Commonwealth v. C.D. – OUI

3/6/13

Brighton District Court

Mass State Police

– Client stopped on Soldier’s Field Road for speeding. Trooper states that client has glassy eyes and an overwhelming odor of alcohol coming from his person. Client fails 2 FSTs but does not perform poorly on them. Once arrested and back at barracks, client submits to chemical breath test and records a .13% – well above the legal limit of .08%. At a motion to suppress hearing, Attorney Seed cross examines the trooper and gets him to admit that he did not observe client for the required 15 minutes prior to his breath test. Because of this, the test is thrown out of evidence and cannot be used at trial. On the trial date, the commonwealth moves to dismiss for lack of evidence.