Massachusetts state routes 2, 2A, 62, 126, 119, 111 and 117 pass through Concord, a Middlesex County town. On these and other major Massachusetts roads, persons are frequently stopped for suspected drunk driving. In our Commonwealth, drunk driving, also known as operating under the influence, can carry many serious punishments.
Probable Cause for Stopping Motor Vehicles, Concord Massachusetts OUI Defense LawyerProbable cause to stop a vehicle for an OUI in Massachusetts usually stems from a cell phone caller reporting erratic driving or a police officer seeing erratic driving. A successful challenge to the stop can result in suppression of all subsequent observations. These observations usually involve the officer’s objective and subjective impressions of the driver’s behavior and the results of any tests; i.e field sobriety tests and breathalyzer or blood alcohol tests. Challenges to OUI stops are raised through motions to suppress.
Challenging a police officer’s testimony can be difficult at this stage of the proceedings. Judges tend to believe police officers unless the defendant’s lawyer can show that they should not be believed. This can be accomplished in many ways. Sometimes lawyers try to obtain copies of the officers other arrest reports. This might show that the officer writes essentially the same report every time he or she makes an OUI arrest. Most criminal defense lawyers can cite, almost verbatim the boilerplate language that saturates these reports. Other times lawyers can obtain security videotapes from locations at or near the stop that independently refute the officer’s observations. In other instances there may be independent witnesses who saw the stop and can testify that it appeared to them that the defendant was stopped for no reason. A good criminal defense lawyer will dig deep and investigate all possibilities to prevail at this stage of the case.
Proceeding with or without a Jury in Massachusetts OUI TrialsHiring the right lawyer means hiring someone who knows whether or not you should try your case before a jury or proceed jury waived. Some judges rarely or never acquit people accused of OUI. I know instances where judges have suggested a defendant go jury waived on a case where the breathalyzer read .06 and subsequently convicted them after trial. The mistake here was that the lawyer had no experience with this judge and believed that he was doing right by is client by proceeding without a jury. In truth, most judges would have acquitted the defendant as would most juries in this situation. Ask your lawyer about his experience in this court and with these judges.
Massachusetts Drunk Driving Defense AttorneyAs one can see from these serious penalties, OUI charges require aggressive defense. An OUI/DUI/drunk driving lawyer will explore the constitutionality of the stop, examine the steps taken by police in conducting any field sobriety, breathalyzer or blood tests, review reports and certifications, and otherwise investigate every possible defense to your charge.
Law Offices of Stephen Neyman, P.C. 617-263-6800If you have been charged with a Massachusetts OUI/DUI/DWI, contact the Law Offices of Stephen Neyman, P.C. by calling 617-263-6800 or by sending an e-mail. Stephen Neyman has been representing those accused of drunk driving for more than 20 years, and he is exceptionally talented at what he does. His phone lines are open 24/7, so call today.