OUI, DUI, Drunk Driving Defense Cases
MOTION TO SUPPRESS ALLOWED
SECOND OFFENSE OUI DISMISSED
Fitchburg District Court
Gardner police are dispatched to a motorcycle accident in front of a bar and are further instructed while enroute that motorcyclist has left the scene, taking bike behind the bar. Upon arrival, police observe damaged bike behind bar and obtain client’s name from calling in the plate. Police enter bar and demand all male patrons’ I.D.s in an effort to locate client. Police locate client and observe thick slurred speech, strong odor of alcoholic beverage and blood shot, glassy eyes. Client falls into the bar after getting up from his bar stool when told to come with police. Client fails HGN and walk and turn tests. After hearing on defendant’s motion to suppress, the court found the officers did not have the right to “seize“ client and orders all information obtained as a result inadmissible, case dismissed.
