True field sobriety tests are commonly referred to as divided attention tests. Their purpose is to see whether or not you can pay attention to some very basic rules while performing a simple physical task. If you have no physical limitations the tests assume that you can follow the directions…
Just about every OUI case that we handle in some way implicates the field sobriety tests. Most people know a little bit about these tests. Or, at least they think they do. Sometimes you see these being administered on the side of the road. Other times your friends who have…
Today, in the case of Commonwealth v. Gibson, 11-P-1107, the Massachusetts Appeals Court reversed an OUI conviction. The Court in Gibson reported the following facts: In February of 2010, the defendant went to a couple of Super Bowl parties to watch the New Orleans play the Colts. In total Gibson…
On June 23, 2011, the United States Supreme Court decided Bullcoming v. New Mexico, a case which shores up our constitutional safeguards and which will have important implications in Massachusetts OUI/DUI/DWI/drunk driving cases. The facts, which were summarized in a previous blog post, were as follows: In 2005, Donald Bullcoming…
Shayna Fernandez admitted to drinking her last beer as late as 4:30 in the morning this past Saturday. Just over two hours later she was involved in an accident on Route 93 in Andover. As a result of that accident two people died and one was injured. According to reports…
It’s no secret that police often write OUI police reports generically, using a laundry list of common OUI symptoms relating to physical appearance, driving, and field sobriety testing. Sometimes these reports are essentially templates in which a select few facts are unique to the defendant. The fictional on-size-fits-all OUI suspect…
A recent article about a drunk driver found in Brookline caught my eye as a Massachusetts OUI criminal defense attorney. Wicked Local Brookline reported Nov. 15 about the arrest of Jason Andrew Jeffrey, 32, for drunk driving. Jeffrey was arrested after he narrowly avoided crashing into a Brookline police officer…
Police officers rely heavily on field sobriety tests when they suspect a driver of being intoxicated. Unfortunately, as a Massachusetts drunk driving defense attorney, I know that there are serious problems with these tests, and I use those problems as an element of my clients’ defense whenever appropriate. The appeal…
In recent months, there have been a number of reports warning the public not to consume caffeinated energy drinks with alcohol, like Red Bull with vodka. For example, this study reported on a CNN blog June 8 showed that student athletes were more likely to binge-drink if they mixed the…
The holidays are upon us — and with them come a lot of parties and family gatherings that offer opportunities to drink. Police agencies are very aware of drunk driving during the holidays, and they tend to step up their enforcement efforts on the days they believe people are most…