Motorists' refusal to attempt field sobriety tests not admissible in drunk driving case


At approximately 1:30 a.m. on March 23, 2010, Wakefield, Massachusetts police officer Kelly Tobyne observed the defendant's vehicle travelling on the wrong side of a street as it came around a turn. Kelly activated her cruiser's blue lights. The defendant did not stop. Officer Tobyne then activated her siren and pursued the defendant's vehicle for approximately three-tenths of a mile; where ultimately, she observed it pull into a driveway. Upon interrogation the defendant stated that he had only consumed a couple of beers. Officer Tobyne noted that the defendant's speech was slurred, his eyes were glassy and there was an odor of alcoholic beverage about his person.

Subsequently, the defendant was asked to step out of his vehicle and to perform some field sobriety tests. The defendant agreed to performed field sobriety tests; and in attempting to perform these tests made statements about the difficulty of completing the tests and his inability to perform these tests.

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