Operating Under the Influence - Fitchburg District Court
Mar 26, 2013OUTCOME: NOT GUILTY
A Sterling woman was stopped after a Trooper observed her car straddling the center line and coming in contact with the soft shoulder several times. The Trooper smelled a strong odor of alcohol, obse ... rved her eyes to be bloodshot and glassy and had difficulty understanding her. The Trooper asked the woman to step from the car to perform field sobriety tests and she nearly fell out of the car. The Trooper caught her and helped her to the rear of the vehicle. She was asked to perform several field sobriety tests and nearly fell again during these tests. She was arrested and charged with OUI. Attorney Power was able to effectively cross examine the Trooper and establish that the woman had stated that she had health problems that would prevent her from doing the tests. He further established that only physical field sobriety test were asked to be performed. Attorney Power was able to exclude statements made by the defendant that hurt her case. He also presented medical records to the jury relating to his client's medical conditions. He convinced the jury to find his client NOT GUILTY.
