The Massachusetts Appeals Court addressed the Constitutionality of an OUI roadblock in Worcester Country in its recent decision of Commonwealth v. Bazinet. The opinion of the intermediate appellate court, the Massachusetts Court of Appeals, suggests that an odor of alcohol alone would constitute reasonable suspicion to direct a motorist to the further screening area at a sobriety checkpoint. Though the court refers to two out of state decisions to supports its reasoning, Massachusetts OUI lawyers will still challenge officers ordering motorist from the flow of traffic as case law from the Massachusetts Supreme Judicial Court, requires reasonable suspicion before a motorist can be ordered from the flow of traffic. A strong argument can be made that an odor of alcohol itself should not constitute reasonable suspicion unless the officers observes other factors indicating that a motorist is under the influence.
Attorney DelSignore defends motorist arrests at OUI Roadblocks throughout Massachusetts, including Bristol, Norfolk and Worcester Counties. If you were stopped at an OUI roadblock, call Attorney DelSignore immediate to set up a free consultation and allow him to begin preparing your defense. You can speak to Attorney DelSignore directly by calling 508-455-4755 or by sending an email.
