Commonwealth of Massachusetts v. RS (2014) Docket Number 1452CR000218 DUI-- A Motions to Dismiss for an Unlawful Stop and a Motion to Suppress the Breath Test were filed.
Attorney Lynch Made a Motion to Dismiss for an Unlawful Stop. The Motion to Dismiss was denied. The bases of the stop was the Police officer estimated her speed by looking in his rear view mirror. he then pulled her over for speeding. The officer testified that he had a radar detector in his car, but was not using it. The officer testified that he could accurately estimate the speed of a car by looking in his rear view mirror, but in defense counsel's opinion the stop was illegal. The stop was held valid by the Judge. The Motion to Suppress the Breath test was granted. The first test failed because RS had "mouth alcohol" which affected the results. However, in his police report the officer stated the test failed because there was "insufficient air flow". The officer was either lying in his reports, confused, or was cutting and pasting from a previous report. In any case the first breath test failed and the officer's report did not reflect the fact "mouth alcohol" was present when RS blew for the test. A second breath test was then administered, but the officer did not wait the required time between the first and the second test. Attorney Lynch was able to get the breath test thrown out. The first jury trial resulted in a hung jury. The second jury trial resulted in a finding of not guilty.
Practice area(s): DUI / DWI