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Massachusetts man facing third OUI charge

Authorities in Massachusetts have reported that a 60-year-old man was taken into custody on Oct. 31 in Hopkinton for driving under the influence of alcohol. A records check revealed that the Ashland resident has been involved in two previous drunk driving incidents. The man has been charged with OUI and a number of traffic violations. He was released from custody after posting bail in the amount of $750, but a judge ordered that his phone be equipped with a device that will be used to monitor his drinking.

According to a Hopkinton police report, the man's car was pulled over on Hayden Rowe Street. A patrol officer claimed that he observed the car crossing a double yellow line as it passed another vehicle. The officer alleged that the man's car was traveling at more than double the posted 20 mph speed limit at the time.

The officer says that he asked the man to perform a number of field sobriety tests after noticing that his eyes were bloodshot and his breath smelled of alcohol. The man was taken into custody at approximately 10 p.m. after performing poorly during these tests. A subsequent breath test conducted at a nearby police station is said to have revealed that the man had a blood alcohol level of .12 percent.

The penalties for driving under the influence of alcohol can be severe in Massachusetts, and this is particularly true when the driver concerned has been involved in previous drunk driving incidents. However, a criminal defense attorney may seek to have OUI charges reduced during plea discussions with prosecutors. A defense attorney could also question the reliability of field sobriety tests conducted, and he or she may dispute the results of breath tests in certain circumstances.

Source: Wicked Local Hopkinton, "Ashland man charged with third OUI", Norman Miller, November 03, 2014

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