Personal History

• Name(s) given to police;
• Present residence versus the residence on driver’s license and the residence given to the police and probation department;
• Date of birth;
• Marital status;
• Number and ages of children;
• Marriages;
• Educational background;
• Work history for the last ten years;
• Name and address of present employer (determine whether operation of a motor vehicle is a condition of em- ployment);
• Manner of transportation, particularly if the client has already lost his or her license pursuant to G.L. c. 90, § 24N (Note: It may be appropriate to mention the consequences of operating after suspension for an OUI of- fense, including mandatory penalties);
• Prior military service;
• Prior criminal record of any kind, including motor vehicle offenses;
• All past accounts of treatment for substance abuse and alcohol abuse;
• Discussion of any existing alcohol or drug problem;
• Discussion of whether the client wishes to seek counseling and treatment immediately, even though the out- come of the case might not be determined for many months;
• Discussion of any history of mental illness;
• Accounts of past injuries involving physical disabilities, speech impairment, false teeth, eyeglasses, contact lenses, special shoes or other orthopedic appliances and consideration of how to illustrate such disabilities (e.g., if wear on bottom of client’s shoes is a result of impaired gait, have the defendant save a pair of worn shoes for inspection by a fact finder at the time of trial);
• Medical problems that may create the appearance of impairment;
• Use of prescription medication;
• Places of all prior hospitalizations; and
• Determination of whether the client took part in special needs assessment during schooling and, if so, the location of all possible records involving areas such as dysgraphia, hesitation in speaking or processing in- formation, and gross and fine motor skills assessments.
Note: Any false information, particularly that regarding identity or address, given to the probation department could affect the client’s bail status and should be cleared up immediately.

Activities on the Day in Question

Make a chronological list of everything that the client did from the time he or she woke up in the morning until the time of his or her arrest. Include times of various activities, people with whom he or she came in contact, and what he or she had to eat and drink up to the time of the arrest. It is critical with regard to each drink that coun- sel determine the content, the amount, and the exact time and place of consumption. The chronological list should include the following:
• Travel route to place of arrest or accident;
• Names and addresses of anyone who saw the client prior to the arrest or accident;
• Willingness of these people to testify as to the sobriety of the client;
• Determination of the type, amount, and time of consumption of any drug used by the client and of whether it was a licit or an illicit drug;
• If licit, copies of any prescriptions and descriptions of the purpose for which they were taken and a determin- ation as to whether they were taken pursuant to the instructions contained in the prescription;
• Determination of whether the defendant was under the care of a medical physician, and if so for what reason; and
• Copies of medical reports, if appropriate.

Circumstances of and Reason for Arrest

• Type of car defendant was operating (obtain pictures if the car was a low profile model, subcompact, or sports car that would require extra effort to enter or exit).
• The date, the exact or close approximate time and the exact location of arrest.
• Accident or violation observed. Examine the Chapter 90 slip, which would list the various motor vehicle vi- olations. (Note: only motor vehicle violations are included on the Chapter 90 slip. Be aware that additional charges such as assault and battery on a police officer may have been lodged against the defendant, but that they would not be apparent from the Chapter 90 slip. If in doubt, call the court to verify exactly what charges have been lodged against the defendant.)
• Name of the police officers, police department, and court involved.
• Circumstances of the stopping sequence and how the vehicle was parked in relation to any curb. Did the vehicle come to a safe stop and park appropriately and timely after being signaled to do so by the officer?
• Who was with the defendant in the vehicle at the time of the arrest?]
• What was the intended destination?
• Comprehensive chronology of everything that happened from the moment the officer approached the vehicle until the time the defendant was placed under arrest. Include the sequence relative to providing license and re- gistration, and whether either was produced from a wallet. Did the client have any difficulty? If so, explain.
• Examine the defendant’s wallet. Was it in the same condition on the day in question? (Officers often use the fumbling for documents as a clue that someone may be under the influence.)
• Complete description of how the defendant stepped from the vehicle. Was there any difficulty? Did he or she lean against the vehicle during the exiting sequence? Did he or she need the vehicle for support in order to get out?
• Have the client obtain photographs of the vehicle for future reference.
• Describe any difficulty in walking.
• Describe the clothing worn, including shoes.
• Describe the lighting conditions, the condition of the road surface, any lights emanating from the police cruiser, and in which direction they were pointed relative to the direction in which the defendant was walking. • If the defendant performed any so-called field sobriety tests, describe all such tests in appropriate order and how the defendant completed these tests.
• Determine whether the defendant was given a horizontal gaze nystagmus test.
• Recount all conversations, verbatim, between the defendant and the officer.
• At what point, if any, was the defendant given Miranda warnings?
• At what point was the defendant told that he or she was under arrest?
• Was the defendant handcuffed behind his or her back?
• Was the defendant searched?
• Was the vehicle of the defendant searched?
• Did the defendant walk on his or her own to the police vehicle?
• Did he or she receive any assistance getting in or out of the police vehicle?
• Did the defendant walk on his or her own without difficulty into the police station?

Circumstances of Accident (if Applicable)

• How did the accident occur?
• Were there any witnesses?
• Did the defendant sustain injury?
• Did the defendant speak to the other driver or to witnesses? Recount in detail what was said, where, and to whom.
• How were the police notified?
• If injured, did the defendant ask for and receive any medical care?
• Names of all persons and titles rendering first aid or medical care.
• Did the defendant notice any dizziness, nausea, or an impediment to his or her gait?
• Who was present at the police station? Was the defendant requested to answer questions?
• Was the defendant advised pursuant to G.L. c. 263, § 5A of his or her right to an independent examination by a physician? See Commonwealth v. Andrade, 389 Mass. 874 (1983).

Events at Police Station

• Recount all questions asked and answers given. Were any sobriety tests given at the station? • Were any events videotaped?
• Was a breath test or a blood test offered to the defendant? If so, what happened?
• What were the results of any such tests?
• If the defendant refused these tests, was he or she forewarned of the consequences of such refusal? • If given, what was the exact time of the breath test?
• Did the defendant regurgitate or vomit within twenty minutes prior to the breath test?
• Did the defendant belch before submitting to the breath test?
• Was the defendant permitted to consult with an attorney before the tests?
• At any time during the booking process, did the defendant ask for an attorney?
• Where was the defendant taken after either taking the test or refusing to take the test?
• How long did the defendant remain at the station before the bail commissioner was called? • Did the defendant make bail? If so, at what time?
• Was the defendant placed under protective custody?
• Was the defendant told the reason for his or her being placed in protective custody?
• Was the defendant refused bail by the bail commissioner because of his or her condition?