A Taunton, Massachusetts driver, William Miller was charged with a Massachusetts OUI after striking a curb and hitting a utility pole. Miller submitted to a breathalyzer and registered a reading of .13.
A Massachusetts DUI lawyer defending Miller will have to attempt to have the breathalyzer evidence excluded from evidence, by reviewing the breathalyzer documents, potentially consulting with an expert and having a hearing prior to trial to exclude the breathalyzer test results from evidence.
The News report does not state whether or not field sobriety tests were given at the scene. If the arrest was based solely on the accident, and the breathalyzer evidence is deemed inadmissible, a DUI lawyer may try to offer an explanation for the accident and argue that the police did not have sufficient evidence to prove that the motorist was impaired beyond a reasonable doubt.
