A Fall River, Massachusetts police officer, Kevin Dolan, was charged with a Massachusetts DUI after being involved in a rear end car accident. According to the news account, Dolan was arrested after the police officer made observations about his sobriety. The news report does not indicate what those observations were.
The Herald News report indicates that the accident was a rear end accident caused by Dolan. Assuming this is the case, the nature of the accident does not appear to support an inference of drunk driving. Rear end accidents are fairly typical and at an OUI trial, a police officer would acknowledge that most rear end accidents have little to do with alcohol consumption. In contrast, a one car accident or an accident that reveals serious driver error like going on the wrong side of the road or lack of control of the car, would raise a strong inference of OUI. In this case, if there is no other strong evidence of impairment, like statements by the officer, failure of field sobriety tests or other observations of the officer, the motorist may have a promising case for trial in the Fall River Court. Cases involving solely evidence of accident without other significant evidence of lack of balance, self control and mental ability by the motorist, present difficult cases for the Commonwealth to prove beyond a reasonable doubt before a jury.
If you were involved in an accident and charged with a Massachusetts OUI, call Attorney DelSignore to discuss your case, plan your defense and to construct a defense strategy. Your call will be answered immediately by Attorney DelSignore at 508-455-4755 or by email.
