Commonwealth's Case At OUI Trial
At a Massachusetts OUI trial, the Commonwealth's case will typically proceed in the following manner:
- The Commonwealth will call the arresting officer; in many cases the arresting officer is the only witness called to testify.
- The Commonwealth may have a civilian witness who claims to have observed the driving that led to the motor vehicle stop.
- If a breathalyzer test was taken, the Commonwealth would have to call to the witness stand the officer that administer the test and the officer in charge of conducting the periodic testing of the machine pursuant to Massachusetts OUI law.
At trial, the police report does not come into evidence. The only evidence that is heard by the judge or jury is what the officer testifies to on the witness stand. As an experienced Massachusetts OUI lawyer, there are many cases where the testimony on the witness stand is drastically different from the police report. In some cases, the officer may leave out harmful facts that were written in the police report. If an officer adds information not in the report, through cross examination the officer's testimony can be impeached. It is important to remember that all police officers are different and when they are forced to testify in court and experienced OUI lawyer in Massachusetts can undermine the opinion that you were under the influence of alcohol.