Did you know that actor Jeffrey Donovan is from Amesbury, Massachusetts? Well his is and just recently he was arrested and charged with OUI in Miami. Apparently Donovan almost hit a police car. To avoid doing so he swerved and screeched his tires. Donovan admitted to “not seeing the red light”. Nor for that matter did he see the police car. Donovan failed the field sobriety tests but admitted to having only three glasses of wine, and of course some Benadryl. He admitted to being “borderline drunk”.
Here is the problem with admitting to being “borderline drunk” in Massachusetts. Drunk Driving Laws in Massachusetts do not require the suspect to be drunk to get convicted. The legal standard operates on the phrase “under the influence”. The model jury instruction in Massachusetts states that you do not have to be drunk to be under the influence of alcohol. Rather, a person is under the influence of alcohol if he has consumed enough alcohol to reduce his ability to operate a motor vehicle safely. That determination is for the jury to make. So, three glasses of wine and erratic operation are not necessarily indicative of operating under the influence. The other factors such as failed field sobriety tests and smelling of alcohol help the prosecution. However, most damaging is Donovan’s admission that he was borderline drunk.
If you have been arrested for OUI in Massachusetts call the Law Offices of Stephen Neyman now. We can be reached at 617-263-6800 or you can contact us online. We have been defending Drunk Driving Cases in Massachusetts successfully for over twenty years.