After someone is arrested on a charge of drunk driving in Massachusetts, after the shock wears off, sometimes people get made and ask: Can I beat the charge?
I’m here to tell you that, yes, you can. I’ve taken hundreds of cases to trial, and won the majority of them. That doesn’t mean every case is a winner. There are no guarantees, and no lawyer can assure you a win. And there are certainly cases where the evidence is pretty bad and clients decide fighting the charge isn’t worth the risk.
But for the cases I end up taking to trial before a judge or jury, my experience and record shows that I beat the cases more than 2/3s of the time.
Reasons to Fight Your OUI in Court
There are all kinds of reasons why we can win a drunk driving case, and I’d be happy to talk specific strategies about your case as part of a free consultation. But here are my top reasons why we take the case to trial, and win.
Police Mistakes
The police can make all kinds of different mistakes when they arrest you, and any of them is enough for reasonable doubt to find you not guilty.
- Did they have a legitimate reason to pull you over? If not, the case could be thrown out before a trial even starts.
- Did the officer follow all the proper procedures? From how any field sobriety tests were performed to all off the steps at the police station, if the officer didn’t follow the rules or his training, it cast serious doubt on the evidence.
- What’s in the police report? What they write, and what they don’t write can often be telling, and we can challenge the assertions made, and the consistency with the facts.
Tests Not Fair
In many cases, the tests they use to say you were drunk are simply not fair. The field sobriety test are essentially un-passable for many people, even if you didn’t have a sip of alcohol.
If you are have balance and coordination problems for medical reasons, have bad feet, bad knees, or a bad back, are overweight, or are simply over 65, you are not an appropriate candidate for these field sobriety tests, and any results should be challenged in court.
Not That Much Risk
For many people, taking a shot at fighting the case isn’t that big a risk, and is worth a lot to them if they win, and ultimately have no record or penalties.
If you can get along without a driver’s license for the duration of you case, you can take a shot at beating the charge. And the worst case (you lose) for most people isn’t really any worse than if you had taking a plea at the beginning. The penalties for a first offense conviction are often the same. So, why not take a crack and having no penalty whatsoever, if you win?
Wondering What to Do? Call Me for a Free Consultation.
If you can’t decide if you want to fight your case or not, call me and I’ll walk you through your options, and tell you exactly what I think your chances are to win your case outright, and walk away with a not guilty charge.
There’s no obligation for the case evaluation. Give me a call now!
Sincerely,
Attorney Russell Matson
