Pulled Over on an OUI in Massachusetts?
Know what police are looking for to arrest you for Drunk Driving.
When police receive their training
for OUI in Massachusetts, they are taught a number of techniques in order to
detect and arrest people operating under the influence of alcohol.
In an OUI trial, I will use the very facts of the officers training against
them to help establish your innocence. I've been trained in the exact techniques
that the police use in determining impairment and intoxication. I am even a
certified instructor in police field sobriety tests.
You see, the police are trained to look for a few distinct signs that they
can note in their police reports. But it is easy for them to miss the evidence
that does not support the conclusion that you are drunk.
This isn't necessarily bad faith on the part of the police officer, although
that does happen. Mostly, I believe it is human nature for them to ignore or
de-emphasize facts that don't agree with the opinion if they've already decided
to arrest you.
That's understandable, but it is unacceptable in a system where you are
innocent until proven guilty beyond a reasonable doubt.
So, if you did not display most of these signs of alcohol impairment, I'll point out of all the
things you did do well, and which do not indicate intoxication. This can be is a
powerful argument to point out to a judge or jury. If 90% of the signs of
intoxication that were NOT present in your case, how can a grade of 90% be a
failure?
Signs Police Look For in Impaired Drivers
Once they decide to pull someone over for a traffic infraction, they look
for:
- an attempt to flee
- no response
- slow response
- an abrupt swerve a sudden stop and,
- striking the curb or other object
Once the police get face to face with the driver they are taught interview
techniques. They are trained to:
- Ask interrupting and distracting questions
- Ask unusual questions
- Look to see if you forget to produce license and registration
Some other things they consider clues of intoxication are:
- fumbling
- unable to produce document with fingertips
- an odor of alcohol
- bloodshot or glassy eyes
- slurred speech
When someone is exiting the car, referred to by the police as the "Exit
Sequence", police look for someone who:
- Shows angry or unusual reactions
- cannot follow instructions
- cannot open the door
- leaves the vehicle in gear
- climbs out of vehicle
- leans against vehicle
- keeps hands on vehicle for balance
I always challenge the exact training and administration of
Field Sobriety Tests, in which police frequently make
mistakes against their training! They are their rules, so I make sure
they have to live with them.
If you were pulled over and arrested for drunk driving in Massachusetts,
please call me to find out how I can defend you.
Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
|
