Not Guilty on OUI 3rd Offense
Not Guilty on OUI 3rd Offense
BERKSHIRE EAGLE- October 16, 2009
NORTH ADAMS>> A North Adams jury of six aquitted an Adams woman of drunk driving that resulted in a crash near the MCLA campus last year. Julie Smith, 39 of Adams, was found not guilty of negligent operation of a motor vehicle and operating under the influence of alcohol, third offense, after a 2 day trial.
Prosecutors alleged that on October 30, 2008 North Adams Police was called to the scene of a two car motor vehicle accident near the college campus. There they found Smith who they noted was unsteady on her feet, had glossy eyes and alochol on her breath. Smith admitted to consuming two beers earlier in the day but denied she was intoxicated. According to the Commonwealth, Smith failed standard field sobriety tests that were conducted on the street.
Smith's attorney, Marc Vincelette of Pittsfield, countered that the accident was actually caused by the other driver, not Smith, and should not be viewed as a sign of intoxication. Vincelette also produced a video recording of Smith's booking at police headquarters, who showed Smith "clearly not in an intoxicated state." The attorney stated that there is no way the person on the video could've failed the field sobriety tests so badly, only 15 mintues prior to the video begining.






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