OUI and Negligent Operation
Jun 07, 2022OUTCOME: Not Guilty Gury Verdict
OUI – NOT GUILTY JURY VERDICT NEGLIGENT OPERATION – NOT GUILTY JURY VERDICT MARKED LANES – NOT RESPONSIBLE Fitchburg District Court 6/7/22 Gardner police respond to report of motor vehicle accident ... with involved party attempting to leave the scene at 12:15 a.m. On arrival, officer observes badly damaged utility pole, debris field and marked paving leading away from crash site suggesting involved vehicle drove away on rims. Following marks in the road, the officer locates a heavily damaged vehicle a short distance away. The vehicle has heavy damage to the rear bumper and rear driver’s side along with both rear tires are blown and full airbag deployment. Police observe client staggering roadside next to the vehicle and radio for an ambulance. Client admits that he was driving home from a club in a neighboring town. The officer assesses that the client drifted across the oncoming lane and struck the utility pole, before attempting to drive off. The officer detects the odor of alcoholic beverage coming from the client along with a thick tongue and slurred speech. In response questioning, client states that he had a few beers but was not drunk. Client also repeatedly apologizes and states that he messed-up. After refusing medical attention, client fails the ABC, walk and turn, finger-to-nose and HGN tests. Client also tells the officer he cannot do the one-leg stand test.