Stephen J. Paolini was arrested this past Sunday for allegedly violating the Massachusetts Drunk Driving Laws. He has been charged with Operating Under the Influence of Alcohol, 3rd Subsequent Offense, Negligent Operation of a Motor Vehicle, and Failure to Stop for Police.
According to the Massachusetts State Police, Stephen Paolini was arrested after he was allegedly speeding on Route 3 at about 100 miles per hour. When he was pulled over, the trooper allegedly smelled a strong odor of alcohol and placed him under arrest after he exercised his right to refuse to submit to Field Sobriety Tests.
Despite the police officer alleging an “overwhelming stench” of alcohol on Paolini’s breath or person, the prosecution in this case cannot ignore the fact that it appears he was able to navigate the car, even at high speeds. One might suspect that if the driver was impaired by alcohol, he could not have been able to drive at that speed without getting into an accident.
Although Stephen Paolini may have difficulty challenging his speeding ticket, it appears that the only evidence against him in his OUI / DUI case is the fact that he smelled of alcohol, which standing alone, may not be enough to prove him guilty.
DUI 3rd Offense in Massachusetts is punishable by imprisonment for not less than 180 days and up to 5 years in state prison. In addition, third time subsequent OUI offender could also face fines of up to $15,000; a loss of his/her Massachusetts Driver’s License for 8 years; and cancellation of the vehicle’s registration plates for those 8 years.
To schedule a Free Consultation, Click Here to Contact a Boston OUI / DUI Lawyer or call 617-325-9500.
Attorney Lefteris K. Travayiakis may also be reached at email@example.com.