Drunk Driving Cases Handled
by Attorney Patrick T. Barone

Case 26:

People vs. G.M.
35th District Court - Plymouth
Judge Gerou

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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