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?
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