Massachusetts DUI Attorney Blog

President Obama's Uncle seeks safety record of police officers who arrested him in Framingham. His Massachusetts OUI charge is scheduled for a motion hearing in the Framingham District Court. This was reported in the Metro West Daily News. The motion hearing challenges the Constitutional basis of the officer to stop him under the Fourth Amendment.

It appears that the Framingham OUI lawyer will use the officer's poor driving record to rebut a claim that Obama's Uncle went through a stop sign almost striking the officer. To read about the details of the arrest from August 20, 2011, click here to review the report of the BostonChannel.com.

The safety records of the officer may reveal that the officer had a bias and a reason to overstate the details in the report. Additionally, the records will put the officer on the defensive and will be relevant in the court assessing his testimony and determining if there was reasonable suspicion for the initial stop.

An Ashland man was recently arrested in Framingham and charged with a fifth offense OUI. He is being held in jail without bail, the MetroWest Daily News reports.

In the Ashland man's case, he appeared recently in Framingham District Court, where a judge held him without bail until an upcoming hearing.

The MetroWest Daily News reports that 54-year-old James Guy was scheduled back in court where it will be determined if he's a danger to the public. He was arrested one recent night after a report of a hit-and-run accident. A man said his vehicle was hit and the other driver took off.

When police got to the scene, the other vehicle returned, but when police attempted to pull the driver over, he drove off, the newspaper reports. Eventually stopped, police identified the man as Guy. Police reported that he tried to walk off, but they stopped him. He told them he didn't have a license, which is why he walked away. Officers reported smelling alcohol on his breath.

Police said he failed a field sobriety test -- walking nine steps heel to toe -- and after that, they arrested him. The Massachusetts OUI lawyer said he failed the field sobriety test only because his feet were not pointed in the right direction and he has vertigo, which can affect his balance.

Certainly, health issues can be a factor when taking field sobriety tests. An experienced DUI lawyer in Massachusetts will be able to point out weather or health related issues that may have made the tests difficult. And there are other defenses that may be applied, as well, depending on the circumstances.

Continue reading "Framingham Fifth Offense OUI Lands Man Held Without Bail" »

The Washington Post is reporting that more woman are being arrested for drunk driving.

Yet the Centers for Disease Control and Prevention reported this fall that men were responsible for 81 percent of drinking and driving incidents in 2010.

Some of these statistics can be unreliable. For instance, law enforcement runs public relations and media campaigns trying to get people to think that OUI in Massachusetts and nationwide is on the rise.

But, studies have shown that the number of OUI incidents in Fall River, Framingham, Boston and elsewhere are actually on the decline. So, what do you believe?

Our Westborough OUI lawyers recognize that law enforcement will believe the statistics that justify their DUI road blocks and saturation patrols -- DUI is a moneymaker and they are looking to make as many OUI arrests as possible. Whether numbers are up or not, police will be out in full force.

The CDC reports that adults drank and drove 112 million times in 2010 according to the agency's survey. Men ages 21 to 34 made up 32 percent of all drunken driving episodes, but make up only 11 percent of the population. Eighty-five percent of drinking and driving involved binge drinking -- 5 or more drinks for men or 4 or more drinks for women in a short period.

A study by The Century Council, as reported by The Washington Post, suggests that mothers have been drinking and driving with their children more often lately. A study found that the average female drunk driver is older and more educated than their male counterparts.

The profile of a typical female drunken driver didn't surprise researchers, who put together the study after the 2009 accident of a mother in New York who was under the influence of drugs and alcohol and caused a wrong-way crash that killed her, her daughter, three nieces and three men in another vehicle.

The article suggests that some parents, especially mothers, may have a glass of wine or two with friends while caring for their children. This may be a more common situation than we might realize.

But like any OUI case, the charges must be proven. Even a person arrested can't be considered guilty until it is proven in court, despite the court of public opinion. That's what trials are for. And women may face additional charges, most commonly child endangerment, which can increase the potential penalties for a conviction.

The Commonwealth has a great burden in proving someone committed a crime and simply going on the word of the officer who pulled the vehicle over is not enough. More must be proven.

If field sobriety tests were conducted, they must have been conducted appropriately, with consideration taken for weather conditions and possibly the person's physical ailments, could have affected the outcome. If there were witnesses and dash cam surveillance, that, too, should be a factor.

If a driver consents to a breath test machine sample, the reading should be challenged. These machines have been known to be faulty, as thousands of cases have been dismissed because the machines either weren't properly calibrated or maintained or they weren't manufactured correctly.

All of these are factors in a Massachusetts OUI case. Whether you're a woman or a man, it's no matter. An experienced Massachusetts OUI lawyer can help.

Continue reading "More Women Being Arrested for Drunk Driving in Massachusetts" »

The state's highest appeals court, the Supreme Judicial Court, recently reinstated a man's 7th OUI conviction after a lower appeals court overturned it, The Boston Globe reports.

Picking up even one charge of OUI in Attleboro can be a frightening experience. There are hefty penalties, including fines and fees, possible jail time, driver's license suspension, an alcohol education course and probation.

All of that can be costly, both financially and in damage to a person's reputation. Job loss and family problems may also result. The best way to approach an OUI case is to hire an experienced Massachusetts OUI lawyer, one who will stand by your side and work to build a sound defense.

In this case, a man was accused of rear-ending a police officer in Woburn in 2006. The police officer, however, was from Somerville. That means he was out of his jurisdiction.

The off-duty officer was wearing his police uniform and carrying his gun when he and the driver, in his 60s, began exchanging papers. The officer detected alcohol on the man's breath and told him to return to his car and he called Woburn police. The key point of the case is that he took the man's keys.

The officer who arrived on scene ordered field sobriety tests, which the article states the man failed. He registered a blood alcohol level of .12, higher than the 0.08 legal limit. He had a bottle of whiskey on his lap, the court stated.

After the man was convicted, the Massachusetts Appeals Court overturned the conviction, saying that the off-duty officer was out of his jurisdiction and made an illegal arrest when he took the man's keys.

The court ruled that it wouldn't create a 'Superman' rule where off-duty officers would have to change into street clothes in order to avoid having cases shut down because of jurisdiction issues. The SJC ruled that if the officer had changed into plain clothes there would not have been a jurisdictional issue here. Accordingly, the SJC reinstated the Massachusetts OUI conviction that was overturned by the Appeals Court.

Continue reading "7th Massachusetts OUI Conviction Reinstated By Massachusetts Supreme Judicial Court" »

A 50-year-old man was recently arraigned in Wrentham District Court after picking up his seventh drunken driving charge, The Boston Globe reports.

Charges of OUI in Wrentham require careful investigation in order to formulate a defense. This seventh-offense charge will likely be brought in Superior Court, where the defendant will face a 5-year state prison sentence, rather than 2.5 years in the house of corrections, which would be the maximum penalty if the case stayed in district court.

In this case, Howard Stockbridge was allegedly involved in a crash and then left the scene, The Globe reports. The newspaper reports he was driving despite having a 10-year license revocation at the time. He was charged with rear-ending a vehicle on Interstate 495 in Foxborough.

A 30-year-old Rhode Island man called police after he said he was struck by a pickup truck driven by a while male. The man said the driver kept heading north. Witnesses supposedly caught the registration number and told them the vehicle was disabled on I-495 northbound near Route 106. The driver then allegedly ran into the woods.

Police found the truck and saw that it was registered to a Taunton woman, but they say Stockbridge lives there. They found a photo and the Rhode Island man confirmed Stockbridge was the man who hit him.

Inside the vehicle, police found empty beer bottles in a cooler and another on the passenger seat. The truck had "extensive" damage and problems with the radiator. Troopers found Stockbridge in a Green Street parking lot. He told them he was coming from a gym and pointed to a nearby fitness center.

He is now charged with operating under the influence of liquor-seventh offense, negligent operation of a motor vehicle and leaving the scene of a property damage crash and three other offenses. No one was injured.

MyFoxBoston reports that troopers detected an odor of alcohol on his breath when he was arrested.

As in any criminal case, the veracity of a witness' statement can be challenged and verified with other independent witnesses and the facts of the case. While police investigating OUI-related cases tend to focus on the first person they suspect may be guilty, an experienced lawyer will explore all options and defenses.

Continue reading "Taunton Man Faces Multiple Offense Massachusetts DUI charge" »

Halloween is approaching, as we can tell from the crisp weather, the black and orange decorations and the costume advertisements that seem to pop up this time of year.

And while it's primarily a holiday for children to go door-to-door and try to get as much candy as they can, let's face it, it's a holiday for adults, too. During the weekend there will be parties where friends get together with outrageous costumes to try to impress each other and there likely will be alcohol.

The key here is to enjoy yourself, but do it responsibly. It's quite likely that police throughout Massachusetts will employ OUI roadblocks as a way to trap drunk drivers. This can lead to an arrest for drunk driving charges in Massachusetts this Halloween weekend.

If this happens, the first move should be to contact an experienced Massachusetts DUI defense lawyer. Getting an attorney involved as quickly as possible can only benefit you. The longer a defendant waits, the more an attorney has to play catch up to get apprised of the facts and be prepared for trial.

When officers pull drivers over, they must have what's called probable cause. This is true in any situation. They must have a reason to pull over a vehicle. Some typical examples of reasons are if the driver was speeding, swerving, improperly changed lanes or ran a stop sign.

Probable cause is required so that officers can't simply pull over a vehicle for no reason and try to search it. The probable cause for the stop can be challenged in a OUI case.

After the initial stop is made, the officer will use his or her training to make observations about the driver that could lead them to believe the driver is operating the vehicle under the influence of drugs or alcohol. What they typically rely on are things like slurred speech, glassy or bloodshot eyes and the inability to have a coherent conversation.

That is the key moment that determines whether the officer is simply going to decide whether or not to give a ticket for speeding and whether he or she is going to pursue a DUI investigation.

If it's the latter, the officer will usually ask the driver to step out of the vehicle and take field sobriety tests and/or a breath test. Refusing to take a breath test automatically results in a driver's license suspension. However, it will also deny the state a key piece of evidence to use against you at trial.

Field sobriety testing is when an officer asks the driver to take nine steps and turn around to determine their balance, stand on one leg and follow an object from side to side.

All of these can be challenged as well, depending on whether they were conducted properly, whether video from the officer's cruiser contradicts the observations on the police report, and whether other factors, such as the person's physical ailments or the weather could have affected their ability to perform.

This Halloween, enjoy your time with your friends and pick out a good costume. Drink responsibly so that you don't give the police any reason to interfere with your life. If you find yourself arrested, don't panic, call an experienced Massachusetts DUI defense lawyer, who will defend your rights.

Continue reading "Drinking Responsibly on Halloween as a Massachusetts OUI charge can have severe consequences" »

Personal problems led to the police chief of a small Cape Cod town being arrested for OUI recently after crashing his police cruiser into the woods, WHDH reports.

As the Massachusetts DUI Attorney Blog has reported before, anyone can face an OUI charge in Massachusetts. Whether driven by emotional stress or simply a person having a good time and underestimating their blood-alcohol level, those from all walks of life can face this charge, as it's easily the most commonly filed charge in America.

In this situation, a police chief, someone who directs many other officers and is in charge of setting policy, fighting crime and ensuring justice, faces the same charge that he has likely locked up hundreds of people for. Massachusetts OUI lawyers have seen the destruction this type of charge and the penalties that go beyond the court system.

In this case, 44-year-old John Lundborn is charged with OUI and negligent operation of a motor vehicle. According to a police report, he turned off Route 6 onto Pilgrim Heights Road into a park that is part of the Cape Cod National Seashore.

When he made a turn, he wasn't able to make it and drove his unmarked Dodge cruiser into the woods. When his police officers responded to the crash, they found that his pants were "pulled down to the mid thigh area."

In the police report, a sergeant wrote that he had to catch his police chief in order to ensure he didn't hit the ground as he got out of his car. The report said he was distraught, admitting to drinking a lot that night and told the sergeant his life was "over" and said he had been having problems with his wife.

The newspaper reports that he is seeking medical attention and didn't appear at his arraignment at Orleans District Court. The case has been transferred to Plymouth District Court, the newspaper states.

This is a sad situation for the police chief. Not only will he get more attention on this case because of his position, but he will likely lose his position as police chief and possibly lose his job altogether. Add to that the personal problems he said he's having, and he could be in for a rough stretch.

Sadly, that happens to average people, too. They may not make headlines, but many people go through difficult financial times and personal problems with a spouse, criminal charges can further complicate matters.

Defending against the charge is the only thing to do in a situation like this. There are few other options other than to scrutinize the state's evidence, the officer's actions and anything else the state intends to use in seeking a conviction. Pick a trustworthy and experienced Massachusetts OUI defense lawyer who will stand by your side and defend your rights.

Continue reading "Cape Cod Police Chief Busted For OUI After Crashing Department Cruiser" »

Detroit Pistons player Ben Wallace may end up avoiding jail time in a drunken driving case because of an odd twist -- he had a gun on him, the Detroit Free Press reports.

The article goes on to state that Wallace may have gone before the same judge who sentenced former NBA player Jalen Rose this summer to jail time for his first DUI, which Massachusetts DUI Attorney Blog commented on at the time.

But because of the unlawfully carrying of a concealed weapon charge, a potential five-year felony in Michigan, it's likely his case will be taken to a circuit court judge, who are less likely to sentence first-time offenders to jail time. Rose was a first time offender whom the judge used to send a "message" about the dangers of driving while intoxicated.

The sentencing for OUI in Massachusetts is based largely on a judge's discretion. While there are guidelines for punishment, the argument of an experienced Massachusetts OUI attorney, coupled with favorable facts for the defendant, can help a client avoid serious jail time.

This is an odd case because under normal circumstances, a person charged with DUI would go before judge Kim Small, who has a reputation of sentencing first-time offenders to lengthy jail time -- a reputation which became more widespread this summer when she sent Rose, a former NBA basketball player, to jail for DUI.

But because Wallace also faces the gun charge, that case will likely be sent to a court that handles felony cases and not low-level misdemeanors. An analysts believe that may actually benefit him.

Provided a defendant is adequately defended, judges who handle felony cases are sometimes less likely to sentence first-offenders to jail or prison time for minor felonies. In most court systems, if the defendant faces both felonies and misdemeanors, the case is taken to the court that handles felonies. Typically, judges who preside over misdemeanor cases aren't allowed to hear felony cases.

Because Wallace will be sent to a judge who is described as handing out "temperate and measured sentences," it's likely he will face probation and fines, whether he goes to trial and is convicted or enters a plea agreement. Of course, that assumes he will be convicted.

According to the news report, Wallace was in a 2007 Cadillac Escalade when he was pulled over for "driving erratically." Investigators found a magazine of bullets for a .28-caliber semiautomatic pistol that was in a backpack and registered to his wife. Police reported that Wallace's blood-alcohol level was 0.14 percent, nearly twice the state's 0.08 legal limit.

In most situations, defendants aren't allowed to pick their judge. The situation in the metro Detroit area has been heavily reported based on the high-profile cases there.

Continue reading "Detroit Pistons Player Avoiding Jail Time Shows Disparity in DUI Sentencing " »

A longtime top aide and adviser to Gov. Deval Patrick has been suspended by the Governor after being arrested recently for drunken driving in Brookline, the Enterprise News reports.

The report shows that even the most experienced and professional people can be labeled criminals with an OUI charge. While it's not a charge that people plan to commit, it's the most commonly charged crime in the United States.

Everyone from school teachers to firefighters to police officers have been charged. It's not as if this is a planned, sophisticated crime. Other crimes, like thefts or even battery charges can be planned out and executed and those defendants face less serious penalties.

It is important when facing a charge of OUI in Massachusetts to plan out a strategic defense to the charges. As this case illustrates, the social consequences, including job loss, can be as serious as the criminal penalties. An experienced Massachusetts DUI defense lawyer will scrutinize every aspect of the case and help the client fend off the allegations they face.

In the case of the Governor's aide, despite denying that he was driving while intoxicated, his boss decided to put him on unpaid leave after his arrest. While this may be more of a political move, it isn't an uncommon reaction from employers.

Many employees face suspension or firing after being arrested, even though an arrest isn't proof a crime was committed. While many employers may realize that, they tend to do what may be most acceptable in the public eye and get rid of the employee. More companies tend to operate in an "act first, ask questions later" mindset about their employees picking up OUI charges, which is unfortunate.

Ron Bell was pulled over one early Sunday in Brookline by police who say he was driving erratically. They charged him with OUI, speeding and marked lane violations. He denied the charges, but was still suspended until the investigation is completed.

The Boston Herald reported that Bell failed several field sobriety tests and was released on personal recognizance after his arraignment. His gout condition may have contributed to an alleged failed field sobriety test. He also is recovering from a March heart attack.

Medical issues are certainly a factor in OUI cases in Massachusetts. While police may not listen to someone who they have pulled over if they tell the officer about an existing medical condition, a judge or jury might.

Police officers are trained to be suspicious of what people say to them. Surely, they have heard every excuse in the book about why you are not really drunk. But existing medical conditions, such as imbalance issues, foot or leg issues or even weather conditions can make performing field sobriety tests difficult.

That's why all of these issues must be brought up once the case gets into the criminal justice system. While people would rather avoid an arrest and not have to deal with that embarrassment, sometimes they must be patient and wait for the true facts to come out at trial.

Continue reading "Governor Deval Patrick Aide Charged With OUI In Brookline" »

A Wisconsin college dean was not prosecuted for allegedly threatening his wife because of understaffing, the district attorney said.

In Atlanta, former Boston Red Sox pitcher Derek Lowe had DUI and reckless driving charges dropped after he was arrested in April.

But in Massachusetts, prosecutors often continue to push cases even when a defendant is determined to have a blood-alcohol level below the legal limit of .08. That's why defending against an OUI charge in Attleboro is so critical. The prosecution is aggressive, so the defendant should hire an experienced and aggressive Dedham DUI Defense Attorney of their own to combat the Commonwealth.

According to the news story out of Wisconsin, the dean of a University of Wisconsin campus was arrested on a charge of suspicion of first-degree recklessly endangering safety, a felony there. He allegedly tried to run his wife off the road with his car last fall. But upon review, prosecutors said the evidence couldn't support the felony charge, but they could have filed a misdemeanor charge. However, because they are understaffed, they declined.

In Georgia, Lowe was arrested April 28 in a posh area of the city near his home. Florida State Troopers alleged that an Aston Martin and Camaro were racing. Lowe, who drives a Porche Panamera, was pulled over and a trooper said he detected a "strong odor of an alcoholic beverage." Yet, Lowe's attorney believes the officer smelled Lowe's chewing tobacco and that the 15-year Major Leaguer did well in field sobriety testing. Yet, he was arrested and charges were later dropped.

In Massachusetts, neither of these scenarios would be likely to play out. In the case of the Wisconsin man, it would be likely that prosecutors would go forward with the charges until the bitter end. In Lowe's case, the prosecution would probably keep the charges in tact, even if the evidence doesn't support a conviction under the law.

The fact is that district attorneys are told to prosecute cases to the full extent of the law. There have been cases where breathalyzer results spit out a reading of .06, or .07, even though the legal limit is .08 and drivers are still arrested.

Without a proper defense, a motorist could be left with a criminal record.

Trying to defend an OUI charge alone in Massachusetts is like waving the white flag. But if you hire an experienced Attleboro DUI Attorney, who will aggressively fight the charges, you will have legal knowledge and an advocate on your side. Don't attempt to fight an OUI allegation in Massachusetts by yourself; trust in someone who will do all that can be done to fight the charges.

Continue reading "Massachusetts OUI Cases Get Prosecuted Below .08 BAC" »

A state lawmaker in Ohio is now facing constituents, who want him removed from office for allegedly driving drunk, the Dayton Daily News reports.

The story, out of Ohio, shows how quick the public is to rely on the word of law enforcement at first glance. Yet, when they are faced with a crime, they want everyone else to adhere to the "innocent until proven guilty" rule that makes our criminal justice system the best in the world.

Sadly, this man, like many others charged with OUI in Brockton and throughout Massachusetts, is facing the crushing realty of a drunken driving arrest -- people are quick to judge. This goes not only for the general public, but also family members and bosses. Companies are quick to fire someone when they are arrested, even before the person has made their way into a courthouse to face the charges.

A person can be arrested one night and be fired the next. And with jobs so scarce and the economy in a tough spot, losing a job can be very difficult for many people out there. But there are instances when aggressively defending against the charges with an experienced Attleboro OUI Lawyer, and getting an acquittal or charges dropped, can lead to a job being restored.

In mid August, the embattled legislator told the news media he wasn't going to resign over three alleged alcohol-related incidents despite leaders calling for him to do so. He said constituents have sent him calls of support, yet an open records request by a newspaper found that more people have asked for his resignation than showed him support.

He was arrested in July and charged with drunken driving and child endangerment. The charges stem from an incident in which state police pulled him over after alleging his pickup truck drifted over the center line of a road and his trailer didn't have taillights. He refused to take field sobriety tests. His brother-in-law, who was a passenger, has signed an affidavit saying that the man drank three beers over more than two and a half hours that day and that he didn't appear to be impaired.

The penalties for OUI in Massachusetts are more severe than other similarly unsophisticated, minor crimes. A person who steals something from a store or house can sometimes get less serious penalties than a person who is accused of driving over the legal limit.

For first-time OUI offenders, possible penalties include:

A maximum of 2.5 years in prison
A one-year driver's license suspension
Possible one-year probation term

Every case varies and usually by the judge, the prosecutor and certainly the defendant's choice of a Massachusetts OU DefenseI Attorney. Some first-time offenders can get out with completing an alcohol education program, probation and fines and fees. But sometimes judges can be out to make a point.

These penalties are on top of the aforementioned penalties a person can face outside the criminal justice system, which can be as daunting, at times. Defending the case and showing the flaws in the arrest and proving the Commonwealth doesn't have proof beyond a reasonable doubt can help restore your name and reputation.

Continue reading "OUI Penalties in Massachusetts Go Beyond the Legal System" »

The uncle of President Barack Obama was recently arrested and charged with DUI and is now being held without bail on an ICE detainer, Fox News reports

Being arrested and charged with OUI in Framingham can be frightening for anyone, especially an illegal immigrant.

One of the more important tasks facing any noncitizen is to understand the immigration consequences of a criminal conviction. Generally, a first offense Massachusetts OUI will not be a bar for citizenship for someone lawfully in the country. However, it is always important to individually assess any immigration consequences of a plea to a drunk driving charge and to understand those consequences if convicted after trial.

Onyango Obama, 67, was arrested in Framingham after police allege he nearly hit a police cruiser with his SUV after making a rolling stop through a stop sign.

Onyango Obama is originally from Kenya and is the half brother of the president's late father. He has pleaded not guilty and yet is being held on a U.S. Immigration and Customs Enforcement detainer. Court documents cited by Fox News state that he previously had a removal order or a deportation order active.

Fox News could not determine his immigration status, but removal orders are typically for people living in the country illegally. Few government sources are commenting on the situation.

According to police, Obama was charged with operating under the influence of alcohol, failure to yield the right of way and negligent operation of a motor vehicle. According to police, the officer barely avoided the SUV and was forced to slam on his brakes to avoid a wreck. The 67-year-old allegedly told police at first that he hadn't had anything to drink but later said he had two beers.

Police said he failed several field sobriety tests and blew a 0.14 on a breath test, nearly twice the state's .08 legal limit.

In any case of OUI in Framingham, regardless of the status of the driver, there are many defenses. They start with the police officer or law enforcement officer who made the stop. First off, what an officer observes, if witnesses or dash camera footage can dispute it, can go a long way to showing the Commonwealth doesn't have proof beyond a reasonable doubt that the crime occurred.

Other factors, such as weather conditions or human error, can also affect an OUI case in Boston. Breathalyzers, devices that are designed to give a blood-alcohol level output of a driver, have been known to be faulty and can be affected by weather conditions. Condensation that builds up inside can alter a reading. Manufacturing defects or uncalibrated machines can also lead to arrest, but be exposed at trial for an acquittal.

There are many ways for a case to be fought in court. The public sometimes believes that an arrest is proof positive that a crime has been committed, but that's only the beginning.

Continue reading "President Obama's Uncle Charged with OUI in Framingham, Massachusetts " »

In this series of Blogs, I have attempted to describe all aspects of a Massachusetts drunk driving charge and how the case will be defended by a Massachusetts DUI lawyer. Prior blogs, have addressed the HGN test, nine step walk and turn, one leg stand test and nonstandard field sobriety tests. This post will address the driving factors and observations that the officer is looking for and how these can be used to form your defense. This is the final post in this series.

A critical part of defending your case will involve the reasons why the officer stopped your car. If there was no dangerous or erratic driving, you already have the framework for a strong defense of your case. The reason is that the purpose of the field sobriety tests is to determine your ability to drive safely and if there is no erratic driving than your driving itself provides part of the proof that you were not under the influence of alcohol.

What are some of the clues that a police officer looks for regarding the driving that will be used to demonstrate you were under the influence of alcohol:

The National Highway Traffic Safety Administrations lists the driving clues that officer may find. I have attached a link to a police field sobriety testing training manual.

Of significance regarding this list, is that speeding is not a sign that a motorist is under the influence of alcohol.

Here are a list of the driving clues:

• weaving


• straddling a lane line


• turning with a wide radius


• drifting


• almost striking a vehicle or object


• stopping problems, too far, too short, or jerking


• accelerating or decelerating rapidly


• driving too slow


• slow response to traffic signals

I generally break up the driving between the initial observations of the officer and the driving once the police officer puts on the blue lights. Police officers are trained to think of these two incidents as separate driving sequences.

The officer's training when the blue lights go on is referred to as the stop sequence. The officer is taught to view this as an important point during the encounter to determine whether a motorist is under the influence of alcohol. The signal to stop divides a motorist's attention between paying attention to the blue lights to stop and pulling over safely. The idea is that the signal to stop divides a driver's attention. The field sobriety tests, like the nine step walk and turn and one leg stand are designed to achieve a similar purpose of dividing a driver's attention. Even though the officer may claim you failed field sobriety tests, the driving itself is evidence of good mental ability and good coordination skills necessary for driving.

Accordingly, when a police report reads that a driver pulled over immediately after the blue lights go on, an effective cross examination by a Massachusetts DUI attorney will emphasize that this demonstrates that the motorist was not under the influence of alcohol. To listen to a further explanation of this defense, click here for a video explaining how this idea is used at trial.

Continue reading "Massachusetts OUI Lawyer explains drunk driving defenses based on police training" »

A man was arrested on a charge of OUI in Abington recently -- for the second time since May, the Enterprise News reports.

Being arrested and charged with OUI in Massachusetts can be a scary thought. Many people don't know where to turn and wonder what their future holds. The first thing a person should do is call an experienced Massachusetts OUI Attorney.

Mark G. Anderson was arrested in Abington after police say he had a beer spilled at his feet and several empty alcoholic containers in his back seat when he was arrested recently. He is charged with second-offense OUI, negligent operation of a motor vehicle and a marked lanes violation.

He was arraigned on the same charges in Hingham District Court on July 6. He also faced OUI charges in Hingham District Court in 2005, though the case was continued without finding, the newspaper reports.

According to police, they saw the driver swerve into the opposite lane on Brockton Avenue in a Chevrolet pick-up truck. Police observed the man with bloodshot, glassy eyes, the newspaper article states.

The man allegedly told police he had two drinks and he failed three out of five field sobriety tests. In one, he allegedly twice failed to balance on one foot. Investigators found empty beer cans and empty containers of other alcoholic beverages.

In May, he was charged with second-offense drunken driving, negligent driving and a marked lanes violation after being involved in a single-vehicle accident in Hingham that split his pick-up truck in two.

He was ordered to attend Alcoholics Anonymous meetings twice a week and isn't allowed to drink or possess alcohol or operate a motor vehicle, the newspaper reports.

In this case, the article states officers asked the driver to perform five field sobriety tests, though there are only three recognized by the National Highway Traffic Safety Administration: walk and turn, one leg stand and horizontal gaze nystagmus. In each of these tests, officers make observations about walking heel to toe, standing on one leg and following an object from side to side.

While some may think these are black-and-white tests, they are not. An officer's training or lack of training can make a big difference. As can weather conditions, whether the person is under duress (they're usually extremely nervous, at least) and physical conditions of the person. Some people have a natural imbalance, so asking them to perform tests that require balance may be unfair.

Continue reading "Scituate Man Faces Second Massachusetts OUI arrest" »

As the Massachusetts DUI Attorney Blog recently reported, former NBA player and ESPN analyst Jalen Rose was sent to jail for 20 days in response to a March 11 DUI accident in Michigan.

His attorneys argued that the sentence was more excessive than sentences handed down in other DUI cases, both in Michigan and throughout the nation. A new report by USA Today shows that the attorneys are correct -- where a person is arrested for DUI makes a huge difference about what type of sentence a person may receive.

But also, who the person hires is important. Hiring an experienced Attleboro OUI Attorney who knows the system and has been defending clients for years can be a critical factor in how a case is handled and the sentence a defendant receives. Obviously, the facts of the case vary, but the penalties for OUI in Quincy and throughout Massachusetts can be steep:

• Up to two and a half years of incarceration


• Up to one year driver's license suspension


• Fines and fees


• Completion of a self-funded alcohol education course

But it's different in Massachusetts than in other states, the USA Today article reveals that not only do judges use their discretion on a case-by-case and city-by-city basis, but that states vary in the penalties for even first-time DUI defendants.

Experts cited in the article believe that jail time is less of a deterrent for repeat offending than sanctions such as the ignition interlock device, which includes a tube that convicts must blow into in order to start the vehicle. If the device measures higher than the state's .08 blood-alcohol level content, it won't start.

Rose was arrested in March in the Detroit suburb of West Bloomfield. Research shows that had he been arrested in other area cities he likely wouldn't have faced any jail time. Rose crashed his Cadillac Escalade on March 11 and was arrested that day.

The case shows how different sentences can be for DUI, a crime that was responsible for 12,744 traffic deaths in 2009, according to the National Highway Traffic Safety Administration. FBI statistics show that DUI is easily the most commonly filed charge, with 1.4 million people arrested each year for it.

Alaska, Tennessee and Georgia are among the states with mandatory jail time for first offenders, locking up defendants for three, two and one day, respectively. California, Connecticut and Indiana, however, don't require jail time for first-time offenders.

In Wisconsin, a first-time offense for DUI isn't even a crime. It's a civil infraction that results in a ticket.

"There are no set guidelines on this. There's no national standard on this," said Alex R. Piquero, a criminology professor at the University of Texas-Dallas, who has studied drunken driving for more than 20 years. "There is a lot of discretion. It's like a ref on the football field. Everyone holds on every play. Which one is the most egregious of the offense?"

Yet the trend is evident: Politicians continue to pass tougher DUI laws each year. We don't know what the penalty for conviction will be next month or next year. But we can assume the sanctions will be more severe than they are today. Just one more reason it's critical to fight DUI charges.

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