Cinco de Mayo– Margaritas and Mugshots

Today is Cinco de Mayo, a day notorious for eating Mexican food and drinking Margaritas and Coronas.

On May 5, younger crowds go out to bars to imbibe. This year, with Cinco de Mayo falling on a Thursday, its the perfect recipe for a night out to celebrate.

If you are heading out tonight, a few things to remember.

1.  The police also know it is Cinco de Mayo.  They will be out stopping cars tonight, looking for impaired or drunk operators. If you are drinking, call a friend, call a cab, call uber.

2. Drunk drivers will be on the road.  If you are not drinking and are on the road,  keep an eye out for other motorists. Be extra vigiliant watching for other drivers that may pose a hazard to you.

3.  Have fun.  Enjoy your margaritas.  Enjoy your enchiladas.  But be safe.  No one wants a Cinco de Mayo mugshot!

4. If you are arrested, call Broadbent & Taylor  for representation at 508-438-1198.

5.  If you are involved in an accident, contact us to see what your next step is.

#accident #massachusetts #drunkdriving #accidentlawyer #oui #ouilawyer

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Can I Refuse Field Sobriety Tests?

In Massachusetts, if you are caught drinking and driving, most people know that you have the right to refuse a breathalyzer test, which results in an automatic 6 month license suspension.  But few know what happens if you refuse other tests going along with an OUI arrest.

Typically, if an officer suspects that you are impaired, he will request that you step out of the car to perform field sobriety tests.  These tests include saying your alphabet, counting, standing on 1 foot, and completing a 9 step walk and turn.

Most that are stopped complete these tests because they are not aware of any alternative. An officer does not give you a choice and ask if you want you do the test, however, you do have the ability to refuse.

If you refuse to do the tests (which can be done by saying “I am not going to do that”) the officer will arrest you and take you into custody.  You will be brought to the station where you have the right to then refuse the breathalyzer.

How does refusing these test benefit you? If you decide to take the matter to trial, refusing to take the field sobriety tests limits the amount of evidence that the officer can collect against you.  It is more likely that you will succeed at trial if you do not submit to the field sobriety and breathalyzer tests, since there is  less evidence to prove that you are guilly beyond a reasonable doubt.

If you were arrested for drunk driving, contact us to discuss the options in fighting your case.

THIS BLOG IS WRITTEN BY ATTORNEY KELLY BROADBENT. IT IS NOT MEANT AS LEGAL ADVICE.