Call (781)380-7730 anytime or contact us for a free consultation on your OUI charge.

Massachusetts Drunk Driving Laws & Penalties

2nd Offense Drunk Driving Laws & Penalties What should I do if I've been charged with a second offense?

14 Reasons to Fight Your DUI in Court

OUI Case Wins Here is a list of cases just like yours and what happened. Not Guilty results and dismissals.

DUI Cases - Frequently Asked Questions

What will it cost to hire you? How I charge for OUI defense.

Why Hire Russell Matson? Training. Experience. Results.

10 Mistakes People Make in their DUI Cases

9 Reasons Why You Can Fail Field Sobriety Tests - Without Being Drunk! Field Sobriety Tests are often set up for you to fail. Here are 9 absolutely legitimate reasons why.

Top 9 Lawyers Mistakes in Defending DUI Charges (and how to avoid them)

10 Common Police Mistakes in DUI Arrests

3 Reasons Why Some People Plead Guilty

What happens in an OUI court case? What is the arraignment, the pretrial, and other court dates?

Ten Mistakes That Police Make In MA DWI Cases

  These are ten errors that police officers make which can strengthen your Massachusetts DWI defense.

1. Stopping a vehicle on the basis of an anonymous call.

An officer cannot rely on a phone call to stop you without having the caller's name and address. If the officer didn't see you drive the vehicle in a suspicious or dangerous way himself, the witness may have to show up and testify to what they saw.

2. Basing an arrest solely on your own statements.

If the officer never saw you drive the car, the prosecutor may not be able to prove that you did. It doesn't matter what you may have said. It is not a crime to be drunk and to claim to have driven while drunk. The state must prove, by witness testimony, that you were operating a motor vehicle while impaired (DWI).

3. Pulling you over without probable cause to stop your vehicle.

An officer must be able to explain why he stopped you, and it must be a legitimate reason. He must be able to articulate what he suspected you to be doing illegally while driving. This is also known as "articulable suspicion".

I had a client who was pulled over for what the police officer believed were illegal headlights on the car. We proved that the headlights were perfectly legal, and installed by the dealer. The judge dismissed the case.

4. Stopping your vehicle because it stops in the middle of the street or it is driving too slow.

Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you in these two cases. If the officer simply claims you were driving too slowly without a posted minimum speed, the stop is not legitimate, and the case should be dismissed.

5. Stopping you for weaving within a lane.

The statute only requires you to drive as nearly as is practical within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.

6. Administering the Horizontal Gaze Nystagmus Test.

This is a test where the officer holds up an object such as a pen, a flashlight, or his finger and has you follow its movement with your eyes. The Horizontal Gaze Nystagmus (HGN) test has not been admissible for years under Massachusetts DWI law. The law states that the state must provide expert medical testimony to establish a scientific basis for the test (which the prosecutor is nearly always unable to do). But officers still perform it, especially those who had their academy DWI training decades ago.

7. Administering the nine-step walk and turn test incorrectly.

According to the officer's training manual and National Highway and Traffic Safety Administration (NHTSA) standards, the test is supposed to be performed on a "high, dry, level, non-slippery surface where the subject can walk on a visible straight line". In Massachusetts, officers administer this incorrectly more often than correctly.

Frequently these conditions aren't immediately available at the site of the stop.  I've won cases because the officer gave the test on a sloped surface (I documented with photos when I visit the scene) and when the officer tells the defendant to walk an invisible line. If the line was invisible, how does the officer know that the person didn't stay on the "line"?

8. Administering the one-legged stand test incorrectly.

According to the officer's DWI training manual and NHTSA standards, the one-legged stand test is supposed to be administered on a level smooth surface with adequate lighting. Individuals who are wearing heels more than 2" high should be given the opportunity to remove them. I will also review the grounds and circumstances in a visit to the scene. Massachusetts Officers also often fail to follow these guidelines, and I'll be sure to bring that up in court during cross-examination.

9. Administering Field Sobriety tests to someone who is not a candidate to take these tests.

The officer's training manual states that someone with specific medical conditions, such as back or foot problems should not take the test.

I've had a few clients who fit into this category. I bring in medical records and document the condition. If this is the foundation for the arrest, then we'll almost always get a not guilty.

10. Administering the wrong field sobriety tests, or administering them incorrectly.

According to the officers training manual, the alphabet test is a pre-screening test, to be used before the defendant exits the vehicle. I've also had clients given unofficial or unscientific tests, such as counting backwards, and the jury has come back with a not guilty.

If an officer has made any of these mistakes in your case, I will be certain to use this information in court, either in a motion to suppress the evidence hearing, or at trial under cross-examination of the officer. These are only a few examples of mistakes that can work in your favor. When we talk, we can discuss other mistakes the police may have made in your case.

Call me anytime for a free consultation on the specifics of your case at (781) 380-7730. I'll give you some free advice, and you have nothing to lose by calling.

Russell Matson, Massachusetts DWI Attorney
(781) 380-7730

BACK TO MASSACHUSETTS DWI LAWYER DEFENSE LAW INFORMATION