A Weymouth, Massachusetts man, Peter O'Connor was charged with a Second Offense OUI when a car dealership employee refused to allow him to test drive a car believing he was intoxicated. The employee than called the police and the Quincy police made a traffic stop.
A key issue in the case will be the basis of the employee belief that O'Connor was impaired. The police need reasonable suspicion to justify stopping an individual under the Fourth Amendment to the United States Constitution. At a motion to suppress hearing, the police will need to testify that they received specific and detailed information from the employee that would provide reasonable suspicion for the stop.
In some case, based on citizen reports of erratic drivers, possibly drunk, the police do not have the contact information from the caller. In the Quincy case, it appears that the police have the identity of the caller and stopped the man close to the dealership. While those factors support the legality of the stop, an experienced DUI lawyer will still attempt to have the stop and the evidence obtained suppressed under the Fourth Amendment, challenging the details provide by the employee to justify the stop.
If you are charged with DUI in Quincy, Dedham or Taunton, Massachusetts, call Attorney DelSignore immediately and he will discuss your case and possible defenses to your DUI charge.
