Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12
Home  >  Cape Cod Criminal Defense Lawyer  >  Cape Cod (Mashpee) OUI 2nd Offense, Reckless Operation and Leaving the Scene of Property Damage Trial

Cape Cod (Mashpee) OUI 2nd Offense, Reckless Operation and Leaving the Scene of Property Damage Trial

The defendant was involved in a single car crash in the Town of Mashpee. When police responded to the scene as the result of a neighbor’s 911 call, they found a vehicle that had crashed through a telephone pole breaking it in half and totaling the front end of the vehicle. The pole was still on fire and the vehicle was abandoned by the driver who had fled the scene. Approximately 100 miles up the road, the defendant was located by the Mashpee Police walking through the woods. The police made contact with the defendant who admitted he was involved in the accident and had been the operator. The defendant smelled of a strong odor of alcohol, spoke with slurred speech and failed field sobriety tests (alphabet test, HGN test, 9 step walk and turn test) that were administered by the police. At the police station, the defendant refused the request by Mashpee Police to submit to a chemical test. The defendant was charged with OUI 2nd offense, reckless operation of a motor vehicle and leaving the scene of property damage. The defendant was represented by Attorney James Powderly who defended the case through trial at the Falmouth District Court. At the conclusion of trial, the defendant was found Not Guilty of the OUI 2nd Offense, Not Guilty of Reckless Operation of a Motor Vehicle and Guilty of Leaving the Scene of Property Damage. The defendant received a sentence of 1 year probation with a 60 day license loss. Had the defendant been convicted of the OUI 2nd offense, he would have faced a jail sentence of up to 2.5 years in jail and a license loss of 3 years.