<![CDATA[Criminal Law - Dudley Goar, Attorney at Law]]> https://www.goar-law.com/ Mon, 14 Oct 2024 06:11:09 GMT en-us <![CDATA[Driving Behavior Can Be Caused by Many Factors Unrelated to Alcohol]]> https://www.goar-law.com/blog/driving-behavior-can-be-caused-by-many-factors-unrelated-to-alcohol/ https://www.goar-law.com/blog/driving-behavior-can-be-caused-by-many-factors-unrelated-to-alcohol/ Sun, 03 Mar 2024 22:53:59 GMT Police officers are often required to make difficult decisions with incomplete information when they arrest someone for OUI. When they pull over a driver and have a suspicion that the driver may have consumed alcohol, they need to determine whether there is probable cause that the driver is “under the influence” (OUI) in a legal…

]]> Police officers are often required to make difficult decisions with incomplete information when they arrest someone for OUI. When they pull over a driver and have a suspicion that the driver may have consumed alcohol, they need to determine whether there is probable cause that the driver is “under the influence” (OUI) in a legal sense, meaning that their ability to operate a motor vehicle safely is reduced due to alcohol. Doing this at road side can be challenging and, frankly, it is not uncommon for them to get it wrong. Behavior that the police attribute to alcohol may well be due to some other factor. A recent article in the New York Times about a driver that was arrested for drunk driving but in fact was experiencing a serious medical episode unrelated to alcohol illustrates this point. Another example is an OUI case I recently tried in which the officer attributed my client’s driving to alcohol impairment when it was likely due to her inability to see well at night. She told him that she needed glasses, but he never asked her about whether that fact was related to her driving. I have also had numerous OUI cases in which my client simply did not understand what the officer was telling him because of limited English language skills. It is difficult or even impossible for someone who does not understand instructions about how to properly perform field sobriety tests to perform the tests correctly.

All of which goes to show that the officer’s decision to arrest someone for drunk driving is often the result of incomplete information and a rush to judgment. Ultimately, it is not the officer’s decision that counts but the jury’s decision at a trial. Therefore, if you have been charged with drunk driving it is critical that you consult an experienced attorney. A qualified OUI attorney will assess all of the relevant facts, including those that were never known or considered by the police officer who arrested you, and will let you know whether it makes sense to take your case to trial.

]]> <![CDATA[Police Body Cameras Are Game Changer for OUI Cases]]> https://www.goar-law.com/blog/police-body-cameras-are-game-changer-for-oui-cases/ https://www.goar-law.com/blog/police-body-cameras-are-game-changer-for-oui-cases/ Sat, 24 Feb 2024 21:49:23 GMT Police departments in Concord, Massachusetts and several nearby towns now use body cameras and dashboard mounted cameras to record interactions with motorists. This represents an extremely important development in the way that OUI cases are handled by prosecutors and defense attorneys. Previously, OUI defendants were stuck with the police officer’s account of the interaction in…

]]> Police departments in Concord, Massachusetts and several nearby towns now use body cameras and dashboard mounted cameras to record interactions with motorists. This represents an extremely important development in the way that OUI cases are handled by prosecutors and defense attorneys. Previously, OUI defendants were stuck with the police officer’s account of the interaction in the police report. With video and audio of these interactions now being routinely recorded and produced to defense counsel, the jury and judge can see for themselves how the defendant behaved, and do not have to rely on the police officer’s memory as reflected in the police report. Any differences between the police report and the video may call into question the accuracy of the officer’s testimony at trial. I recently tried an OUI case in the Concord District Court in which I thought the dash and body camera videos demonstrated my client’s sobriety. The evidence at trial consisted mostly of playing the body camera footage for the judge. The judge agreed with me and found my client not guilty.

The increasingly availability of such video is a “double edged sword,” because it can also provide powerful incriminating evidence against intoxicated drivers. In addition, numerous complications can arise in the use of video, including: difficulties with utilizing the video software used by a particular police department (police departments often use different camera technology and computer software to play back the video); police officers failing to point their body cameras at the defendant (or part of the defendant) at a crucial time; and poor quality audio or video. These challenges aside, this technology seems to be here to stay and is rapidly improving. Overall, I believe it will result in fairer outcomes for OUI cases.

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