Massachusetts DUI Attorney Blog

New Year's Eve is a time of year where the police in Massachusetts will be on heightened DUI patrol. It is important to remember not to drink in drive, to take alternative means of transportation or to call a taxi. Throughout the United States, police departments employ heightened patrol to detect drunk drivers who are on the road.

While additional police patrol is necessary to deter drunk driving, when police are on these heightened patrols they are more likely to mistake an innocent error in driving for someone under the influence of alcohol. Under Massachusetts DUI law, the police only need reasonable suspicion to stop you and pull your car over to the side of the road. Once you are pulled over, a police officer who is excepting to find drunk drivers may form the opinion that you are under the influence based on the fact that he smells alcohol, your eyes are red and glassy from driving home late at night and you cannot perform balancing tests that are designed to make you fail.

Generally, police officers will require you to perform field sobriety tests. As an experienced Massachusetts OUI lawyer, I have read numerous police reports which demonstrate that the officer does not know how to administer the tests according to the police training. There is a booklet of about 250 pages that discusses how the three standardized field sobriety tests are to be administered. I have numerous copies of these manuals and at your trial can use the very training manual of the officer to demonstrate that the tests were not administered correctly or not properly interpreted. I have read police reports where it is clear the officer does not know how to score the one leg stand or how many clues the officer is suppose to observe to determine the test was failed.

Additionally, I have crossed examine police officers from who make the tests even more difficult to perform than the tests are suppose to be. It is easy to get arrested for OUI in Massachusetts as the crime is a crime of opinion. On nights like New Year's Eve, the officers opinion would naturally be slanted by the expectation that the officer is suppose to be making a lot of DUI arrests.

Continue reading "New Year's Eve brings heightened patrol for motorist committing Massachusetts DUI/OUI offense" »

A Rehoboth, Massachusetts man, Sean Sutherland was charged with a Massachusetts DUI offense according to a news account in the Taunton Gazette. According to the news report, Sutherland is under twenty-one and blew a .21 on the breathalyzer machine.

If Sutherland's Massachusetts OUI lawyer cannot find a way to challenge the basis of the stop or exclude the breathalyzer test results, Sutherland will have to complete a 14 day in-patient program as a condition of his probation as a result of the high breathalyzer reading in the case above .20. Under Massachusetts OUI law, an individual convicted of OUI who is under 21 will also have to endure a 210 day license loss if convicted of drunk driving.

Continue reading "Under 21 Massachusetts OUI charge brought in Taunton District Court" »

Massachusetts State and local police will have heightened patrol to enforce Massachusetts DUI laws. During the period from Christmas to New Years, police departments in Massachusetts and throughout the country are on special alert for drunk drivers.

One common method of DUI patrol is to employ a roadblock or sobriety checkpoint. At a roadblock, every car is stopped to check to see if the motorist is under the influence. A roadblock will typically occur from the hours of 11:00 pm to 3:00 am. Another method is called a saturation patrol, which is essentially putting more officers on the street to patrol for drunk drivers in a particular area.

As a Massachusetts OUI lawyer, it is important to make sure that whenever you are driving you have not consumed too much alcohol. Unfortunately, even if you drank responsibly, you still may get arrested for an OUI in Massachusetts. The crime of drunk driving is a crime of opinion and if the officer concludes that you are under the influence you will be arrested.

Continue reading "Heightened Massachusetts DUI patrol during the holiday weekend" »

As an Attleboro DUI lawyer, often at this time of year, I meet someone charged with a Massachusetts OUI for the first time. Typically, the person may be coming from a holiday party or a family gathering. While being charged with a Massachusetts OUI charge is a difficult experience, it is important to realize that being charged and being convicted are two different things. Hiring an experienced Massachusetts DUI lawyer can make the difference between obtaining a not guilty verdict and accepting a plea agreement in a case that could have been won at trial.

For the Commonwealth to convict you of drunk driving, the Commonwealth must prove beyond a reasonable doubt that you were under the influence of alcohol. The Commonwealth will rely on the officer's observations regarding your driving and your performance on the field sobriety tests. While the police report will emphasize what the officer claims you did wrong, the officer will leave out of the report the facts favorable to your defense. At your office appointment, I will review the report to show you the numerous facts favorable to your case that the officer left out of the report and would likely acknowledge at the time of trial in your case.

Roadside field sobriety tests must be performed according to the standard of the National Highway Traffic Safety Administration guidelines to be deemed reliable. Any deviation from these standards renders the field sobriety tests meaningless. Most officers do not realize that field sobriety tests cannot be performed the way the officer feels like administering the exercises.

As an Attleboro OUI lawyer, at your trial, the officer can be confronted as to whether he performed these tests in accordance with his police training. Many officers incorrectly score the field sobriety tests, make the tests more difficult to perform and do not know the clues that their training manual requires them to look for in scoring the tests.

There are many ways a Massachusetts OUI lawyer can attack field sobriety tests to prove that you were not under the influence of alcohol. In addition to attacking the administration of the test, in some cases weather conditions or medical conditions make it impossible for the tests to be fairly administered.

Continue reading "Attleboro DUI lawyer's advice to those charged with a First Offense Massachusetts OUI " »

The United States Supreme Court will hear arguments in the case of Bullcoming v. New Mexico. The Supreme Court filings in the case can be found on the Scotusblog.

The Bullcoming case is an important case for Massachusetts DUI lawyers. In Bullcoming, Donald Bullcoming was convicted of aggravated felony DWI after a blood alcohol test was admitted into evidence claiming that his blood alcohol level was well above the legal limit of .08. The State admitted evidence of the defendant's blood alcohol level not by calling the individual that performed the chemical analysis of the defendant's blood but by calling a surrogate witness. This surrogate witness was unable to respond effectively during cross examination because the witness did not participate in the chemical analysis of the defendant's blood. Accordingly, the defendant argued that he was being denied his Sixth Amendment right of confrontation under the United States Supreme Court's Melendez-Diaz v. Massachusetts holding.

Three Lawyers from the National College of DUI Defense, Leonard Stamm, Justice McShane and Ronald Moore filed an amicus brief in the case on behalf of the defendant. Click here to read the brief.

The Brief explains the science behind blood alcohol testing and documents that improper blood alcohol testing has led to wrongful DUI convictions in other parts of the country. The Brief argues that cross examination is vital to ensure the reliability of the forensic science behind blood alcohol testing involving gas chromatography and suggests what an effective cross examination would entail if the individual that performed the test were testifying on the witness stand rather than a surrogate witness with no personal knowledge of the testing of the defendant's blood.

As a Massachusetts DUI lawyer, the arguments raised by the defendant's in Bullcoming can be used to excluded blood test evidence from being introduced into evidence. When the Commonwealth attempts to introduce hospital medical records of a defendant following an accident, thought to be caused by a drunk driver, the Commonwealth should have witnesses that took the blood from the defendant available to testify in court; without live testimony, a defendant is being denied the Sixth Amendment right of confrontation guaranteed by the United States Constitution. The Bullcoming decision could provide an important grounds for excluding blood test evidence at Massachusetts DUI trials.

In light of the United States Supreme Court's decision in Melendez-Diaz, I would expect the Supreme Court to reverse the decision of the New Mexico Supreme Court and find that the defendant's right of confrontation was violated by the failure of the State to have the blood alcohol analysis testify just as the defendant's Sixth Amendment right of confrontation was violated in Melendez-Diaz when the Commonwealth did not provide the defendant an opportunity to cross examine the chemist who analyzed the drugs during a trial for drug trafficking.

A 47-year-old Raynham man was held without bail after a dangerousness hearing in Taunton District Court following his arrest on a fifth Massachusetts DUI charge.

Under Massachusetts drunk driving law (Chapter 90 Section 24) a fifth-offense OUI charge carries a penalty of 2.5 to 5 years in prison and a lifetime driver's license suspension with no hardship eligibility. Hiring an experienced Taunton DUI defense attorney will be critical. An experienced attorney may be successful in seeking a reduction of the charges and/or treatment options or other alternative sentencing options in lieu of some jail time.

Scott M. Williams, of Raynham, was arrested Dec. 5 in the parking lot of Bob's on South Street West. He faces charges of drunk driving, negligent driving, driving with a revoked license and refusing to identify himself. He told police a passenger in the vehicle had been driving. Police had been responding to an argument between drivers after a motorist accused Williams of cutting across traffic and clipping a vehicle on his way into the parking log, according to the Enterprise News.

Police say Williams failed the alphabet test and other field sobriety tests. Field sobriety tests are nothing more than an opinion of your guilt by an officer whose job it is to collect evidence of your guilt. Motorists are not obligated to participate in such testing.

Continue reading "Man held without bail in after being charged with 5th offense OUI in Taunton" »

Eight motorists were arrested on drunk driving charges in North Attleboro after being stopped at a Massachusetts DUI checkpoint over the weekend.

'Tis the season for law enforcement roadblocks, or "sobriety checkpoints" as they like to call them. Federal statistics show that these checkpoints do not deter drunk driving. Nor are they particularly effective, with less than 1 percent of all DUI charges originating from a checkpoint arrest. And they are an inherent violation of a motorist's rights against unlawful search and seizure.

But as long as there is state and federal grant money and available overtime pay, police will continue to conduct such roadblocks, particularly around the busy holiday season. To mitigate the rather blatant violation of a motorist's rights, courts have established strict guidelines under which such stops can be conducted. Consequently, there are even more grounds to challenge such arrests than there are in typical DUI cases and an experienced defense lawyer may be able to seek a reduction or dismissal of the charges.

During this weekend's stop, police say Jason T. Cabral, 26, crashed his car while attempting to flee the checkpoint and then provided the name of a former roommate during the booking process.

Seven other motorists were also charged with drunk driving during the checkpoint, which was conducted Saturday night and early Sunday morning on Route 1 at Cumberland Avenue. Four other motorists were charge with misdemeanor vehicle violations and 68 were handed traffic tickets by state police, and police from North Attleboro and Attleboro.

Merry Christmas and Happy New Year.

Police say Cabral failed to stop at the checkpoint about 1:15 a.m. and continued onto I-295 at speeds up to 80 mph. It is not unusual for a motorist to face charges for not stopping at a checkpoint. As if a dozen cops in the road in the middle of the night is not enough to confuse anyone. The speed limit on that stretch of I-295 is 65 mph.

Cabral was arrested after crashing on the ramp to I-95 north.

Ashley Forrestal, 19, of North Providence, was charged with resisting arrest, disorderly conduct and disturbing the peace. However, the Sun Chronicle reports that she did not appear at her arraignment on Monday.

Continue reading "Eight arrested at Massachusetts DUI roadblock in North Attleboro" »

The Journal of Studies on Alcohol and Drugs reports that providing drinkers with "Know your Limit" cards has little impact on the drunk driving rate.

The variables that go into determining a driver's blood-alcohol level are enough to make such BAC calculator cards little more than a rough guess at best. In fact, Massachusetts OUI defense lawyers are frequently able to challenge the results of breathalyzer examinations when the machine has not been properly maintained or the administrator has not received the proper training or certification.

The Journal reports that any aid that permits drivers to assess their risk has important potential for long-term drunk driving prevention efforts. The test sampled 1,215 U.S. residents as they entered Mexico for a night of drinking. Each subject was assigned to one of six prevention categories. Categories included providing generic warnings about drinking and driving, handing out gender-specific BAC calculator cards and providing incentives to moderate drinking.

Results found that telling participants about the risks of drinking and driving resulted in significantly lower BACs for those who indicated they were driving home. Providing the BAC calculator cards did not reduce BACs. In fact, there was some evidence that the cards undermined the effect of the warnings.

The study concluded that the BAC calculator cards do not appear to be effective in reducing drinking and driving.

Continue reading "BAC calculator cards unlikely to reduce instances of Massachusetts drunk driving " »

Criminal jury trials will resume in the Attleboro District Court as the repairs to the jury session caused by the fire have been completed. In May of 2010, a fire broke out on the second floor causing all criminal jury trials to be moved to Taunton District Court. The main criminal session on the first floor remained open since the fire; however, no jury trials were able to be heard in Attleboro.

David Linton of the Attleboro Sun Chronicle who covers the Attleboro District Court for the local paper reports that jury trials will begin on January 3rd in the court.

Continue reading "Jury trials returning to Attleboro District Court on January 3, 2011" »

A Massachusetts DUI Roadblock will be set up in Bristol County according to the State police. A Roadblock can be challenged as unconstitutional if the roadblock is not established in accordance with the case law from the Massachusetts Supreme Judicial Court. One requirement is that the State police provide public notice that a roadblock will be conducted. The news report in the Taunton Gazette is intended to satisfy the public notice requirement. The announcement does not state the precise location of the roadblock.

Recently, I challenged a roadblock as being unconstitutional in the Fall River District Court, arguing that the roadblock was not conducted according to the requirements of case law. I am awaiting the court's decision on the motion.
Additionally, one defense to Massachusetts OUI roadblock arrests is whether the police had reasonable suspicion to direct the motorist from the follow of traffic into the area for further screening.

Continue reading "Massachusetts DUI Roadblock scheduled in Bristol County " »

A 52-year-old Rhode Island man is facing his 11th OUI charge after being arrested for drunk driving in Seekonk, Massachusetts, the Sun Chronicle reported.

A Massachusetts OUI defense attorney will work to seek a reduction or dismissal of the charges or otherwise fight for treatment in lieu of a lengthy prison sentence. Massachusetts drunk driving law (Chapter 90 Section 24) calls for a minimum of two years in prison for anything over a fifth offense OUI charge. The charge is punishable by up to five years in prison, a $50,000 fine and a lifetime driver's license suspension with no hardship eligibility.

Vernon Perry of East Providence was arrested early Saturday morning after police observed his car speeding on Taunton Avenue/Route 44. Police say he was clocked traveling 52 mph in a 40 mph zone in the area of Fall River Avenue. The office gave chase and reports that Perry's vehicle crossed the center line, as well as the line on the right side of the road. Police arrested him after alleging that he failed field sobriety tests.

He was charged with an 11th offense of operating under the influence - liquor, negligent operation of a motor vehicle, speeding and failure to stay within marked lanes. He will be arraigned in Taunton District Court.

Continue reading "Rhode Island man faces 11th OUI after being charged with drunk driving in Seekonk, Mass. " »

A Charlestown father known for crusading against reckless driving after his son was killed in a motorcycle accident has been charged with drunk driving in Rhode Island, according to Channel 10.

Richard "Robin" Foote, 60, was charged on Tuesday with driving under the influence, reckless driving, refusal to submit to a chemical test and disorderly conduct. Police say he was chasing a teen driver whom he claimed ran the same red light where his son was killed. A Rhode Island DUI defense lawyer will review the facts and circumstances in this case. But, without the results of a breathalyzer examination, Foote could stand a good chance of having a first-offense drunk driving charge reduced or dismissed.
An attorney may also challenge probable cause for questioning and arresting Foote for DUI.

Police say the 16-year-old girl ran into the police station about 9:30 p.m. and that Foote followed her into the station and said he was "turning her in," according to Channel 10. The girl told police Foote tailgated her and then pulled around her and slammed on his brakes. She said she drove to the police station because she was frightened.

His son was killed in May when his motorcycle was hit by a woman who ran a red light on Route 1. That driver had a record of 19 previous driving violations and is expected to be sentenced on Dec. 17. The Colin B. Foote Act was signed into law over the summer and creates tougher penalties for habitual traffic offenders.

Continue reading "Man facing Rhode Island DUI charges after chasing teen to police station for running red light" »

A 34-year-old Taunton man is facing a Massachusetts OUI charge and other traffic violations after allegedly leading police on a high-speed chase, the Taunton Gazette reported.

Kevin Fisher, of 12 Cooper St., is accused of running a red light on Route 138 in Easton before leading police on a chase that reached speeds of more than 100 mph. Police say when they finally managed to pull him over, he was drinking a can of Natural Ice beer.

Authorities deployed stop sticks to deflate the tires of his Ford pickup and he was stopped on Manley Street in West Bridgewater. Police accuse him of refusing to exit the vehicle and of attempting to punch officers during his arrest.

He was arraigned in Taunton District Court on charges of operating under the influence of alcohol, negligent operation, failure to stop for police and resisting arrest.

Fisher was being held in lieu of $25,000 cash bail. Court records indicate he has a history of not appearing for court. He is due back in court on December 9.

Continue reading "Police chase leads to Taunton, Massachusetts OUI arrest" »