DEFENSE #1 -- Weaving Within Your Own Lane Doesn't Justify a OUI/DUI Stop. Think about it, if you're driving within the confines of your own lines, you really haven't done anything wrong! Even if your tires briefly touch another lane divider, if you hadn't gone a substantial distance, a stop may not be justified, and your entire case may be dismissed.
DEFENSE #2 -- Alcohol On Your Breath Does NOT Mean "Under the Influence." Pre-written reports have come under strict scrutiny by the general public and legal community. While an officer may explain smelling "a strong odor of alcohol on the driver's breath," the officer may look rather foolish on cross-examination when asked what the specific odor was, because alcohol itself has no odor!
DEFENSE #3 -- Mass. regulations require officers to watch an OUI/DUI suspect continuously for 15-20 minutes prior to administering Breath Tests. This is to make sure the driver doesn't put anything in thier mouth that would confuse test results.
Start Attacking the Tests...
DEFENSE #4 -- Improperly Conducted Field Sobriety Tests. Even if you failed (in the police officer's own, subjective opinion) the tests, there may have been unfair test conditions such as tests occurring on uneven surfaces, the distraction of flashing lights, the test area being too dark, unsuitable footwear, or your nervousness associated with the arrest.
DEFENSE #5 -- Police Have No "Special Ability" To Judge Intoxication Levels. The District Attorney may testify that officers have a special ability to judge intoxication levels, but in a recent test Rutgers University found that they judged levels of intoxication no more than 25 percent of the time.
Question the Proper Police Procedure
DEFENSE #6 -- Police Officer's Poorly Written Police Report. Our DUI Defense Attorneys believe it to be necessary to emphasize an officer's predisposition to believe our client to be drunk early-on in the stop and arrest process. We'll question the officer on their incriminating observations such as alcoholic breath, slurred speech, or bloodshot eyes.
DEFENSE #7 -- No Sign of Mental Impairment Present. Police Officers are taught how driving is a complex task that involves a number of subtasks, many of which occur simultaneously. These tasks include steering, controlling the accelerator, signaling, controlling the brake pedal, etc. Referred to as "divided attention," an impaired driver is less able to concentrate on two or more things at the same time. Accordingly, officers often ask interrupting or distracting questions in order to search for evidence of impairment. Emphasize to the Judge and jury all of the divided attention tasks for which you passed.
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