Salem, Massachusetts police received a call concerning an accident in a yard of a residential neighborhood. When they responded they found Luis Francis, 26 of Lynn, Massachusetts in his truck stopped in the middle of the road. Concerned about the strong odor of alcohol coming from Francis the police asked him to perform some field sobriety tests. He agreed. This was a mistake. Francis failed. Then Francis was taken to the police station where he was asked to take a breathalyzer test. Francis made another mistake by agreeing to take this test. Once again he failed and registered a .27. This is almost three and one half times the legal limit. Further investigation revealed that Francis drove his car across a lawn and had crashed into a rock causing enough damage to his pickup truck that the airbags deployed. He was charged with OUI in the Salem District Court,.
In Massachusetts if you refuse to take field sobriety tests and/or a breathalyzer test, the fact that you refused cannot be used as evidence at your trial. In other words, a jury never hears that you refused to take these tests. In a case such as this one, the fact that the defendant failed the tests does become evidence that can be used against him at trial. Here, the evidence is extremely damaging, making this case very difficult for Francis to win.
OUI cases are defended routinely by our office. Attorney Stephen Neyman has a great track record defending drunk driving charges in Massachusetts. If you have been charged with DUI in Masschusetts call our office now at 617-263-6800 or contact us online.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.