A state police captain charged with OUI in Massachusetts recently had the charge dismissed by a clerk magistrate, My Fox Boston reports.
While Massachusetts OUI defense lawyers like to see a person found not guilty of an OUI charge based on the facts of the case, seeing that a police officer has had charges dismissed sometimes can be controversial.
In this case, according to Fox News, 47-year-old Thomas McCarthy was arrested in November by Saugus police after they chased him. Police said that the trooper captain smelled of alcohol and had an open container in his car, which was state-owned.
Once an officer smells what they believe to be alcohol, they typically will start an OUI investigation on the spot.
That's going to include asking the driver to take a breathalyzer test , as well as adhering to field sobriety tests, which include walking in a straight line, heel-to-toe, standing on one foot without falling and following an object that moves side to side.
But did that happen in this case? According to Fox News it did not and that is why the charges were eventually dismissed. The news station reports that police did not make the trooper submit a breath test or do field sobriety tests, giving him an opportunity to get out of the charge.
The Daily Item reports that the trooper pleaded innocent to a charge of negligent operation of a motor vehicle after the first-offense OUI charge was dropped due to insufficient evidence. He also faces charges of failing to stop and marked lane violations.
Certainly, an experienced Massachusetts OUI defense lawyer is going to look at every aspect of the case to ensure that policies and procedures were followed and that the defendant's rights were upheld. A lawyer will also take time to look at all the actions of the law enforcement officers who made the arrest.
If officers' only "evidence" is the smell of alcohol, but there is no proof of a field sobriety test or a breathalyzer test reading, motions will be filed with the court to dismiss the charges and there will be very little proof at trial. Motorists need to beware however, that refusing the submit to a breathalyzer test carries with it separate penalties.
Michael DelSignore is a criminal defense lawyer in Massachusetts, who represents clients facing drunk driving charges, as well as other misdemeanor and felony offenses.
The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford and Westborough.
More Blog Entries:
Duxbury OUI Driver Found to Be Dangerous, Held in Jail: January 12, 2012
