Massachusetts DUI Lawyer Blog
A road repaving project in Framingham was interrupted by an apparently drunk driver, the MetroWest Daily News reported Oct. 27. Police say Rodrigo Dos Santos, 31, drove through traffic cones and onto freshly poured asphalt around 2 a.m. on the night of Oct. 24. Workers were repaving a section of Union Avenue near Wood Terrace in Framingham at the time, and the cones were set up to redirect traffic away from the project. A police officer present waved his arms at Dos Santos to indicate that he should stop, but Dos Santos continued through the work area, forcing workers to jump into vehicles in order to avoid being hit.
Dos Santos then proceeded through the hot asphalt, stopped and tried to make a three-point turn. When he came to a stop, the officer said, he smelled of liquor, had trouble standing and collapsed on his way to the police cruiser, forcing the officer to support him. He insisted that the officer call his wife to pick him up and claimed that he only had three beers. Nonetheless, he was charged with OUI, driving without a license, speeding, driving to endanger and leaving a marked lane. He pleaded not guilty Oct. 26.
Read article: Framingham man charged with drunken driving
The facts in the article may seem grim for Dos Santos. But as a Massachusetts drunk driving defense attorney, I would like to remind readers that the only evidence of drunk driving reported here is circumstantial evidence. In fact, if the article is a complete record of the arrest, the only evidence of drunken driving may be subjective observations by the officer on the scene. In order to prove an OUI charge in Massachusetts, prosecutors must provide a chemical test showing the driver had a BAC of 0.08 or greater, or was driving under the influence of intoxicating liquor. If there is no BAC reading, prosecutors may have to show that intoxication was the best explanation for the incident. In a case like this, an experienced Massachusetts OUI defense lawyer may be able to raise reasonable doubts among jurors if the case goes to trial.
If you’re facing charges of operating under the influence in Massachusetts, you should never plead guilty before calling the Law Offices of Stephen Neyman. Even if you believe that law enforcement has a solid case, lead attorney Stephen Neyman may be able to find flaws and holes in the case, or strike a plea bargain that allows you to resolve the case with minimal disruptions to your life, job and family. To learn more, please contact the firm’s downtown Boston office at (617) 263-6800 or send a message online.