Ten Mistakes That Police Make In Mass DWI Cases

These are ten errors that police officers make which can strengthen your Massachusetts DWI case. If you think mistakes were made in your drunk driving case, contact me for a consultation and I'll tell you exactly what I think we can do to fight back.

I've won many cases based on these mistakes.

1. Stopping a vehicle on the basis of an anonymous 911 call. An officer cannot rely on a phone call to stop you without having the caller's name and address.
2. Following a driver into their residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment of the US Constitution.
3. Basing an arrest solely on your own statements. The officer must have independent evidence to corroborate your statements. This situation often arises when the officer has not seen you in "physical control" of your car. In cases like this, we can challenge "operation" - and make them prove that you were actually driving.
4. Detaining you longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.
5. Stopping your vehicle without a good reason. An officer cannot stop you just because he thinks you are suspicious, he must have what is called articulable suspicion under the law.
6. Stopping your vehicle because it stops in the middle of the street, or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you in these two cases.
7. Stopping you for weaving within a lane. The law only requires you to drive "as nearly as is practical" within a single lane. Even  one weave into the shoulder may not be not enough reason to pull you over.
8. Administering the Horizontal Gaze Nystagmus Test. This is a test where the officer holds up an object such as a pen, a flashlight, or his finger and has you follow its movement with your eyes. This test is no longer admissible under Massachusetts DWI law without expert medical testimony, and yet officers still perform it.
9. Administering the nine-step walk and turn test incorrectly. The test is supposed to be performed on a high, dry, level, non-slippery surface where the subject can walk on a visible straight line. Officers administer this incorrectly more often than correctly.
10. Administering the one-legged stand test incorrectly. It is supposed to be administered on a level smooth surface with adequate lighting. Individuals who are wearing heels more than 2" high should be given the opportunity to remove them. Officers also often fail to follow these guidelines.