A Massachusetts drunk driving defendant has lost his appeal after the Appeals Court found that the Commonwealth put forth sufficient evidence to convict the defendant of operating under the influence of alcohol.
The defendant was twice observed by the arresting officer crossing over the double solid yellow center diving line in his motor vehicle. The defendant also slammed into roadside snow banks. The defendant was the sole occupant of the motor vehicle.
After the officer pulled the defendant over, the officer noticed a strong odor of alcohol in the car. The crotch area of the defendant’s pants was wet, the defendant’s eyes were glossy and bloodshot, and the defendant’s speech was slurred.
The police officer determined that the snow and ice conditions on the road made a field sobriety test dangerous. The officer, therefore, arrested the defendant without the test.
The defendant argued on appeal that the arresting officer should have performed the field sobriety test, and that without the test, the Commonwealth did not put forth sufficient evidence to convict him. The Massachusetts Appeals Court rejected the defendant’s arguments and affirmed the conviction.
Drunk drivers pose a well-known threat to the safety of pedestrians, bicyclists and other motorists. If you or a loved one has sustained significant personal injuries, or if a loved one has suffered a wrongful death, as a result of a negligent drunk driver, please call our Massachusetts drunk driving personal injury lawyers, Boston personal injury lawyers or Boston, Massachusetts wrongful death accident attorneys at 617-787-3700.
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