An Abington, Massachusetts man, Vicent Benoit, faces a fourth offense Massachusetts OUI charge out of the Brockton District Court. This was reported in the Brockton Enterprise by Matt Stout.
The case appears very defensible as the blood-alcohol test results registered .06, under the legal limit of .08. Despite the fact that the breathalyzer test result is 20% below the legal limit, the Plymouth County District Attorney's Office will aggressively prosecute the case, brought in the Brockton District Court.
Even if this was a first offense OUI, district attorneys do not dismiss or reduce these charges to negligent operation, but force a defendant to prevail at trial. Typically, cases with the .06 or .07 breathalyzer test result are very strong case for the defense and often would result in a not guilty verdict at trial. Given that Benoit is charged with a fourth offense, he will likely have to take his case before a jury. You can read more about .06/.07 breathalyzer test result case by clicking here.
The police claim that Benoit nearly hit a police car coming around a turn. It would be helpful for Benoit to have pictures of the turn; in many cases, the pictures of the road may show that the officer's testimony is exaggerated. The defendant is alleged to have failed three of four field sobriety tests, though it is unclear which test the defendant past.
This case demonstrates that any OUI charge regardless of whether the breathalyzer test results are below .08, will require a trial in order to avoid an OUI conviction. Had the defendant's breathalyzer test results been .05 or less, under Massachusetts law, he would not of been charge with OUI.
A case of a .06 breathalyzer test results allows for a Massachusetts OUI lawyer to argue that the breathalyzer test result establish that the defendant was not under the influence of alcohol, given that it is perceived by the police as the most reliable test. During cross examination, a police officer would have to acknowledge that a breathalyzer test is offered in every case, even if field sobriety tests are not given, and that the officer wants everyone to take a breathalyzer test, because it is perceived as the top evidence possessed by the Commonwealth. Accordingly, a Massachusetts OUI attorney would argue that the Commonwealth's best evidence shows that Benoit is not under the influence and that should allow a jury to find that the Commonwealth has not proven its case beyond a reasonable doubt.
