Massachusetts DUI Attorney Blog

Boston OUI Lawyer Michael DelSignore wishes you a safe and enjoyable Fourth of July. Celebrate responsibly, know that law enforcement will be out in force, and call if you are stopped or charged with drunk driving anywhere in Massachusetts.

Attorney DelSignore will personally be available to speak with you by cell phone throughout the holiday weekend.

MASS Live reports great weather with plenty to do. AAA is predicting that more than 1.77 million motorists will hit the road in New England, or nearly 20 percent more than last year.

A law enforcement roadblock netted seven OUI arrests in Hingham last week, the Globe reported. And authorities will be conducting roadblocks -- or sobriety checkpoints as they like to call them -- throughout the weekend.

There is irony in the fact that local law enforcement will spend the Independence Holiday conducting an activity that skirts the Fourth Amendment rights of residents to be free from unreasonable search and seizure. If you are charged with OUI at a Massachusetts checkpoint, call to discuss your rights.

Field sobriety tests and breathalyzer examinations in Massachusetts are another area of the law where an attorney can protect your rights. When such tests are conducted incorrectly, a reduction or dismissal of the charges often results. Some motorists choose to refuse the test, which can carries a six-month license suspension for first offenders if upheld on appeal, but also denies the state a key piece of evidence to prove that you were driving under the influence.

When it comes to field sobriety tests, many motorists mistakenly believe these tests are used by law enforcement to determine whether you are intoxicated and that passing the tests will result in your being allowed to continue on your way. This is rarely, if ever, the case. Field sobriety tests are nothing more than a tool by law enforcement to gather evidence of your guilt in the opinion of a law enforcement officer whose job it is to ... gather evidence of your guilt!

The best defense against a Massachusetts OUI charge is to hire an experienced criminal trial lawyer.

Continue reading "Boston OUI Attorney available throughout the Fourth of July weekend" »

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.

Continue reading "OUI in Massachusetts for motorcycle drivers " »

A 27-year-old woman faces drunk driving charges for allegedly trying to drive home to Rhode Island in a car that was missing a tire, the Taunton Daily Gazette reported.

Diane Monteiro, of 38 Cotter St., appeared in Taunton District Court on Tuesday, where she was arraigned on charges of operating under the influence of liquor, operating a motor vehicle with a suspended license, negligent operation of a motor vehicle, operating an uninsured motor vehicle, leaving the scene of property damage and a marked lanes violation. She was released on $100 cash bail.

Monteiro was arrested April 18 on Winthrop Street in Rehoboth when officers spotted a car traveling eastbound with lopsided headlights. As the Nissan Altima passed the police cruiser, officers noticed it was driving on three tires and its taillights were not functioning.

Police report she drifted into the breakdown lane, where she drove for another quarter mile on the rim, sending sparks shooting into the air as the car scrapped along the pavement. The officers pulled her over just east of Earl Dias Interiors, where they report the Providence woman failed several field sobriety tests.

An inspection of the car revealed it had dents and scratches, as well as a missing side mirror, where police allege Monteiro crashed into a mailbox shortly before being spotted by the officers. The mirror was found on Route 44 in the 500 block of Winthrop Street, where a mailbox had also been damaged.

Authorities reported the defendant smelled of alcohol and appeared "extremely disoriented." She told officers she had consumed two mixed drinks. However, a breathalyzer test at the Rehoboth Police Station registered a blood-alcohol level of .22, nearly three times the legal limit of .08 in Massachusetts.

Monteiro is scheduled to be back in court May 17.

Continue reading "Woman faces Taunton OUI charge; allegedly passes police in vehicle missing a wheel" »

DUI charges were dismissed against former Chicago Blackhawk star Chris Chelios as a judge ruled that the police did not have probable cause to arrest Chelios for DUI.

In order for a police officer to arrest a motorist for DUI, the police must have probable cause to believe that the motorist is driving under the influence. Probable cause is a fairly low standard of proof which is generally satisfied through the officer's claiming that a motorist failed field sobriety tests. In cases with no field sobriety tests, the issue of whether probable cause supported the arrest can come into play. DUI case law holds that a mere odor of alcohol is insufficient to establish probable cause to arrest for DUI. In many cases, an officer will have other factors other than a odor of alcohol, such as slurred speech, bloodshot eyes, admissions to drinking and difficulty of the motorist maintaining balance.

While it is difficult to have a Massachusetts OUI dismissed based on a lack of probable cause to arrest, generally cases with a close issue as to probable cause are difficulty for the Commonwealth to prove at trial, where the standard of proof is much higher than probable cause, but requires proof beyond a reasonable doubt.

Continue reading "DUI Charges dismissed against former Blackhawks defenseman Chris Chelios" »

A Brockton man, John Lloyd was arrested in an empty Braintree parking lot and charged with a Second Offense OUI in Massachusetts. The case will be heard in the Quincy District Court. According to the brief news account, Lloyd refused to perform field sobriety tests. There is no requirement that a motorist perform field sobriety tests when stopped for DUI by a police officer. A motorist is perfectly within their legal right to refuse to perform any field sobriety test and the refusal to perform theses tests cannot be used against a motorist in court.

Because field sobriety tests are designed for failure and scored by the officer administering the tests, it is advisable for a motorist to polite refuse to take any field sobriety tests rather than to subject themselves to a no win situation. Further, by declining to perform field sobriety tests, the Commonwealth is left solely with the officer observations and any evidence of erratic driving.

In this case, Lloyd's Massachusetts OUI lawyer will have a strong argument that there is not enough evidence for a conviction, given that the news report suggests no erratic driving. Further, a DUI lawyer would want to investigate the location of the parking lot, whether other cars were present to determine if the officer's had a lawful basis to make the initial detention of the motorist.

Continue reading "Brockton man arrested for Massachusetts Second Offense OUI in empty Braintree parking lot" »

Massachusetts OUI arrests will generally contained statements by the officer in the police report that the motorist failed field sobriety tests. Are these tests even reliable? Studies by the National Highway Traffic Safety Administration show these tests are approximately 68%. Is that enough to prove a case to a judge or jury beyond a reasonable doubt? The answer is in many case it is not enough as the problems with these tests are easy to understand.

The case of actress Stephanie Pratt demonstrates the minimal reliability of these tests. According to news accounts, the actress was taking these tests in four inch high heel boots. Police training manuals clearly provide that any motorist with two inch or more high heels should be given a chance to take off their shoes. If this account is accurate, the officer's experience, training and opinion on whether Pratt was under the influence could be called into question by a good DUI lawyer on cross examination.

Continue reading "Fairness and reliability of Massachusetts OUI field sobriety tests" »

Field sobriety tests are often used to justify a Massachusetts DUI arrest. A recent study demonstrates that these field sobriety tests are no more reliable than flipping a coin. A recent study showed that police officers incorrectly classified 46% of the participants. Why are field sobriety tests unreliable, because they are physical tests, balancing on one leg and walking nine steps heel to toe are the two most commonly used field sobriety tests. These tests are impacted by weather conditions, location of the test and especially the physical dexterity of the participant.

Another common field tests, the finger to nose test, has never been studied for reliability and requires the motorist to touch their nose while on the side of the road with a police officer judging their performance. The article suggests that police officers know when they approach the car whether there is going to be an arrest and that these field tests simply justify the decision to arrest.

Continue reading "Boston DUI arrests and field sobriety tests" »

A Stoughton, Massachusetts man was held without bail after being charged with a 4th offense DUI. A Massachusetts Fourth Offense OUI is a felony and carries with it the possibility of 2.5 years in the house of correction and carries a mandatory sentence of two years in the house of correction with a one year mandatory minimum sentence.

According to news accounts, the suspect Paul Davenport, allegedly was involved in a hit and run accident and was stopped when police identified the car as being involved in an accident with heavy front end damage. The police did not observe any erratic operation and claim that the defendant failed two out of four field sobriety tests.

Davenport's DUI lawyer appears to have a strong case as according to the police own testimony the defendant passed two field tests. The police deemed Davenport to have failed the one leg stand, despite evidence that the motorist had an injury to his left leg. At trial, in addition to challenge the general unreliability of the one leg stand test, a DUI attorney could present medical records documenting the motorist's medical problems with his left leg, explaining any officer testimony regarding a lack of balance.

Continue reading "4th offense Massachusetts DUI charge for Stoughton man out of the Attleboro District Court. " »

As an experienced Massachusetts DUI lawyer, one thing is clear from having DUI trials and watching DUI trials is that police officers administer the field sobriety tests according to their own personal style and preference. The National Highway Traffic Safety Administration studied the standardized field tests, the horizontal gaze, nine step walk and turn and one leg stand.

The reliability of the horizontal gaze test is 77% accurate; the nine step 68% accurate; and the one leg stand 65% accurate. Despite the minimal reliability of these tests, these are deemed the standardized test. Officers use other tests such as a finger to nose test, counting test and alphabet test, none of which have ever been studied for reliability in detecting drunk drivers.

In a recent trial I had, the officer's testimony indicated he did not administer the test correctly. He testified that on the walk and turn, the turn can be done in any manner the suspect wishes and has no set criteria. He testified he was not aware of any requirement that the turn be a series of three smaller steps as is indicated by his training manual. In one trial I saw while in court, the officer acknowledge that he instructed the suspect to put his leg down every five second and alternate legs on the one leg stand. Not only did this officer not know the criteria for the one leg stand, but he essentially created a new test.

Frequently, officers will vary in their application of the test. For example, the nine step walk and turn requires the officer to put the suspect in the start position where one foot is in front of the other. Some officers use the start position; others do not. According to the police training manual, the tests are suppose to be given in a standardized manner with a standard set of clues to guide an officer in scoring the test.

In a recent trial I had from the Dedham District Court, the officer testified that he was not aware that the nine step walk and turn allows a suspect to have a one-half inch space between heel to toe. If a suspect is required to bang their feet together, the test administered is more difficult than set forth by the officer's training.

Other officers do not use the standardize field test, but instead use an alphabet test, counting test and finger to nose test. These tests according to the police training manual are intends as screening tests prior to requiring a suspect to get out of the car to even submit to further police investigation. Many officers use these in place of the field tests while some use them as additional tests.

If you were arrested because you failed field sobriety tests, your case is very defensible as there are numerous challenges to the accuracy of these exercises, including how they are administered, conditions the tests are performed under as well as possible medical issues that could impact the results.

Continue reading "Massachusetts OUI lawyer and attacking field sobriety tests" »