A sixty year old women, Suzanne Labonte was arrested for a Massachusetts OUI with a breathalyzer reading of .08. A reading of .08 is generally a very defensible case because of the margin of error of the breathalyzer machine. The breathalyzer has a margin of error of at least .01 and a strong argument can be made for a further margin of error of .015. With a reading just at the legal limit, the margin of error would push the actual reading below .08 on the per se portion of the OUI offense.
Labonte's case presents a challenge for a DUI lawyer because according to news accounts she struck a utility poll and continued to drive with a flat tire. What happened in this accident will be an important issue as to whether she grazed the poll or struck it squarely and continued to drive anyway. A DUI lawyer will have to minimize if possible the driving in this case to refocus the defense toward the margin of error in the breathalyzer and other potentially favorable evidence, such as demeanor, ability to respond to questions and performance on any field sobriety tests.
Attorney DelSignore is a Massachusetts OUI lawyer that practices frequently in the Attleboro and Taunton District Courts. if you are charged with a DUI offense in Attleboro, Attorney DelSignore can assist you in prevailing in your case and has an office within walking distance from the Attleboro court. Call for a free consultation, 508-455-4755 or send an email. Calls and emails are generally answered within minutes.
