Additional Information: I was arrested for DUI in Norwell, MA last weekend.  In addition to 9 step and turn field sobriety test, the officer held a penlight in front of me and asked me to follow it.  Hasn’t that been unadmissable in MA for years?  If so, do I have a good case to defend?

ATTORNEY ANSWER:

The Horizontal Gaze Nystagmus test is routinely excluded in Massachusetts Courts as the officers/troopers are not qualified experts to interpret the results of the test.  So based upon the exclusion of one of the two field tests you were given, I would say that you would have a good case to defend.  For a free consultation from A Board Certified OUI lawyer please give me a call.  Thank you. Jay Milligan