A Pembroke, Massachusetts man, David McSweeney was charged with a Massachusetts OUI in Brockton District Court. McSweeney is alleged to have drove his motorcycle erratically on Washington and Temple Street according to a news account. A police officer stopping a motorcycle operator for DUI makes many of the same observations that an officer would make when stopping a car.
There are however some clues that an officer would look for particularly when stopping a motorcycle operator. The Brockton DUI defense lawyer could file a motion to suppress to challenge the basis of the stop, the accuracy of the witness' observations and the reliability of the account of the witness. In most DUI cases, if there is a good faith basis for a motion to suppress the stop, the motion is a valuable part of the case as it allow a DUI lawyer to hear the testimony of the officer regarding the driving prior to trial. By obtaining a transcript of the officer's testimony, there will now be two statements of the officer as to what happened, the police report and sworn testimony.
The critical aspect of this case will be excluding the breathalyzer test results from evidence. Without the breathalyzer results, there would be a chance to challenge the observations of the officer and opinion that McSweeney was under the influence at trial. If the breathalyzer cannot be excluded or a plea agreement is entered in this case, given the high breathalyzer reading, the motorist would have to attend an alcohol assessment under 24Q of the Massachusetts OUI law.
Attorney DelSignore defends motorists charged with OUI in Brockton, Dedham, Stoughton and Wrentham courts. If you are charged with an OUI offense, call today to set up an appointment, 508-455-4755.
