Knowing Your Rights in Boston
With Offices in Hingham, Quincy, and Plymouth
While an arrest can be scary and unnerving, it is important to remember that you have rights. Police do not have unlimited power, though it can feel that way sometimes. If you have been arrested or are facing a criminal conviction, get the help of an aggressive Boston criminal defense lawyer on your side. By hiring Jack Diamond Law Offices, you have an advocate to help you protect your rights effectively.
Call (617) 925-6772 today or contact us online to schedule your free initial case evaluation with Jack Diamond Law Offices.
Identifying Drunk Driving
Police officers receive training to identify potential drunk drivers by the way they drive, such as by crossing marked lanes, weaving, and ignoring traffic control devices, especially between the hours of midnight and 3:00 a.m.
If a police officer approaches your vehicle and detects an odor of alcohol, you become a prime suspect for an OUI arrest. Everything you say from this point on will likely end up in a police report to be used against you in court. These include statements about where you are coming from, where you are going to, how much you had to drink, what you were drinking, when you had your last drink and how you are feeling.
-
24/7 Availability
Jack Diamond is available to answer your calls around the clock and offers free consultations.
-
Continuing Education
Jack Diamond does continuing education to keep current with laws & changes within the legal system.
-
20+ Years of Experience
Jack Diamond began his career as a prosecutor in 1990 & has gained a great reputation.
5 Star Testimonials
Hear From The Opinions That Matter The Most
-
“Jack was very personable during our initial meeting.”- Keith W.
-
“Jack Diamond would be the lawyer.”- Anthony S.
-
“It was quite reassuring…professional, realistic, positive, excellent!”- Deborah H.
-
“I would recommend Jack Diamond to a family member or a friend without any hesitation.”- James C.
-
“Mr. Diamond made me feel both comfortable and confident, which put my mind at ease.”- Lance M.
-
“His skills showed proof from our first meeting up to the conclusion of my case.”- Joe S.
-
“He approaches a very emotional situation with a winning attitude.”- Jennifer H.
-
“Jack made me feel that I was making the right decision in fighting the charges and he was right!”- Joseph F.
-
“I definitely recommend Jack Diamond to a friend or family member who unfortunately find themselves in my position.”- Kerry W.
Your Constitutional Rights
The Fourth, Fifth, and Sixth Amendments of the U.S. Constitution allow you to decline from providing evidence against yourself. By exercising those rights, you greatly protect yourself in an OUI arrest. However, if you choose to exercise these rights, you are more likely to be arrested.
Once you have been pulled over and suspected of drunk driving, the officer has two options:
- Place you under arrest for OUI
- Issue a ticket for a motor vehicle infraction and allow you to continue driving, knowing you've been drinking
By politely declining to tell the officer where you're coming from and how much you've had to drink, you will not have admitted to consuming alcohol prior to driving your car. By politely declining to perform field sobriety tests, you will have eliminated the arresting officer's ability to testify about his training and experience with the standardized field sobriety tests, as well as your failing those tests.
Call Jack Diamond Law Offices before speaking with police officers. Schedule your free initial consultation by calling (617) 925-6772 or contacting us online.
The Problem with Sobriety Tests
Failing a field sobriety test almost always results in an arrest for OUI, and a police officer’s testimony about your failure of the test is usually the most damaging evidence against you in your drunk driving case. Most jurors do not realize that tests can be as much as 35% unreliable and that they are further unreliable if the tests are not given in strict accordance with the designed criteria.
You Are Not a Villain
OUI is probably the one crime most likely committed by non-criminals. While most police officers are professional and sympathetic in dealing with OUI suspects, they must observe their duty in upholding public safety during their investigation, especially after detecting the odor of alcohol. Do not mistake an officer’s joking with you to mean they are not investigating your case and gathering evidence to make an arrest.
Many people let their guard down and disclose more than they should, thinking friendly police officers might help them out of the situation. These people are often dismayed to later find their comments and admissions in the police report being used against them by a prosecutor. By politely and respectfully exercising your rights as listed above, you put yourself in a much stronger position to win your case when you get to court.