Commonwealth v. W.S. – OUI, Refuse to Submit, Open Container

10/29/14

– Somerville District Court

– Medford Police

– Client stopped after Medford PD observe him swerving in between lanes on a city street. Client pulls into a parking lot and is approached by officers. After an initial interaction where the officer observes a slight odor of alcohol, glassy eyes and slurred speech, the officer returns to his cruiser to run the Client’s information. Upon the officer’s return, the Client refuses to get out of his vehicle and locks all of his doors. Several units are called to the scene. However, Client refuses to cooperate and remains seated in his car. Medford Fire is then called to come pry open Client’s door. When Client is finally removed from the vehicle, he is immediately placed under arrest for a host of charges, including OUI. At trial, Attorney Seed was able to convince the trier of fact, through cross examination of the police officers as well as introducing his Client’s booking video, that Client was not impaired and that the Commonwealth could not meet its burden of proving guilt beyond a reasonable doubt. Instead, they were convinced that Client, himself a Fire Fighter and EMT in another jurisdiction, had panicked due to the fact that he had an open container in the vehicle. Client was found Not Guilty after trial on all criminal charges.