For many individuals facing DUI charges in Massachusetts, the absence of breathalyzer evidence might seem like a silver lining. However, a recent judicial opinion sheds light on how prosecutors can still secure DUI convictions without relying on this traditional piece of evidence. At the Law Office of Patrick J. Murphy, we understand the intricacies of DUI cases and aim to equip potential clients with knowledge about the evolving landscape of DUI trials.
Understanding the Judicial Opinion
In a recent case, the absence of breathalyzer evidence took center stage, with the judge delivering a specific instruction to the jury to disregard any considerations related to the breathalyzer. Despite the defendant’s objection, the judge emphasized the appropriateness of the instruction, creating a unique scenario where the trial continued without breathalyzer evidence playing a role. Although the defendant was not required to submit to a breathalyzer test, his counsel feared that the lack of breathalyzer evidence could make the jury think that the defeadnt refused the test, which could suggest he was impaired at the time.
Admission of the Booking Video
The defendant also contested the admission of a booking video, arguing that it was prejudicial. The court, however, maintained that the video was relevant to establishing the defendant’s impairment. In DUI cases, driving performance, appearance, demeanor, and field sobriety test execution are crucial aspects. The booking video, taken shortly after roadside tests, became a focal point, providing insights into the defendant’s walking ability and potential limitations due to injury.