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Lynn Drunk Driving Lawyers

• 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.