Massachusetts DUI Lawyers Blog

As a Massachusetts criminal defense attorney, whenever I come across a news article dealing with a criminal investigation, I naturally start to analyze the legal significance of the case. I recently read about the Saugus case in which a 5-foot-1-inch, 96 pound 18 year old girl was charged with four counts of leaving the scene of personal injury, reckless operation of a motor vehicle, operating a motor vehicle under the influence of alcohol and serious injury, three counts of assault and battery with a dangerous weapon and aggravated assault and battery with a dangerous weapon. This is a tragic case because alcohol has once again harmed the lives of several youths; the four who were rushed to the hospital, and of course the young girl who now faces possible jail time. While most readers would read this article with outrage, my natural instinct to read through the eyes of a lawyer leads to my strong belief that many of those charges will not stick.

Continue reading "Saugus teen charged with 10 counts in drunk driving case: 4 won't stick" »

When speaking to a jury, I always refer to Field Sobriety Tests by a much more fair and accurate phrase: "Roadside Gymnastics." You are set up to fail these "tests" before they are even explained to you. I have come up a list of the top ten reasons why you should NEVER submit to these roadside gymnastics:

10. The officer already suspects that you are under the influence of alcohol or drugs. If you are arrested, he/she will make sure that the police report contains sufficient incriminating evidence to warrant an arrest and then prosecute you criminally. This often leads to an exaggerated or misleading report and then testimony by the officer to support that report if your case goes to trial.

9. The officer who administers these roadside gymnastics has likely practiced them hundreds, if not thousands of times. He was trained in a comfortable environment. It is not fair to expect you to perform them perfectly on your first try under the threat of being arrested.

8. Weather conditions such as rain, cold temperatures, ice, wind, snow, and fog may significantly affect your ability to perform the "tests."

7. The testing area may affect your performance. Any uneven surface, gravel, cars whizzing by, inadequate lighting, or the absence of a visible straight line (for the walk and turn test) may negatively affect your performance.

6. You do not know whether you will perform these roadside gymnastics to the officer's satisfaction. You make think that you can perform the tests well enough, but there are many cues of impairment the office is trained to detect, many of which you aren't even aware.

Continue reading "Massachusetts Field Sobriety Tests: 10 reasons to always refuse" »