“Consistent with someone who was not impaired by alcohol.”
Police said the driver of a Jeep nearly caused a head-on collision in Plymouth at 1 a.m. in May 2010. The suspect said he had been drinking beer, failed three field sobriety test, and told a police officer several times, 'you got me.' He blew .25 on a breath test, more than three times the legal limit.
In court a year later, his defense attorney, Stephen L. Jones, got the breathalyzer results suppressed because police failed to follow procedures.
Then, Jones cross examined the arresting officer, James Vachon. The attorney emphasized his client's fatigue, and the things that he did correctly.
“As you'd expect a sober individual to walk.”
“Did you ask him if he was nervous?”
“Did you ask him why he couldn't do it?”
During this test, the defendant was supposed to count to thirty before putting his foot down.
“You didn't use the word 'touch' in your instructions.”
After each side's closing arguments, Judge Kathryn E. Hand finds the defendant not guilty.