Massachusetts Driving Laws

Driving laws and celebrities.

I have a blog about Massachusetts Driving Law (as you know if you are reading this), and it is not very often that there are celebrities involved in driving related issues in Massachusetts. 

This past week in Gloucester, Massachusetts Sandra Bullock and Jesse James were involved in a car accident with an alleged drunk driver.  Sandra and Jesse are at the other end of the celebrity drunk driving spectrum, they are allegedly victims of a drunk driver. Luckily no one was injured in the accident. 

Boston.com reported on April 20, 2008 that Lucile Gatchell of Gloucester, swerved and hit the vehicle that was carrying Sandra Bullock and her husband.  According to Matt Viser, of the Boston Globe, Ms. Gatchell took a breathalyzer, and it came back a .20 (.08 is the per se legal limit in Massachusetts), she also was overheard stating "My first drunk driving incident and I hit Sandra Bullock."

According to the reports, Ms. Gatchell has no prior history of drunk driving, therefore she will be eligible for the first offenders program. Ms. Gatchell made a few mistakes (in my opinion) after the accident, first she took a breathalyzer, and second, she made a statement "My first drunk driving accident." Of course I do not have all of the details, and there may be some suppression issues so the statements and/or the breathlyzer may not be admitted as evidence in court in the event that there is a trial.  Perhaps she can try the "I was in shock because I hit a famous person", defense. 

Check out Boston Channel for a video of the arraignment.  Also for more stories related to the accident you can check out:

Driver charged in crash with actor, by Matt Viser, Globe Staff

Bullock crash draws worldwide attention, by Richard Gaines, Gloucester Daily Times

There are some great celebrity blogs, that regularly report on celebrities, one I like (because it combines celebrities and drunk driving) is Popsquire. 

One Legged Stand - Field Sobriety Test

A popular field sobriety test (that in Massachusetts you don't have to take), is the One Legged Stand.  In this test, someone who has been pulled over, (maybe you, maybe someone you care about) and is asked to stand on a level surface.  Hopefully a level surface exists.  You can ask to take your shoes off if you want (but the simple act of taking off your shoes allows for even more observation by the police officer).  So you could be standing in heels or your most uncomfortable shoes and be asked to put one leg in the air and count slowly to 15. 

Not a big deal?  To some people, it's not a big deal.  They are coordinated. They can balance.  Maybe they were a gymnast in a former life.  What if you had knee surgery?  You have a bad ankle?  You are just simply a total klutz.  What if you are just nervous?  There are plenty of reasons why the seemingly simple task of raising a leg in the air can go awry. 

All you have to do is stand on one leg and count slowly to fifteen. There are many ways to 'fail' this test.  You could put your foot down, you could count wrong, you could sway....even if you are stone cold sober.  Many people simply cannot stand on one leg.  This is yet another reason not to consent to field sobriety tests!

Did you take field sobriety tests?  Have you been arrested or summonsed to court? Call me at 617-328-6900 or email me a jfoley@sullivanandsweeney.com for a consultation.

For information on additional Field Sobriety Tests see:

• Finger to Nose
• Alphabet Test
• 9 Step Walk and Turn

But I haven't had anything to drink - I'm not impaired!

A question that I get a lot from people (usually after I say not to take a breathalyzer) is what if I'm not drunk?  Now, the first thing you have to remember, is that you don't have to be drunk to get convicted of drunk driving (OUI).  You simply have had to consume enough intoxicating beverage (i.e. alcohol) to impair your ability to operate a motor vehicle safely.  If your blood alcohol level is a .08 or above, you are per se intoxicated.  Even worse, if you are under 21, and you have a .02 or above you are per se intoxicated.  Pretty scary? Careful, you could feel fine and still be legally intoxicated. If you drink a lot often, or even a few glasses of wine or a few beers on a regular basis, you could have a higher level of blood alcohol then you feel. I have met people who exist on a daily basis, legally intoxicated, it just depends on how much you drink.

That being said, now what if you really haven't been drinking?  You're nervous, cold, tired or simply lost, and you get pulled over by the police.  They ask you to take a breathalyzer and do field sobriety tests. A voice in your head tells you not to take any tests, but at the same time, you know that you are sober.  You also have a right to an actual blood test.  (A blood test is also a chemical test under the statute).  So tell the officer you want a blood test (politely).  The officer will take you to the station and give you the information to arrange for a blood test.  If you really haven't been drinking, the worst thing that might happen is that your car will get towed and you'll be out a few bucks.  The officer has probably conducted a legitimate stop - and has to cover him or herself and bring you in if he or she believes you to be under the influence.  So if you take a blood test - you both win!  Remember - be polite!

Did you ask for a blood test?  Did you not get one?  Have you been arrested for OUI? Call me to set up a consultation at 617-328-6900 or email me at jfoley@sullivanandsweeney.com. 

Finger to Nose

You are standing at the side of the road, the police officer suspects you are drunk, and you mistakenly believe that you must take the field sobriety tests.  The officer asks you to stand with your feet together and tilt your head back.

Great!  You know what's next, you've seen COPS on television!  You touch your finger to your nose!  Interestingly, as with most field sobriety tests, the officer is not only looking to see if you can find your nose with your index fingers.  He or she is also trying to determine whether or not you can listen and follow directions!

In my former life, as an Assistant District Attorney, I focused on the small details because not every case had a breathalyzer or a defendant who could not stand up.    I would draw out that the defendant started the test before he or she was asked, or that he or she didn't tilt his or her head back.   If you take field sobriety tests - you will be nervous - and even if you are totally sober you can give the police officer evidence that can be used against you in court!

Have you taken a field sobriety test or two?  Have you been arrested?  Charged with Operating Under the Influence?  Contact me for a consultation at 617-328-6900 or jfoley@sullivanandsweeney.com.

Alphabet Test, yet another example of a Field Sobriety Test

Imagine.  You  have been pulled over.  You might have had a few drinks, or maybe you are just totally exhausted.  Perhaps it is a Holiday Weekend and there is a Roadblock.  The officer asks you if you would get out of the car to do some Field Sobriety Tests.  You don't know any better, and besides, you don't want to make the Officer angry.  So you get out of the car, you're nervous!  There is a big bright light shining at you and you are standing on the side of the road on a busy highway. 

First of all, you do not have to consent to any field sobriety tests.  The only test that there are repercussions for not taking is a breathalyzer.  Otherwise, if you tell the officer that you don't want to do any or all of the tests, that cannot be used against you in court.  Even better, the police and the prosecutor won't have the evidence of field sobriety tests to use against you at trial!

One of the most popular tests, is the alphabet test.  No, it is not saying the alphabet backwards while hopping up and down on one foot!  It is simply saying the alphabet in order, slowly, and distinctly.  The officer is observing to see if you slur your words and to see if you can follow directions.  It is a simple test, but many things can factor into 'failing' the alphabet test.  You may stutter, you may be exhausted, you may be very nervous or English might not be your first language.  The problem with the alphabet is that anyone who went to kindergarten in the United States learned to SING the alphabet. The police even use singing the alphabet against you! 

Have you taken a field sobriety test? Have you been arrested for OUI? Call me at 617-328-6900 or email me to schedule a consultation.

Field Sobriety Tests - 9 Step Walk and Turn

One of the field sobriety tests that police in Massachusetts often use is called the 9 step walk and turn.

This test involves walking nine steps in a straight line, keeping the heel of your left foot touching the heel of your right foot (and vice versa) as you walk.  After you walk 9 steps, you pivot, and walk back the same way. 

What are they looking for?  What if you took it?

    The person conducting the tests is assessing:

1. If you follow instructions (i.e. wait until he or she explains the test before starting).
2. If you can balance.

The police officer will make notes in his or her police report if:

1. You used your arms to balance.
2. You did not walk heel to toe.
3. You did not walk straight.
4. You did not walk 9 steps in both directions.
5. You start the test before the police officer finishes explaining the test.

There are reasons for "failing" this test, other than being intoxicated. You could just be a major klutz, have an inner ear problem, have a knee problem, have an ankle problem, be overweight or have bad eyesight.  You shouldn't assume that because you "failed" the nine step walk and turn that you can't fight the OUI.   

If you have been charged with OUI, call me at 617-328-6900 or email me to set up a consultation.

Field Sobriety Tests

One of the methods that Police Officers in forming their opinions as to whether or not a driver is drunk or intoxicated are Field Sobriety Tests.  If you ever see someone standing by the side of the road touching their finger to their nose,  they have been pulled over because the Police Officer believes that the person might be under the influence of alcohol or drugs.   There are a lot of 'urban legends' as to what Field Sobriety Tests consist of - such as saying the alphabet backwards!  I have never heard of a person being asked to say the alphabet backwards (but I have heard people practicing it just in case they get pulled over.

Common Field Sobriety Tests:

• ALPHABET TEST - this consists of saying the alphabet slowly without skipping letters or slurring. It is said forward not backwards.
• 9 STEP HEEL TO TOE - this consists of walking nine steps in a straight line, touching your heel of one foot to the toe of your other foot, pivoting, and returning back nine steps heel to toe.  You must stay in a straight line. 
• FINGER TO NOSE - the officer asks you to tilt your head backwards and touch your finger to your nose.
• STANDING ON ONE FOOT - the officer asks you to stand on one foot and count while keeping your other foot in the air.
• HORIZONTAL GAZE NYSTAGMUS - This measures the degree of nystagmus (jerking of the eye) as you look from side to side.  If you have nystagmus, you are impaired (either due to intoxication or other reason). 

You have the right to refuse any and all field sobriety tests! 

Have you been arrested for OUI?  Have you taken Field Sobriety Tests?  Call me at 617-328-6900 or email me to schedule a consultation.