Lyndsey Bessette, 27, of Dighton, was arrested in Rehoboth and charged with Massachusetts Drunk Driving Crimes for allegedly driving recklessly with her infant daughter in the backseat. Bessette was arraigned this past Thursday on charge of 2nd Offense Operating a Motor Vehicle While Under the Influence of Alcohol, Reckless Driving, and Reckless Endangerment of a Child.
According to the Rehoboth Police Department, a passing motorist called 911 to report that white SUV was driving erratically. When Rehoboth police officers located and pulled Bessette's SUV over, she allegedly told the officer she ad "too much" to drunk. She was immediately placed under arrest and her infant child, whom she had in the backseat, was taken to the police station until she was later picked up by Bessette's family.
Following her arraignment in the Taunton District Court, Bessette was released after posting $5,000 cash bail.
Given what has been reported, most people would assume that Lyndsey Bessette has absolutely no defense. However, based on the available details of this case, the only real damaging information against her appears to be the call from the concerned motorist and her alleged statement that she had "too much."
In my experience, however, when police officers memorialize what people allegedly stated, more often than not those statements are grossly taken out of context. In a vast majority of my cases, my own clients are often stunned to find out what the officers claim they allegedly said - and almost always, deny ever having said what is claimed.
Additionally, it's not clear whether there were any other factors suggesting that Bessette was 'intoxicated to a degree that impaired her ability to operate her motor vehicle safely.' 'Erratic operation', for instance, is but one of several factors to take into consideration; and there could be many explanations for the alleged 'erratic operation', particularly where the officers do not claim they observed a 'strong odor of alcohol'; that she was 'unsteady on her feet'; or exhibited 'slurred speech.'
The point, at the end of the day, is that a great many DUI / Drunk Driving Crimes are very beatable, despite how hopeless they may appear at first glance...
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