A Brockton man, John Lloyd was arrested in an empty Braintree parking lot and charged with a Second Offense OUI in Massachusetts. The case will be heard in the Quincy District Court. According to the brief news account, Lloyd refused to perform field sobriety tests. There is no requirement that a motorist perform field sobriety tests when stopped for DUI by a police officer. A motorist is perfectly within their legal right to refuse to perform any field sobriety test and the refusal to perform theses tests cannot be used against a motorist in court.
Because field sobriety tests are designed for failure and scored by the officer administering the tests, it is advisable for a motorist to polite refuse to take any field sobriety tests rather than to subject themselves to a no win situation. Further, by declining to perform field sobriety tests, the Commonwealth is left solely with the officer observations and any evidence of erratic driving.
In this case, Lloyd's Massachusetts OUI lawyer will have a strong argument that there is not enough evidence for a conviction, given that the news report suggests no erratic driving. Further, a DUI lawyer would want to investigate the location of the parking lot, whether other cars were present to determine if the officer's had a lawful basis to make the initial detention of the motorist.
A Second Offense OUI in Massachusetts will have a substantial impact on your ability to drive as a conviction carries a two year license loss, the requirement of the installation of the ignition interlock device along with the completion of a 14 day in-patient program and the aftercare component. You should speak to an experienced OUI attorney if you are charged with a second offense OUI in Quincy, Massachusetts. Attorney DelSignore can be reached at 508-455-4755 or 781-686-5924 or by email. Attorney DelSignore will gladly discuss your case over the phone and arrange for an immediate free consultation.
