Not Guilty - OUI and Reckless Operation
July 2018
We are pleased to announce that our client was found Not Guilty of Operating Under the Influence of Alcohol and Not Guilty of Reckless Operation of a Motor Vehicle after trial in the Attleboro District Court. In order to prove a defendant guilty of OUI, the Commonwealth must prove that the defendant operated a motor vehicle, on a public way, and did so with a diminished capacity to operate that vehicle due to alcohol. We made issue of the fact that the Commonwealth could not show beyond a reasonable doubt that the defendant was impaired from alcohol. In addition, to prove the charge of Reckless Operation, the Commonwealth must prove that the defendant operated a motor vehicle, on a public way, and did so in a reckless manner. We argued that the Commonwealth could not show beyond a reasonable doubt that the defendant operated the motor vehicle in a reckless manner.
Practice area(s): Criminal Defense
