Posted by Michael Franklin
Attorney Michael Franklin represented a 44 year old man charged with OUI at trial in Worcester District Court. The client was charged with Operating A Motor Vehicle Under The Influence of Drugs, Illegal Possession of a Class B Drug and Illegal Possession of A Class C Drug.
The client was operating his motor vehicle on Rte. 146 in Millbury. Other drivers reported to the State Police that he was operating erratically. He was stopped by the State Police and field sobriety tests were conducted. The client failed the field sobriety tests and actually fell over during the 1 legged stand. During the arrest prescription drugs were found in the glove compartment of the vehicle with another’s name on the prescription bottles.
Result: The judge found the defendant not guilty because the government was unable to prove beyond a reasonable doubt that the drugs in the defendant’s possession were illegal and that he was operating the motor vehicle under the influence of drugs. He was acquitted on all of the charges.