UNLAWFUL POLICE STOPS
In Massachusetts, a police officer can stop you, or arrest you, for drunk driving and OUI-related offenses, but the officer must have some level of reasonable suspicion or probable cause.
On the other hand, officers cannot stop a car because the license plates belong to an owner who has had a history of previous violations. That prejudice, much like racial profiling, is insufficient cause to stop or arrest a driver.
Law Enforcement Is Far From Perfect…
Most of us expect police officers to follow the law at all times. However, just as we make mistakes from time to time, so do police officers. Fortunately, their mistakes can often work in your favor. When the police officers who handled your case, mishandle some very important aspects of it, the "bad" evidence - referred to as "fruit from a poisonous tree" - may be thrown out of court (this is called suppression of evidence). This is particularly important and helpful to you because the District Attorney (the person prosecuting you) is entirely dependent on the evidence that he or she has obtained in seeking a conviction.
Our DUI Defense Attorneys Conduct Our Own
Independent Investigation On Every Case
We investigate all of the facts that went into the police officer's decision to stop, question, test and arrest you. Whenever we can, we'll challenge the legality of the police officer's decision to pull you over, make you do field sobriety tests, arrest you, and even make you take a breathalyzer test. Do not assume that just because you "flunked" a breath test, that the test result can be used against you. We may be able to keep it out.
Understanding Police Observations
Drunk driving investigation procedures are supposed to be standardized across the United States. In theory, all officers should conduct OUI/DUI investigations the same way. It rarely happens that way.
The process begins as officers observe the vehicle in operation and note any initial cues of a possible alcohol or drug-related violation. Drivers who are impaired often exhibit certain effects or symptoms of impairment including slowed reactions, impaired judgments, impaired vision, and poor coordination.
Once law enforcement has enough "reasonable suspicion" to briefly stop and question a motorist, the second task for the officer is to observe the manner in which the driver responds to the signal to stop and to note any additional evidence of any possible intoxication. Officers are trained to look for an attempt to flee, no response at all, slow responses, abrupt swerves, sudden stops, or the driver's striking of the curb or another object.
Upon having personal contact with the driver, the officer attempts to gather evidence of impairment by observing and interviewing the driver. Officers are trained to use their sight, hearing, and sense of smell to note additional evidence during their observation and interview of the driver.
If enough is provided to the officer in order for him or her to believe the driver is under the influence of alcohol or drugs, field sobriety tests or other psychophysical tests may be administered in order to assess the person's impairment. Following the same, an arrest may follow.
As discussed above, if any aspect of the officer's decision to pull you over was done improperly, we'll stand by your side and aggressively argue every possible defense in order to have your charges dropped or greatly reduced.
Learn more about how to Challenge the Evidence and OUI/DUI Defenses at our Information Center, or on our FAQ page.
Our DUI Defense Attorneys Defend Improper Police Stops - And Work Toward Getting Your Case Dismissed!
For a FREE Case Evaluation about your best defense against an unlawful search and seizure, fill-out our online form, or call (888) 693-8434 to make an appointment at one of our local offices. We answer our phones and return calls 24/7 - we even meet clients on Sundays!
Learn more by contacting one of our DUI Defense Lawyers.