It was a bad day for seventy-one year old Edward Holden of Middleton when he was arrested and charged with a second offense of drunk driving in the Salem District Court. According to The Salem News, a Middleton police officer spotted Holden driving his PT Cruiser down a one way street the wrong way forcing other cars to swerve out of his way. According to reports, he was driving home after he was turned away from a package store. This past summer Holden was arrested and charged with his first offense of drunk driving after being involved in a head on collision while travelling the wrong way on Route 114.
The Essex County District Attorney’s Office moved to have Holden held without bail because he violated a term of pre-trial probation on his previous arrest by driving. A Salem District Court Judge denied this request but imposed $5,000.00 cash bail. Holden will be held in the Middleton Jail until he posts bail. He is due in court later this month for a pre-trial conference.
In Massachusetts, in order for the Commonwealth to prove that a defendant was drunk driving they must show that the person was driving a motor vehicle, on a public way and was under the influence. A commonly litigated issue is whether the defendant was under the influence. In order to prove this the District Attorney’s Office often relies on the observations of the police officers, the field sobriety tests, a breathalyzer (if any) and any statements of the defendant.
In order to counter the testimony of the officers, a good strategy is to emphasize all of the defendant’s behavior that is consistent with sobriety. For example, illustrating that the defendant had not problem producing his or her license, no problem getting out of the car and could follow directions are fertile areas of cross examination.
Our Attorney has specialized in criminal defense work for over twenty years. She routinely appears in Massachusetts Court houses including the Peabody District Court, Boston Municipal Court and the Lawrence District Court fighting for the rights of her clients. She knows what pre-trial discovery motions and pre-trial evidentiary motions to file. Our Attorney is an experienced Boston area lawyer who will navigate you through the criminal justice system from an arraignment through trial. If you have been charged with a crime in Massachusetts contact Our Attorney on line or and she will get to work on your case immediately.