Commonwealth v. S.L. – OUI

12/9/14

– Salem District Court

– Beverly Police

– A civilian witness called 911 after almost being struck by another car near the Veteran’s Memorial Bridge in Salem. Due to this, the witness turned around and began following the other car. A short time later, the car pulled over in front of an apartment building on Rantoul Street and parked. The witness testified that he saw “4 or 5” people get out of the car. Police arrived soon thereafter and the witness pointed out the car. The officer then approached the vehicle and saw Client in the driver’s seat. He was ordered out and asked to submit to field sobriety testing. He was then placed under arrest.

At trial, attorney Seed was able to show that the Commonwealth could not sustain its burden of proving that his Client was the operator of the motor vehicle. The witness was unable to identify Client and the police officer could not recall whether the car was on and running when he interacted with Client. Due to that inability by the Commonwealth and Attorney Seed’s cross examination of the police regarding his client’s sobriety, Client was found Not Guilty. A motion to restore his driver’s license was allowed by the judge shortly after trial.