Today is probably not one of Tracey Francia’s better days. Just after midnight he was returning to his home in Chelmsford, Massachusetts when his car struck Methuen Police Officer John Earnshaw’s cruiser. Fortunately Earnshaw was not injured however it was reported that Francia was admitted to the Holy Family Hospital. The accident occurred in the area of routes 495 South and 213 in a construction zone. Reports indicate that Francia failed a field sobriety test. Francia has been charge with OUI Second Offense, Driving with a Suspended License and other crimes. The case will be prosecuted in the Lawrence District Court.
One thing that strikes me as concerning about this article is how the police were able to properly administer field sobriety tests to someone who was injured to the point where hospitalization was necessary. What exactly were Francia’s injuries? If they involved his head or legs the results of the field sobriety tests were likely compromised. Typically field sobriety tests check physical or cognitive skills, or both. Certain injuries, particularly those that require a hospital visit might well effect one’s ability to adequately perform those tests. The admissibility of these tests will be an interesting issue in this case.
If you have been charged with OUI in Massachusetts call the Law Offices of Stephen Neyman now to discuss your case. We have been defending all criminal cases in Massachusetts and throughout the country for over twenty years. We can be reached anytime at 617-263-6800 or online.