When investigating a person for suspected of operating under the influence of alcohol, Massachusetts Drunk Driving Laws require that a test of the suspect’s breath or blood to determine blood alcohol content must be done with the person’s consent in order for the results to be admissible at a defendant’s trial. Continue Reading ›
In a recent unpublished decision, the Massachusetts Appeals Court reversed the conviction of a man who was found guilty of Operating Under the Influence of Alcohol because his lawyer failed to introduce to the jury evidence that he had an attention deficit disorder and a learning disability. The Appeals Court agreed that his lawyer failing to introduce this evidence in his defense prejudiced him at trial, as the evidence would have explained to the jury why the defendant was not able to satisfactorily perform field sobriety tests when he was pulled over.
At trial, the Massachusetts State Police Trooper testified that after he pulled the defendant over for speeding at 94 miles per hour, he administered several field sobriety tests, and that the defendant failed them all. As a result, the trooper concluded that he was operating while under the influence of alcohol and placed him under arrest. The defendant also submitted to a breathalyzer test which yielded a reading of 0.06%.