Man Acquitted of Drunken Driving Charge After Field Sobriety Test Questioned

January 23, 2017

Man Acquitted of Drunken Driving Charge After Field Sobriety Test Questioned

BERKSHIRE EAGLE- January 23, 2017

PITTSFIELD >> A city man facing a second drunken driving charge was acquitted on Wednesday amid questions about the field sobriety test and inconsistent testimony.

Hector Palestino, 37, was found not guilty by a Berkshire County jury of six after deliberating for about 30 minutes.

Palestino's attorney, Marc C. Vincelette, said state police pulled his client over on May 13, 2016, about 1:09 a.m. after a random query was run, indicating Palestino did not have license. A charge of operating without a license was dismissed prior to trial.

The troopers alleged Palestino was exhibiting signs of intoxication, including slurred speech and unsteadiness on his feet. Vincelette argued to jurors that the troopers had made no observations of intoxicated driving before initiating the stop and that a trio of sobriety tests were incorrectly given. A witness who was with Palestino prior to the stop testified that he only consumed one glass of champagne earlier that night.

In a statement, Vincelette said, "This is a great example of why we have jury trials in our justice system. Mr. Palestino has been exonerated by a jury of his peers."

The case was heard before Judge Michael Ripps in Central Berkshire District Court. If convicted, Palestino faced a sentence of up to 2 1/2 years in jail.

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