Just before 8:00 a.m. last Monday a cell phone caller reported seeing a woman was operating erratically. A Medfield, Massachusetts police officer spotted the car and attempted to pull it over. The officer succeeded in stopping the vehicle. He smelled alcohol on the driver and asked her to perform field sobriety tests. The woman became upset and started yelling and swearing at the officer. An eyewitness saw the officer open the suspect’s car door and attempt to get her out of the car. The woman pushed the officer’s hand away, slammed her car door and sped away quickly. The driver, a fifty one year old Brookline, Massachusetts woman then ran a couple of red lights and weaved in and out of cars before crashing into a utility pole. The driver was airlifted to a Boston hospital. As of the date of this article no charges had been filed against the woman. Possible charges could be failing to stop for a police officer, driving to endanger and DUI.
Whenever someone is taken to the hospital as a result of a motor vehicle accident there stands a good chance the medical personnel will take blood from the patient. A toxicology screen will likely follow and the blood sample will be tested for alcohol. I would guess that the district attorney and police are waiting for these results before finalizing the criminal charges they intend to file against this woman. If the results are negative or substantially below a .08 then no OUI charge will issue. The toxicology screen will also look into the presence of drugs, prescription or otherwise. If the test is positive for certain drugs then charges of OUI drugs might issue. Unlike alcohol however, the presence of drugs in blood samples as not as determinative a factor for establishing impairment. Many drugs remain in the system long after their effects have worn off. When we represent clients for OUI drug cases we usually engage a toxicologist to educate a judge or jury on the effects of the drug, whether it impairs motor vehicle operation and whether or not the effects of the drug might have worn off prior to our client’s operation of the motor vehicle.
The Law Offices of Stephen Neyman has handled hundreds of OUI cases in Massachusetts and other states over the past two decades. If you have been charged with Drunk Driving in Massachusetts call our office at 617-263-6800 or contact us online.