Hi...Thanks for taking time to read my post. In May 2009, I got arrested for a DUI offense in Massachusetts and would like your opinion on it. I hired a great criminal defense attorney and my trial date is this week....but I am very nervous being that I have never been involved in any wrongdoings with the law and have worked hard to get where I have gotten in life.
Here is a copy/paste of the POLICE REPORT (so you can read what the Police stated with some things removed for my privacy)
May 2009, clear cool night1 around 03:15 am. I was on patrol on Rte 1 North a public highway in the state. I observed a Jeep stopped in the breakdown lane. I started to pull over to check on the vehicle when it started again, entering the travel lane in front of me. I was behind the vehicle traveling Rte 1 North. I could see something was wrong as the vehicle veered sharply into the far left travel lane, straddled the white markings on the highway traveling in both lanes, then swerved into the breakdown lane. I activated my blue lights and started to catch up to the vehicle I was a few car lengths behind at this point. The vehicle traveled the breakdown lane for about 100 yards then approached the Lawrence Street off-ramp at a high rate of speed. It nearly could not negotiate the turn traveling down the ramp. The vehicle then struck it’s two passenger side tires on the granite curb as it took a right off the exit. The vehicle finally came to a stop after I sounded my sirens.
I approached and asked the lone female driver for her license and registration. I could see that she has glassy eyes was acting lethargic. She began fumbling around her vehicle for her paperwork. She handed me the reg and was searching for her license in her pocketbook. I asked her if there was any problem with her driving, or if she had taken any medications and she stated she was just going home. She lives in NH, but could not explain why she was heading East on Lawrence Street. She also had a large GPS screen on her Dash to help her. I now could see she had heavily slurred speech. I asked if she had been drinking or using drugs and she stated no. I asked where she was coming from and she stated she was going home. I repeated the question and she stated “no-where”. At this time she was being very uncooperative.
I asked her if she would step from the vehicle to perform some field sobriety tests. She stated that she wanted to call her lawyer. I again asked her to turn off the vehicle and step out, but she refused. We went back and forth about 6 or 7 times. This was becoming a public safety issue in that I did not want her to start the vehicle and take off. I explained that if she did not step from the vehicle she would be placed under arrest. She refused so, with minimal force I escorted her from the driver seat of the vehicle16 and placed her in handcuffs. Officer David was present at this time. I double locked the cuffs and transported her to HQ where she was booked by officer Bone.
While escorting to and from my cruiser I had to hold her up as she would have lost her balance. She was very unsteady on her feet. In the booking area she was again uncooperative demanding that she be able to call her lawyer.
Inside the vehicle was the gps, her purse with some personal effects, and various clothing and personal items.
I charged her with disorderly conduct, oui alcohol and marked lanes violation.
***Truthfully, this is my story of what happened and I plan to go on stand at the trial and explain my side of the story to the jury. I would like you to carefully decide how you would decide my case as either guilty or not guilty.
****I spend the evening getting ready at my mother's house (where I also live) and did not consume ANY alcohol ... at approx. 1:15am I said goodbye to my mom and headed to Boston to Logan Airport. My boyfriend at the time told me he would be flying into Boston and landing at 2:15AM. Please be aware, my relationship was EXTREMELY mentally abusive with him always breaking up with me. When I got to the Airport and went in to pick him up at baggage claim his flight had arrived but he was NOT there. I spent 30 minutes trying to get him to pick up his cell phone when I called and looking around the airport terminal for him. BUT HE WAS NOT THERE! Finally at 3AM, I decided to leave Logan Airport and go back home. As I was leaving Boston I plugged into my GPS the address to go back home. My GPS is the type that has a suction cup to the windshield and has a large screen. Due to this time of year in New England, the weather is always changing temperature causing the suction to lose its grip if I activate the AC or Heat in my car. I was traveling Route 1 home and my GPS kept on losing its suction and falling off and I reapplied it many times to the dash but because I was driving at the time it was not getting a firm suction grip....As I was trying to manuever my driving and putting ht
Best answer:
Answer by Mr. Magoo
Your question has been cut off. If you refused a breathalyzer or other alchol consumption test, you are in deep doo doo, no matter how true your story might be. Good luck with that and stay away from NJ if you are really a drunk driver. We already have enough drunk drivers over here.
Know better? Leave your own answer in the comments!
Your question got cut off, but I can't imagine what explanation you could have for why your speech was slurred and why you appeared to be drunk. None of this stuff about your boyfriend explains that.
ReplyDeleteare you drunk now because you didn't finish your side of the story.
ReplyDeletesounds like you are paying a hefty fine (don't forget to pay the lawyer) and we will see you doing some community service.
learn the bus schedule and or ride the "t"
If you had nothing to hide, you should have explained the entire story to the officers and told them what was going on. They would have just performed a roadside sobriety test, which is easy enough. If you failed that, they would have taken you into custody and had a breathalyzer or blood test done at the station. But, since you didn't cooperate and follow direction, the court will likely find you guilty on the charges of misconduct and lane violations. What was failed to be mentioned was if they did a breath test or blood test or not. If they did fail to perform that, then you have a strong case to have the OVI charge dismissed. But rule #1, always follow the directions if you have nothing to hide!
ReplyDeleteGuilty - on the oui alone
ReplyDeleteMA - a judge may impose
$ 500.00 - $ 5000.00 fine
up to 21/2 years prison
license suspended 1 year
IMHO, the judge will be especially harsh on you because you have aggravating factors:
obviously intoxicated (unable to walk unsupported)
disorderly conduct
driving recklessly
uncooperative (refusal to follow the officer's instructions)
making excuses (lying to the officer)
I feel bad. Best thing to tell you get a really good DUI attorney who knows the laws. One attorney told me that you have the right to refuse the sobriety test. And actually you said the right thing, I want to speak with my attorney. This could be brought up in court and could possibly help your case. Burden of proof. I'm not attorney I've been thru the dui and now on my second. I too have been a good citizen all my life and never had trouble with the law. I believe my first dui should have a more helpful consequence they a depressive consequence. Where actually losing our rights as citizens of America. Police state. Much money is being made from DUI.. Alot of government officials/police/politicians and attorneys are benefiting from these laws. Note: when appearing in court in the lobby I noticed on the wall all proceedings for the day. Everyone out of the 20 to 25 proceedings were related to dui. Suspended licenses, second dui's etc. possibly there was one theft on the list. Whats that tell you if it weren't for the dui's in so called small New England community all those people in the court wouldn't get paid. 8 secretaries in the main lobby alone. Someone's got to pay for the pensions. The first dui definetly should have been punished differently. Possibly keep a visit with the CAB care every two months to make sure you remember not to drive and drink. Not put you in a depressive mode to continue to drink. Good luck like I say find a good DUI attorney who knows his stuff. Keep in mind you had the right to refuse Sobriety and the right not to get out of your car and to speak with attorney.
ReplyDelete