Lee E. Harvey, 18, of Dorchester, was arrested earlier this week on Massachusetts DUI Charges in Braintree and charged with Operation Under the Influence of Drugs.
According to the Braintree Police Department, officers allegedly observed Harvey make an ‘abrupt’ turn into a parking lot. Probably because they saw a few young kids in the car and for no other reason despite not claiming that any motor vehicle violations were committed, officers then approached the car.
As they approached however, the police allege that one of the passengers, a Randolph man, got out of the car and fled. That man was later stopped a short distance later and he, along with another passenger and two Boston women, were questioned but not arrested for any crimes.
Harvey, however, was arrested after the Braintree Police Officers reportedly smelled a “strong odor of burnt marijuana coming from inside” the vehicle and because he “exhibited signs of possible marijuana use” and not having a valid driver’s license.
Ever more interesting in this case, however, that despite not alleging that Harvey committing any motor vehicle infractions or that he drove his car in a manner that would suggest he was impaired, he was also charged with Operating Under the Influence of Drugs. The DUI Charge, notably, was added because a particular Braintree Police Officer has somehow been declared a “trained drug recognition evaluator” and formed the opinion that Harvey was Operating Under the Influence of Drugs.
Where Harvey refused to perform Field Sobriety Tests; where there are no allegations that he drove his vehicle in an impaired manner; where there is no other extrinsic evidence that any intoxicated impaired his ability to operate that car safely…I honestly don’t see how the OUI charge will hold up…
Boston DUI Attorney Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts DUI / OUI Charges, whether involving alcohol or drugs.
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