Massachusetts DUI Lawyer Blog
According to reports in several media outlets New England Patriots starting defensive back Alfonzo Dennard was arrested earlier today. He is being charged with Drunk Driving or OUI as it is known in Massachusetts. The Motor Vehicle stop occurred just prior to 2:00 a.m. The police making the stop observed Dennard’s car “straddling lane lines”. He further reported that Dennard “emitted an odor of alcohol and displayed signs of impairment”. Dennard then took Field Sobriety Tests and refused a Breathalyzer Test.
This incident is not Dennard’s first brush with the law. He was convicted of Assault and Battery on a Police Officer stemming from a 2012 incident outside of a bar. Dennard is on two years probation for that case and has a thirty day jail sentence stayed until March of 2014 at which time it may be reconsidered.
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Not knowing much about Nebraska state law, the jurisdiction in which this case is pending I can tell you what could happen to Dennard were he in Massachusetts. First is the OUI case. The excerpts from this police report are no different from the vast majority of reports we see in Massachusetts. The substance of these reports is as follows: The officer will report some sort of erratic driving. He will claim to have followed the car for a certain distance while observing several Motor Vehicle violations. He was then stop the driver. Upon his approach to the vehicle he will detect a strong odor of an alcoholic beverage coming from the interior of the car. He will then comment to the driver on the reason he pulled him or her over. The driver will respond with thick, slurred speech. The officer will ask the operator for a license and registration. The suspect will fumble with papers in the glove box and wallet prior to producing the license and registration. The officer will then ask if the operator had been drinking. The response will be “I had a couple of beers”. The officer will then ask the operator to get out of the vehicle and to perform some Field Sobriety Tests. There will be three tests. The alphabet test, starting in the middle of the alphabet. The driver will mess up a few of the letters. Next will be the heel to toe test. The subject will not follow the instructions properly. He or she will use arms for balance and turn around at nine steps rather than ten. Last will be the one legged stand test. The defendant will be able to hold it for a count of 6 only. The officer will then form the opinion that the suspect is under the influence and he will be arrested.
I have read hundreds of these reports. They are virtually identical. I have wondered why local public defender’s offices do not keep files of these reports catalogued by officer’s last name. I can assure you that if officer “Jones” has made one hundred OUI arrests ninety five of these reports will be troublingly similar. At least on the surface Mr. Dennard’s arrest report seems to follow this pattern. His bigger problem might be the Probation Violation matter. In Massachusetts someone can be found in violation of probation without a conviction on the new case. He can then be sentenced to the maximum sentence allowed by statute on that case.
The Law Offices of Stephen Neyman, PC represents people accused of committing crimes. We defend OUI cases, Probation Violations and more. If you get arrested you need a lawyer. Call us at 617-263-6800. We know that we can help you.