Somerville Police responded to a Dunkin’ Donuts in Somerville this past week to investigate an alleged assault and ended up arresting a man on Massachusetts Drunk Driving Charges.
Nelson Orlando Martinez, 22, was arrested for allegedly Operating Under the Influence of Alcohol.
According to police, when Somerville Police officers arrived at the Dunkin’ Donuts, they reportedly spoke to witnesses who were described as two Hispanic men with long hair in ponytails and traveling in a red pickup truck.
Police officers reportedly saw a red pickup truck with two occupants who allegedly matched the description. The men were in the car and stopped at a stop sign when police pulled the car over.
Once having pulled the car over, police allegedly smelled alcohol on the driver and asked him if he had any drinks. He allegedly stated he only had one shot; but later allegedly stated he had two shots. Somerville Police asked Nelson Orlando Martinez to exit the car and alleged that he was unsteady on his feet. He also reportedly failed Field Sobriety Tests.
At this time, he was arrested on Massachusetts OUI / DUI Charges.
The issue that arises in cases such as these is that there are actually a number of things that support the inference that this defendant was not operating under the influence of alcohol. For example, officers were not responding to a report of anyone drunk driving; they did not observe the defendant to have committed any motor vehicle traffic violations; there is no suggestion that Martinez was unable to follow the officers’ directions to exit the car; etc. etc.
Even if you were to believe that the defendant allegedly admitted to the police that he had 2 shots and failed Field Sobriety Tests (which everyone is deemed to have failed), these are not necessarily fatal to any defense.
To the average person, the typical DUI / OUI case seems hopeless and many people believe they have no chance of beating their case. In reality, however, a great deal many DUI cases are, in fact, triable, and persons charged with OUI should Consult with a Boston DUI Lawyer who can explain all their rights and any potential defenses.
Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts OUI / DUI Charges, including Operating Under the Influence of Alcohol; Leaving the Scene of an Accident; OUI After License Suspended for Previous OUI, and Child Endangerment While OUI.
To schedule a Free Consultation, Click Here to Contact a Boston OUI Lawyer or call 617-325-9500.
Attorney Lefteris K. Travayiakis may also be reached at email@example.com.