What to do if I was driving and a cop pointed a speed gun at me and motioned for me to stop but my brakes failed?

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What to do if I was driving and a cop pointed a speed gun at me and motioned for me to stop but my brakes failed?

By the time the car came to a complete stop, it hit the police officer. Fortunately, here were no serious injuries. Although I wasn’t drunk nor was even asked to take a sobriety test, there was alcohol in my car. I didn’t give any statement on the spot and wanted to seek legal advice before I did. What is my case like? Could I possibly get it dismissed and only pay the citation for speeding?

Asked on May 16, 2012 under Criminal Law, Massachusetts

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

If you were not cited and or arrested for driving under the influence of alcohol, then it is unlikely that you will be charged with it. For a DUI, the officer will usually have you perform a series of sobriety field tests, and a preliminary breathe test to determine if your were under the influence or not. If these things were never done, then the only thing the officer could cite you for is driving with an open alcohol container in the car (assuming the alcohol was indeed open). If you were charged with a DUI, and these measures were not taken, then you definitely want to speak with a criminal defense attorney to determine your available defenses and even a possible dismissal of the charges.


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