Having a drunk driving accusation leveled against you by Massachusetts law enforcement can be a terrifying experience. You find yourself handcuffed, in a police cruiser and headed to the station. Thoughts about losing your license, job and maybe even going to jail race through your mind. However, just because you are charged with operating under the influence does not mean the state will secure a conviction. That’s why it’s important to get the help of an experienced lawyer. Attorney Nitin Dalal has been working in the Massachusetts criminal court system for more than two decades.
Challenging the Traffic Stop
The police are required to have a lawful reason to conduct any traffic stop. The high number of unlawful or unconstitutional traffic stops may surprise you. In their zeal to do their duty, officers sometimes pull people over because they are out late at night and unfamiliar to an area or neighborhood. They start sizing you up after they’ve stopped you. The law simply doesn’t work that way. If a police officer makes an unlawful stop, the entire process is tainted and the case may be thrown out.
Challenging the Drunk Driving “Evidence”
Police cams are a major part of law enforcement these days. These videos can also be a defendant’s best friend. During a traffic stop officers generally administer a field sobriety test. They may ask you to walk a straight line heel-to-toe or touch your nose with your eyes closed. This is used as a measure of whether or not you are intoxicated and serves as the basis for an arrest.
These videos may show a very different picture than an officer’s testimony. If you passed the field sobriety test on film, a judge or jury may be convinced the police did not have probable cause to handcuff you and bring you to the station for a breathalyzer.
Standard breathalyzer tests are designed to measure blood alcohol content. As science goes, they are not necessarily an exact science and can give false readings in a number of ways. These include:
- Improper Application by Police
- Physiological Anomalies such as Acid Reflux, Heartburn or GERD
- Technical Error or Malfunctions
- Alcohol-Soaked Food Trapped in Dental Work such as Braces
- Regurgitation During Test
- Medical Conditions such as Diabetes
- Low Carb Diets such as Atkins
- Rising Blood Alcohol Content Issues
By carefully examining each piece of the state’s drunk driving accusation against you, it may not hold up in court.
At the Law Office of Nitin Dalal, we believe an experienced attorney is your best defense.