Massachusetts DUI Attorney Blog

A man from Dedham, Massachusetts, Eliot C. Feeley, is charged with a First Offense OUI in Massachusetts after being stopped by the Stoughton police. Police allege that Feeley struck a car in the parking lot of the Last Shot bar and left the scene of the property damage without providing his contact information. According to a news account, police claim that Feeley switched vehicles before being stopped for allegedly not having his headlights on. The police claim that the description of the motorist who left the scene of the property damage matched the description of Feeley.

The Massachusetts OUI attorney defending this case may have a strong case that Feeley was not under the influence of alcohol. According to the news report from the Patriot Ledger, there was no erratic driving observed by the police officer. The news account only notes that the officer observed bloodshot eyes and found Feeley's speech to be slurred. What will be significant is whether the officer noted any difficulty with balance and coordination. These details are usually contained in the details of the police report. In many cases, a DUI defense lawyer will focus both on what the officer includes in the police report as well as omits from the police report. At a Massachusetts OUI trial, typically a cross examination of the officer will focus on bringing out all the positive details that show that the motorist had good balance, coordination and normal ability to communicate. While the officer will generally not write those positive details in the report, a skilled cross examination by a DUI attorney can bring out those fact that may lead to a not guilty verdict at trial