A Hingham, Massachusetts, motorist, Hayley Damp, faces a Massachusetts OUI charge after causing a six car accident. According to the news accounts, after causing the accident Damp kept her foot on the gas pedal.
While on the surface the case appears challenging to defend, it interesting aspect of the case may be the basis that the police had to search the soft sided cooler. Under a recent case decided by the United States Supreme Court, Arizona v. Gant, police officers are not permitted to search the interior of a car incident to arrest unless some narrow exceptions are satisfied. These exceptions are officer safety and evidence preservation. Officers could still search the vehicle but that search must be conducted pursuant to an inventory policy maintained by the police department.
Michael A. DelSignore is a Massachusetts OUI lawyer that handles cases throughout Massachusetts, will discuss your case at a free consultation, explain your defenses and let you know the strength of the Commonwealth's case against you. Call for a free consultation.
