Hardly a DUI police report is written in Massachusetts, and elsewhere, which does not contain the claim that the drunk driving suspect had the telltale “glassy and bloodshot eyes,” which contributed to the police officer’s opinion that the suspect was operating under the influence of alcohol. However, the best DUI lawyers know that there are many innocent explanations for what might be interpreted as incriminating evidence. For example, fatigue, or lack of sleep certainly could account for not only “glassy and bloodshot eyes,” but also for apparent incoherence. Eye strain or excessive reading has also been known to cause redness and watering. Also, a simple eye irritation caused by a foreign object in the eye or contact lenses which are old, dirty, or simply left in too long can cause a persons’ eyes to water and turn red. Allergies and other medical conditions may cause the condition, along with environmental triggers such as dust, high winds, or air pollution.
A good DUI lawyer will evaluate the jury and put forth these reasons based on the juror’s everyday experiences. This gives the lawyer credibility and provides the jurors with an explanation which makes sense.
A police officer’s failure to inquire about and rule out the above-listed innocent explanations for what the police officer may have perceived as incriminating evidence raises the question of whether the police fairly evaluated the facts before making the drunk driving arrest.
Directing the jury’s attention to legitimate explanations for what might be incriminating evidence is one way that Mass. DUI attorneys such as George E. McCarthy and Paul B. Watkins aggressively defend our clients who stand accused of driving while under the influence.
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