Page 6 - March 2017

Unconventional Approach in OUI Arrest
C-6 Trooper Secures Difficult Conviction
by Lieutenant Mike Richards

As anyone who works in law enforcement knows, to a small sedan which was against the guard rail at the

operating under the influence of alcohol is a major end of the ramp. A female lay unconscious and very

public safety concern. Operators under the influence seriously injured in the roadway not far behind this

of alcohol or narcotics cause devastating injuries and sedan. A male party, with a head injury was seated on

loss of life every year in Massachusetts and throughout the guard rail prior to the female. The windshield of

our nation. The Centers For Disease Control statistics the small sedan was broken above the steering wheel.

put this problem in perspective. The CDC reports that The male’s injury was consistent with his head striking

in 2014, 9,967 people were killed in alcohol-impaired and breaking the windshield of the small sedan. After

crashes nationwide. This accounted for nearly one-third rendering medical aid to the female, troopers spoke to

(31%) of all traffic-related deaths in the United States. the male.

Of the 1,070 traffic related deaths among children ages The male made statements that indicated the following:
0 to 14 years in 2014, 209 (19%) involved an alcohol- He stated that a third vehicle had run over the female,
impaired driver. Of the 209 child passengers ages 14 and dragged her body down the road. He stated that
and younger who died in alcohol-impaired driving the operator of that vehicle had exited and told him to
crashes in 2014, over half (116) were riding in the keep his mouth shut and had then had fled the scene.
vehicle with the alcohol-impaired driver. Trying to deter While observing the male party, troopers made the
and prosecute this crime has always been challenging. following observations: They observed that he had the
This has been made more difficult by the proliferation strong odor of an alcoholic beverage emitting from his
of media and materials that educate potential violators mouth; he had extremely red, bloodshot, and glassy
on steps to take to avoid successful prosecution. eyes, his speech was thick-tongued and slurred. He

In March of 2014, troopers of the C-6 Holden barracks seemed lethargic. He said that he was coming from his

faced a challenging OUI investigation. Troopers had “buddies” house and he had consumed one Budweiser.

responded to a crash involving a woman who was He refused a PBT Test. Troopers ran the plate of the

seriously injured by a suspected OUI operator. When sedan and found that the male was the owner operator.

they arrived, the scene was complicated and horrific. Troopers determined that the information he provided,

The following is a synopsis of what they observed. combined with the other evidence, placed him as

Upon arrival, troopers and local police discovered a the operator of the vehicle that ran over the female,
large black SUV across the Exit 23 ramp to Rt. 290 but would probably not have been enough to secure
Eastbound. The personal belongings of a female party a conviction for operating under the influence on
were scattered on the roadway behind this SUV. A intoxicating liquor.

large, reddish brown streak, that appeared to be blood, Due to his head injury, the male party was transported

ran for approximately 150 yards from the black SUV to UMASS Medical Center. He was not under arrest at

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