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Lynn Drunk Driving Lawyers

1. Wayne, Judith: Improper police stops Police cannot generally pull you over unless they have a valid reason for the stop. If you were stopped for an illegal reason, all evidence gained after the stop (including the field sobriety test and the Breathalyzer test results) can be suppressed. Challenging the validity of sobriety tests Certain field sobriety tests, including the horizontal gaze nystagmus test, can be challenged in court. In the horizontal gaze nystagmus test, the police officer uses a pen to track eye movements. However, most officers who conduct this test are not considered experts, and can incorrectly administer the test. I have won several cases based on the cross-examination of officers who have misused the horizontal gaze nystagmus test. Breathalyzer test results can also be challenged if there are technical problems with the machine or if the officer was not properly trained in its operation.
2. Sweeney, Jeffrey: If you were pulled over for drinking and driving, you may have several questions about what happens next. Whether you had a couple drinks at happy hour or left a college party after a few beers, if you got behind the wheel, you could be facing serious consequences. In Massachusetts, the penalties for operating under the influence (OUI) or driving while intoxicated (DWI) can be serious. You need to work with an experienced lawyer to protect your rights. Civil and Criminal Consequences of Drunk Driving Pleading guilty or being convicted of operating under the influence can have far-reaching implications. Since implemented in 2008, Melanie's Law has increased the penalties for drivers who are charged with an OUI/DUI. Among possible consequences, a few are: * License suspensio * Criminal charges: OUI charges often carry heavy fines and jail time.
3. Mancini & Associates:
   1. Attack the validity of the initial stop by the officer. Was there a valid reason why the officer pulled the driver over? If not, the whole subsequent arrest may be thrown out.
   2. Point out that the driver was NOT operating on a public way or other place in which the public had access with motor vehicles.  Remember, operating on a public way or a place where the public has motor vehicle access is essential in the Commonwealth’s proof of its case.
   3. Illustrate that the driver wasn’t speeding or disobeying traffic signals and was otherwise operating reasonably and safely.  Often times, a person is driving completely reasonably is pulled over for equipment failure, such as a blown headlight. If the driver then has consumed alcoholic beverages, he or she may still not be "impaired" under the law.
   4. Demonstrate that the driver did not fail the "field sobriety tests".  This can be done in a variety of ways depending upon the test. After all, whether the driver passes or fails is a matter of opinion of the police officer(s) involved.
   5. Attack the validity of the "breathalyzer/blood alcohol test".  Simply because one tests at .08 or higher does not mean that the test result was accurate. There are many ways do this and too many to list here.  Some defenses involve the use of "experts" to testify as to the lack of validity of the breath/blood tests.  However,  each case is different.
   6. In some cases, It may be shown that the driver was not technically "operating" the vehicle at the time.  For instance, sitting in the passenger seat asleep with no keys in the ignition may not be "operation" depending on other circumstances.