OUIL DEFENSE

On 5/30/2019, in the Ayer District Court, Jantzen & Associates prevailed on a difficult OUIL defense case, involving a Portuguese speaking client who was pulled over on a Massachusetts highway in July of 2018. The firm’s founding partner, Chris Jantzen, defended the case and made 6 court appearances, culminating in a contentious Motion to Dismiss evidentiary hearing.  There, both State Troopers admitted that they had never provided the client with a Portuguese interpreter to ensure that he understood his Miranda rights and Statutory Consent rights, at the scene.  Instead, one Trooper testified that he attempted to communicate in Spanish with the Portuguese speaking defendant, who did not understand him.  Additionally, the other Trooper drove the defendant back to the barracks and attempted to contact a “phone interpreter,” whom she then recorded on her personal phone, rather than on State Police recording equipment.  Her personal phone recording had been disposed of, so there was no transcript of the communications between the unknown “interpreter” and the defendant to ensure that he had understood his Miranda and his Statutory Consent rights, such as his right to a blood test.

 

After 6 court appearances and a protracted Motion to Dismiss hearing, Judge Guzman ALLOWED the defendant’s Motion to Dismiss and effectively dismissed the entire case.

 

Judge Guzman’s decision is here.

 

If you have an OUIL (Operating Under the Influence of Liquor) case, come to talk with us!

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