A Massachusetts District Court dismissed charges of driving under the influence in Massachusetts against a police officer, stating that a blood sample was taken without his consent.
Northborough Police Officer James F. Scesny was injured in an accident in May 2007 where he struck a telephone pole with his pickup truck around 2:00 am. Officers from the Clinton Police Department on the scene reported that Scesny smelled of alcohol and slurred his words. Scesny, 38, was taken a local hospital for treatment, where staff drew a blood sample. When testing for blood alcohol content was mentioned, he indicated that he wanted to consider the action and consult with an criminal defense attorney. The sample was not only taken, it was tested for alcohol revealing a BAC more than twice the legal limit for being charged with OUI in Massachusetts.
During his trial for Massachusetts OUI/DUI, Scesny
