Massachusetts DUI Attorney Blog

The Massachusetts Appeals Court upheld an OUI car stop in the case of Commonwealth v. Riedel, decided on June 1st. The case involved a motorist suspected of driving under the influence of alcohol who was stopped in Brewster by an Orleans police officer. Under Massachusetts law, the authority of a police officer is limited to the territory where the officer is a police officer. An officer only has authority to make an arrest outside of his territory if it is granted by statute or is part of the common law.

Massachusetts General Laws Chapter 41 Section 98 provides as follows: A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, may exercise such authority in any other city or town for any offense committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. The issue in Ridel's case was whether the defendant committed an arrestable offense. The Appeals Court held that the defendant's erratic driving gave the officer reason to believe that an arrestable offense was committed in his presence.

Massachusetts OUI arrests sometimes raise an issue of whether the officer had a lawful basis to make a motor vehicle stop. An extraterritorial stop is a defense that is handled through a motion to suppress. This type of defense based on the territorial jurisdiction of the officer could arise from an officer entering a neighboring town or when an officer crosses state borders.

I had a Second Offense Massachusetts OUI dismissed in the Attleboro District Court when my client was initially detained by the Rhode Island police. At the motion hearing the judge, agreed with my argument that the Rhode Island police lacked authority to detain my client in Massachusetts and it resulted in the case being dismissed.