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Not Guilty After Trial - OUI Drugs

November 2019

Our client was charged with Operating Under the Influence of Drugs (heroin and suboxone). We filed Motions in Limine prior to the trial beginning where we argued that the police officers who arrested our client should not be allowed to talk about the effects of these drugs on the human body and that they should not be allowed to give an opinion as to our client's performance on the "Field Sobriety Tests." The judge allowed both of the Motions. We argued in the Motions that this would require "expert" testimony and the police were not qualified as "experts" in these areas. We argued that the "Field Sobriety Tests" are designed to show alcohol impairment and not drug impairment. The judge agreed with us. After a trial with two police officer witnesses, our client was acquitted of the charge of Operating Under the Influence of Drugs and a Not Guilty verdict was returned. 

Practice area(s): Criminal Defense

David Ellison

David Ellison, Criminal Defense Lawyer and Personal Injury Lawyer in Rhode Island and Massachusetts, is an aggressive, honest & affordable attorney. 

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