Best OUI Defense in Massachusetts: DelSignore Law’s methods to winning OUI cases
At DelSignore Law, Attorney DelSignore takes pride in coming up with the best methods to defend a Massachusetts OUI charge.
Attorney DelSignore does not believe that field sobriety tests accurately reflect whether someone is under the influence of alcohol.
With over twenty years defending OUI cases throughout Massachusetts, Attorney DelSignore has seen the following errors when officers conduct field sobriety tests:
Methods to undermine Field Sobriety Tests used by DelSignore Law- Officer facing to provide proper instructions on the field sobriety tests;
- Continuing to provide instructions during the test
- Back up officers not giving you the room to perform the exercise, being too close to you;
- Giving the instructions too fast
- Having high heel or no shoes on that make it more difficult to perform the exercise
- Having a medical condition that impacts your performance on the test
- Failure of the officer to score the test correctly
Attorney DelSignore has handled OUI trials throughout Massachusetts and has seen these and other errors on field sobriety tests; when you are in court, the Commonwealth has the burden to prove the case against you beyond a reasonable doubt; that is the highest degree of certainty in the matter of human of affairs. This requires the Commonwealth to prove that you were impaired to the highest degree of certainty; so when you go over your report with Attorney DelSignore and get his insight on how you did on your field sobriety tests, Attorney DelSignore will in many cases tell you that the field sobriety tests do not show impairment or prove the case against you in court.
Since proof beyond a reasonable doubt is such a high standard, the Commonwealth needs major observations on the field sobriety tests to show impairment.
DelSignore Law’s approach to winning Breath Test cases
Breath test evidence in Massachusetts is not always admissible in Court. Attorney DelSignore routinely contests cases with failed breath test results; you can read about his successful results on these cases throughout this website.
Here are some of the common methods Attorney DelSignore uses to win breath test cases in Court:- Show that the officer did not follow the proper procedures in administering the test to you;
- Undermining the reliability of the machine by challenging the admissibility of breath test records in court;
- Helping the jury to understand the false assumption the machine makes to arrive at the results
- Attacks the mathematical equation that converts your breath alcohol reading to a blood alcohol reading called the partition ration.
- Showing that you may have had a medical condition like asthma or acid reflux that undermines the test results.
- Pointing out that other evidence in the case contradicts the breath test results as b being above .08.
To be found not guilty on a Massachusetts OUI case, it is best to undermine any claims of erratic driving; when possible try to minimize claims of unsafe or erratic driving. At DelSignore Law, we center your defense on the strongest aspect of the case to show reasonable doubt. When someone is drunk or under the influence the signs of impairment, should be consistent throughout the case and should not come and go. You know this from your common experience. If someone is drunk, they would consistently show the same signs. In an OUI case in Massachusetts, there are generally 4 stages to the case.
- The driving
- The initial interaction with the officer;
- Field sobriety tests
- Booking process
Often, the time at the scene is very quick compared to the long period of time you will spend with the officer during booking process. In many cases, the officer will not have many signs of impairment during booking. Typically you are standing and answering questions. This is a good opportunity to compare the booking process with the field sobriety tests; if your balance was so impairment by alcohol during the field sobriety tests, an officer should see those signs displayed during booking. Attorney DelSignore approach is to find the weakness in the Commonwealth case and to display it clearly to a judge to jury as a sign of reasonable doubt. The Commonwealth has a very high burden to prove an OUI against you in Court, so you do not have to attack every aspect of the case to be found not guilty. Attorney DelSignore will share his approach that has helped countless clients over his 20 years of defending OUI cases in Massachusetts.
You can call or text him anytime at 781-686-5924.