by Attorney Patrick T. Barone
People vs. G.M.
35th District Court - Plymouth
Here our client was stopped
for "defective equipment". When the driver opened his window,
the arresting officer noted a strong odor of intoxicants, and could see
an open can of beer resting on the front passenger floor section. A plastic
baggie was also seen protruding out from under and between the driver's
thigh. The driver admitted drinking a few beers
During the field tasks, the
driver was able to say the alphabet with a slight slur. He was also able
to count backwards, but also with a slight slur. He was able to touch
his fingers, but at a very slow rate. However, he could not touch his
finger to his nose, and also performed the wrong number of sequences.
He could not stand on one leg, and put his foot down at the count of 4
and again at the count of 7. He continued the task with a recurring sway
and shuffle, and then reached to grab the tailgate of his vehicle for
balance just as he reached 29. The driver was then arrested. A search
of the vehicle produced a cooler with six sealed cans of beer, four empty
cans were also found in the car. A small baggie of marijuana was also
found in the driver's pocket when he was searched. A breath test was conducted
back at the station, and the result was .07 and .08.
At the pretrial we requested
several pieces of discovery that were not produced in our initial discovery
demand. We returned to court three more times, and eventually persuaded
the Court to agree to dismiss the case if discovery was not produced by
the next pretrial. We had an appropriate order entered to reflect this
ruling. When we returned there still was no discovery, and the prosecutor
had no explanation for not being able to produce the requested items.
The Judge then granted our motion on this basis - CASE DISMISSED.
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