Framingham Woman Facing OUI Charge

570798_red_cup.jpg Jean Seariac of Framingham was arrested on Thursday, January 10th, according to an article in the MetroWest Daily News. Seariac was reportedly arrested at approximately 11:00 a.m. after police reportedly found her sitting in a running car on West Union Street drinking rum from a plastic cup.

Police reportedly checked on the woman because she was sitting in her car for a long time. Police reportedly found her drinking from a cup. Seariac was allegedly startled by police; the officers also allegedly smelled alcohol on her breath.

Seariac allegedly denied drinking alcohol; however, she reportedly subsequently admitted that she had a drink and that she “likes to drink rum.” Police reportedly administered several field sobriety tests to Seariac, which she allegedly failed. Police also reportedly tested the liquid in her cup; the liquid allegedly tested positive for alcohol. Finally, police reportedly administered a Breathalyzer test to Seariac, and she reportedly blew a .20. The legal limit for blood alcohol while driving is .08, meaning that Seariac reportedly tested two and a half times over the legal limit.

Seariac is charged with driving under the influence of liquor, driving to endanger, and possession of an open container of liquor in a vehicle. Seariac has reportedly been convicted of driving under the influence of alcohol once already, making this a subsequent offense for her. If she is convicted again of this charge, she is facing more severe penalties under Massachusetts law. However, Seariac’s first OUI offense reportedly occurred in 1978. Therefore, the court may look more favorably on her than if she had been convicted of this offense more recently. Because this second offense is alleged to have occurred more than 10 years after the 1st offense Seriac is eligible for a disposition that would help her avoid some of the more serious penalties often associated with second offense OUI.

Seariac pleaded not guilty at her Framingham District Court arraignment on Friday. She was released without bail. She is due back in court on February 11th for a pretrial conference.

To successfully obtain a conviction for the OUI charge, prosecutors will need to prove that Seariac was operating a motor vehicle under the influence of an intoxicating liquor. Because Seariac took a Breathalyzer test, the prosecutors can use the evidence from that test as evidence that she was under the influence of an intoxicating liquor. Seariac may claim that the Breathalyzer test was not properly calibrated as a defense. For the driving to endanger charge, prosecutors will need to prove beyond a reasonable doubt that Seariac was operating a motor vehicle on a public road so as to endanger any person, including her. Because Seariac was sitting in a running car, but was not actually driving, she could have a defense against this charge.

If convicted of the OUI charge, Seariac will be facing serious penalties, including fines and a suspension of her license. A driving to endanger conviction can lead to penalties, such as jail time.

If you or a loved once is facing motor vehicle related charges, contact me today.

Posted in: DUI/OUI

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