Framingham police brought a Massachusetts Fourth Offense OUI charge against Yvonne A. Kadlik. According to the news account, Kadlik was traveling through the drive through at Walgreens to pick up a prescription when a store employee called the police claiming that she was under the influence of alcohol.
While the complete details are unclear from the news account, it appears as though Kadlick may have a viable basis for a motion to suppress, arguing that the police officer did not have a proper basis to stop her vehicle. Under the Fourth Amendment to the United States Constitution, a police officer needs reasonable suspicion to justify a motor vehicle stop. It appears as though the basis of the stop comes from the report from the store employee. At a motion to suppress hearing, the Commonwealth would have to produce testimony demonstrating the reliability and basis for the report by the store employee to justify the Fourth Amendment seizure.
A Massachusetts Fourth Offense OUI carries a mandatory one year jail sentence, a 10 year license loss and is a felony conviction. Further on a Fourth Offense, many judges will exceed the minimum mandatory jail sentence as the law allows for a sentence of up to 2.5 years house of correction in the district court.
Attorney DelSignore is a Framingham, Massachusetts DUI lawyer and has an office located in Westborough, Massachusetts. Attorney DelSignore represents clients in Framingham, Westbrough and Worcester District Courts. Call now to set up a free consultatoin, 508-455-4755. Most calls answered personally by Attorney DelSignore
