Frank Fernandez, Esq. a criminal defense lawyer, has defended clients against charges of drunk driving for years. It is important to understand your rights before getting pulled over especially when the consequence of your actions can result at the very least in a long suspension of your driver's license for refusing to take the breathalyzer to incarceration if convicted of driving drunk.
Having been a former prosecutor attorney Fernandez is well aware of the best trial strategies in trying to overcome a failed breathalyzer test. He also works with private investigators who are former State Troopers and expert toxicologists to present the best case possible at trial.
License suspended for 8 years, a hardship for work or education considered in 2 years.
Attorney Frank Fernandez (617)393-0250
Question:
What are the police looking for on the road when it comes to drunk drivers?
Answer:
The National Highway Traffic Safety Administration (NHTSA) compiled a list of symptoms exhibited by drunk drivers
(1) Turning with a wide radius
(2) Straddling center of lane marker
(3) Appearing to be drunk
(4) Almost striking object or vehicle
(5) Weaving
(6) Driving on other than designated highway
(7) Swerving
(8) Speed more than 10 mph below limit
(9) Stopping without cause in traffic lane
(10) Following too closely
(11) Drifting
(12) Tires on center or lane marker
(13) Braking erratically
(14) Driving into opposing or crossing traffic
(15) Signaling inconsistent with driving actions
Question:
When an officer approaches me in my car, what is he looking for?
Answer:
The Massachusetts police academy teaches its cadets that symptoms of intoxication are:
1.Flushed face
2.Red, watery, glassy and/or bloodshot eyes
3.Odor of alcohol on breath
4.Slurred speech
5.Fumbling with wallet trying to get license
6.Failure to comprehend the officer's questions
7.Staggering when exiting your vehicle
8.Swaying/instability on feet
9.Leaning on car for support
10.Combative, argumentative, jovial or other "inappropriate" attitude
11.Soiled, rumpled, disorderly clothing
12.Stumbling while walking
13.Disorientation as to time and place
14.Inability to follow directions
Field Sobriety Tests
Question:
Should I take the Field Sobriety Tests?
Answer:
f you have been drinking and believe you would fail the tests based on a variety of factors including: shoes, lack of coordination, overweight, etc. Then it is best to politely refuse to take the tests.
By refusing you are giving the prosecutor less evidence to convict you. Always be polite act like a gentleman or lady and do not sway or use the car to gain your balance. To be able to argue to a jury or judge that my client acted politely, obeyed the officers commands at all times and did not lose his balance is a huge benefit in your defense at trial. You have no obligation to perform field sobriety tests, your refusal to perform these tests is inadmissible against you in courts of the Commonwealth of Massachusetts.
The tests are basically useless in detecting intoxication, they test balance and memory and ability to listen and perform physical tasks under a high pressure environment more than whether you are under the influence of alcohol. Being uncoordinated, overweight or having physical injuries/disabilities can easily cause someone to fail these tests. By refusing them the prosecutor can't argue that you failed them. Remember refuse them politely and request to speak with your attorney. If you are rude the Jury or Judge will be told exactly what you said or did which can be worse than failing any type of test.
National Highway Traffic Safety Administration (NHTSA). Teaches police "Standardized Field Sobriety Tests."? Police officer's vary in the manner in which they instruct suspects to perform them and how they interprets and/or grades the performances.
TYPES OF FIELD SOBRIETY TESTS
Heel-to-Toe or Walk-and-Turn
-One Leg Stand
-Horizontal Gaze Nystagmus
-Finger-to-Nose "Test"
Call me anytime, 24 hours a day for a free phone consultation about Massachusetts DUI laws and how they may apply to your case. I can answer any questions you may have. Call for a free consultation!
Attorney Frank Fernandez (617)393-0250
