The Appeals court has thrown out a defendant's conviction on a seventh Massachusetts OUI charge, the Boston Herald reported.
The court set aside the conviction on Tuesday over what it called an illegal seizure by an off-duty police officer. This case perfectly illustrates the importance of hiring a skilled Massachusetts drunk driving defense lawyer when facing an OUI charge. When authorities act inappropriately, as in cases where an illegal search or seizure leads to your arrest, an experienced attorney can seek to have the evidence suppressed in your case and the charges reduced or dismissed. And, even in cases where a judge won't dismiss the evidence, a successful appeal can nullify the charge.
That's precisely what happened in this case -- the appeals court ruled the trial court erred in denying a motion to suppress evidence.
The defendant actually struck a car driven by an off-duty Somerville police officer. Suspecting the driver was drunk, the officer took the keys out of his ignition and called police.
The court ruled the officer's actions constituted an illegal seizure because he did not have authority to make an arrest outside his jurisdiction. The ruling means the man will be released from prison and bail where he has served about half of a six-year sentence.
The case is Commonwealth v. Limone.
Massachusetts OUI Defense Attorney Michael DelSignore represents clients facing drunk driving charges and other misdemeanor and felony offenses, including assault and battery, drug charges, larceny and weapons violations.
The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro. Framingham and Westborough. Call (508) 455-4755 for a free consultation, 24 hours a day, including weekends and holidays.
