Massachusetts DUI Attorney Blog

The Massachusetts OUI lawyer for President Obama's uncle is challenging the stop as being unconstitutional. This was reported by Norman Miller of the Metro Daily News.

The Boston Herald reported that the basis of the motion is that the police officer could not see Obama's uncle proceed through the stop sign. The defense claims that a building would have blocked the officer's view and apparently plans to call an expert witness to testify on this topic. Typically in a motion to suppress, the defense would not disclose the basis of the motion but file a generic motion challenging the stop; the reason is that the prosecutor would likely tailor the testimony to attack the defense theory if it was disclosed.

A motion to suppress challenging the legal basis of a stop is a very common motion in a Massachusetts drunk driving case. If successful, a motion to suppress would result in the entire case being dismissed as if there was not a lawful basis for the stop, under the exclusionary rule, the court would suppress all observations of the officer, results of field sobriety tests and any breathalyzer test results.

Even if a motion to suppress is unsuccessful, the motion can be beneficial in defending an OUI charge as it sets forth the testimony of the officer regarding the stop. In some cases, this testimony may reveal that the driving infraction was not as serious as indicated in the police report or it could reveal that at trial the officer will claim additional traffic infractions that were not mentioned in the police report. While an officer can be impeached if testimony differs from the police report, the impact of this impeachment would vary depending on how substantial the omission from the police report.

Other types of motion in a Massachusetts drunk driving arrests would include motion to suppress statements, challenges to the order to get out of the car and searches of the interior of the vehicle after a motorist has been arrested.