http://DelSignoreLaw.com
You took a breath test, blew a zero on the breath test, you thought the officer would release you, you then found out you would be charged with OUI drugs. How can this charge be defended? I am Michael DelSignore a Massachusetts OUI lawyer and in this video I will explain to you the four reasons that an OUI drugs charge is difficult to prove in court.
First, many police officers are not trained as so-called drug recognition experts, or DREs as the term is used in court. Without this training, there is a strong argument that the officer is not qualified to render an opinion that you were impaired by any particular drug.
Second, often the Commonwealth needs an expert witness to testify what impact any particular drug had on your ability to drive, whether it would still have been in your system at the time of operation. The Commonwealth rarely has this time of expert opinion.
Third, the Commonwealth must allege what particular drug you were under the influence to meet the requirements of the statute. Often the Commonwealth cannot satisfy this burden
Fourth, field sobriety tests were not designed to detect impairment by drugs; however, the officer will typically base the opinion that you were under the influence of drugs on these exercises.
If you face an OUI drugs charge and have questions, feel free to call, I answer these questions everyday and would be happy to answer any questions you have.
1900 West Park Drive
Westborough, Massachusetts
781-686-5924
7 North Main Street, Suite 219A
Attleboro, Ma 02703
