Many times the
prosecution is forced to rely on opinion evidence when someone is charged with
Operating Under the Influence (OUI). It is very important that you retain an
experienced OUI attorney to navigate and poke holes in the Prosecution’s
argument. Here, at Boyle & Carbone, P.C., we not only have the experience,
we also have a passion for helping those who may have been taken advantage of.
Often, the Prosecution
will address many physical observations that were made by the arresting officer
such as slurred speech, glassy eyes or an odor of alcoholic beverage. It is the
job of defense counsel to refute these observations and give the judge or jury
another reason why, for instance, a person’s eyes were glassy. Maybe he or she
just got out of work and was really tired. Police Officers may offer their
opinion but they are not medical personnel and this makes the information less
credible and open for a defense attorney to attack.
If a
preexisting medical condition has anything to do with an arrestee’s failure to
complete any physical tests or as to his or her appearance, counsel may offer
the opinion of a treating physician as to why he or she was unable to perform
or appeared a certain way.
If you, or
anyone you know has been arrested for an OUI, please call our experienced
defense team today. (978) 342-3422.
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