Out of State Physician Found Not Guilty of Charges of OUI and Child Endangerment After Trial

Our client is a doctor from another state. She, her husband (also a physician) and their two children were visiting friends in Massachusetts over Labor Day weekend. After spending an afternoon at a local club with friends, our client and her family started to head back to the hotel they were staying at about twenty minutes away. Our client had at most ½ a drink. Her husband had more and they agreed that he should not drive. Our client was unfamiliar with the operation of her husband’s vehicle. In the course of attempting to locate the headlights she swerved. This alerted two EMT’s who had just left a call. The EMT’s followed the car and observed what they claimed was our client swerving. They called the police. Concerned about the report of erratic operation the responding officers asked our client to perform some field sobriety tests. According to them she failed and was arrested. The charges were OUI, G.L. c. 90 section 24 and child endangerment G.L. c. 90 section 24V. Attorney Neyman was hired. We obtained body worn camera video demonstrating that our client had in fact performed the field sobriety tests satisfactorily. She was also very responsive to questions from the police. She did not slur her speech. Moreover, her husband’s car was equipped with security cameras that showed that her driving was not erratic contrary to the EMT’s reports. We tried the case and our client was found not guilty. 

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