Erkan & Sullivan, PC
Experienced Lowell criminal defense attorney, handing cases ranging from dui/oui, domestic violence, robbery offenses, motor vehicle charges, assault to murder, and more. Former prosecutor who approaches each case with a strategy designed based on how the ADA will likely prepare for trial and seeking to expose weaknesses in the government’s case. Over 10 years experience in criminal law, call for a free consultation today.
Current
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2005
 # 672583
There are two sets of “testing” that officers and troopers in Massachusetts employ. One is field sobriety testing, the other is the breath test. The short answer is that your refusal to submit to any tests is inadmissible in Massachusetts courts. That means that the jury will not learn that you refused the testing. This in nearly every case will not avoid an arrest, but the officer’s case against you is substantially weaker — leading in many cases to a greater chance of a not guilty finding.
The refusal to submit to a breath test, however, does come with some license/right to operate a vehicle suspensions. It is important to know what happened with your case
so that you can determine what (if any) collateral consequences resulted after you were released by the police.
In any event, after any interaction with police, it is advisable to contact an experienced criminal defense attorney. Most attorneys offer free consultation and you can discuss the particulars of your case with an attorney who can guide you through the process.
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The answer to your question relies in large part on the facts leading up to the seizure of the car and the money, as well the status of the forfeiture proceedings. Most of the time, when a motion to suppress is granted in a drug distribution or trafficking case, the forfeiture action is not successful (the owner gets it back) because the evidence in the forfeiture case would likewise be suppressed. You should speak to an attorney about the specifics of your case. They can advise you about the appellate timetable, the final order on the motion, and the forfeiture action status.
Good luck,
Ryan