Massachusetts DUI charges for motorcycle drivers are defended with many of the same methods used to defend a charge against an automobile driver. With the summer approaching, it is likely that there will be an increased number of DUI arrests involving motorcycle drivers.
What does an officer look for when determining whether a motorcycle driver is driving drunk. According to the National Highway Traffic Safety manual that officer used to detect DUI for motorcycle drivers, one clue is drifting during the turn. The National Highway Safety manual states that studies have shown that the most common cause of single-vehicle fatal motorcycle crashes is the failure to turn properly, with the motorcycle continuing straight during the turn. The manual further states that in less extreme cases the motorcycle driver's turn radius will expand during the turn.
Another clue an officer will look for in motorcycle DUI cases is trouble getting off of the bike and failing to stop the bike in a safe place. This clue is similar to the clue officers look for in automobile stops, whether the person has trouble getting out of the car. The idea with a Massachusetts DUI cases involving a car or a motorcycle is that getting off of the bike or out of the car takes balance and coordination that excess alcohol consumption can reduce. In cases where a motorcycle driver, gets off of the bike with no difficulty, this would be a strong clue in the motorist's favor demonstrating balance and coordination and undermining the opinion of the officer that the driver was under the influence.
Another clue indicating a lack of balance and coordination is trouble with balance when the motorcycle comes to a stop. This is a clue that an officer may observe when a motorist is stopped at a stop sign or red light. Other clues that an officer would look for are being unsteady during a turn, leaning incorrectly, late breaking during a turn and erratic driving.
As an experienced Massachusetts OUI lawyer, I have defended clients charged with DUI while riding a motorcycle. The National Highway Traffic Safety Manual can be a valuable tool for a lawyer crossing a police officer regarding a DUI arrest involving a motorcycle as the manual points out the many areas where alcohol can impact driving. In most cases, the officer observed only one or two clues from the manual or sometimes no clues as the stop is for speeding. Accordingly, the manual can be used to show that the motorist had good balance and coordination and was capable of driving safely. Whether you were driving a car or motorcycle, I would be pleased to discuss your case. Most of my clients find me easy to reach and you can call me directly at 508-455-4755. I answer most calls personally and will set up an immediate appointment.
