Massachusetts DUI Attorney Blog

DUI Roadblocks are Constitutional in Massachusetts as well as in many other States.
The U.S. Supreme Court ruled in 1990 that sobriety checkpoints are legal under federal law in Michigan Dept. of State Police v. Sitz , leaving it up to individual states to decide as to whether or not DUI checkpoints will be conducted.

Sobriety checkpoints, also referred to as DUI roadblocks , are conducted all over the country except in 11 states. In the state of Massachusetts, OUI roadblocks are randomly conducted. However, police activities at OUI checkpoints and roadblocks must be conducted in strict accordance with established Massachusetts policies and procedures as set forth by
Commonwealth v. Anderson, 406 Mass.343 (1989) .

Massachusetts OUI checkpoints are instituted by Massachusetts law enforcement in order to catch drivers who may be operating under the influence. When a person is pulled over at a sobriety checkpoint, typically the motorist has a very strong case at trial as there is no evidence of erratic driving.

According to a U.S. Centers for Disease Control research project,which combined 23 studies, DUI checkpoints reduce alcohol-related crashes by 22%. However, as previously mentioned, DUI checkpoints are not conducted in 11 states, such as Rhode Island and Washington because they are either considered illegal by law or state constitution. Some lawmakers in these 11 states are challenging this and are striving to bring back the DUI sobriety checkpoints. For example, news staff in Seattle report some lawmakers argue that they need to bring back DUI sobriety checkpoints in order to reduce deaths due to drunk driving. According to them, 37% of all traffic fatalities in Washington involved drunk drivers as reported in 2011 traffic data. "Bringing back checkpoints would mean more than 40 lives each year in Washington State," claims Washington State Patrol Ursino.

The 11 states that do not conduct these DUI roadblocks, such as RI, claim that they are ineffective and that the number of people that turn up drunk are only about 1 %. Lawmakers who oppose implementing sobriety road blocks claim it is a waste of law enforcement resources. Washington lawmakers have tried and failed to bring back sobriety checkpoints in recent years. The House Bill 1912 represents their latest effort to make these DUI roadblocks legal.

The national debate whether or not these sobriety checkpoints are effective and whether or not the 11 states will implement them continues. Although they tend to be controversial, DUI checkpoints have survived most legal challenges. Massachusetts OUI roadblocks still prevail and continue to be used as a way to reduce drunk driving.

Continue reading "DUI Roadblocks in Massachusetts and the Debate Over Whether They Deter Drunk Driving" »

Halloween is approaching, as we can tell from the crisp weather, the black and orange decorations and the costume advertisements that seem to pop up this time of year.

And while it's primarily a holiday for children to go door-to-door and try to get as much candy as they can, let's face it, it's a holiday for adults, too. During the weekend there will be parties where friends get together with outrageous costumes to try to impress each other and there likely will be alcohol.

The key here is to enjoy yourself, but do it responsibly. It's quite likely that police throughout Massachusetts will employ OUI roadblocks as a way to trap drunk drivers. This can lead to an arrest for drunk driving charges in Massachusetts this Halloween weekend.

If this happens, the first move should be to contact an experienced Massachusetts DUI defense lawyer. Getting an attorney involved as quickly as possible can only benefit you. The longer a defendant waits, the more an attorney has to play catch up to get apprised of the facts and be prepared for trial.

When officers pull drivers over, they must have what's called probable cause. This is true in any situation. They must have a reason to pull over a vehicle. Some typical examples of reasons are if the driver was speeding, swerving, improperly changed lanes or ran a stop sign.

Probable cause is required so that officers can't simply pull over a vehicle for no reason and try to search it. The probable cause for the stop can be challenged in a OUI case.

After the initial stop is made, the officer will use his or her training to make observations about the driver that could lead them to believe the driver is operating the vehicle under the influence of drugs or alcohol. What they typically rely on are things like slurred speech, glassy or bloodshot eyes and the inability to have a coherent conversation.

That is the key moment that determines whether the officer is simply going to decide whether or not to give a ticket for speeding and whether he or she is going to pursue a DUI investigation.

If it's the latter, the officer will usually ask the driver to step out of the vehicle and take field sobriety tests and/or a breath test. Refusing to take a breath test automatically results in a driver's license suspension. However, it will also deny the state a key piece of evidence to use against you at trial.

Field sobriety testing is when an officer asks the driver to take nine steps and turn around to determine their balance, stand on one leg and follow an object from side to side.

All of these can be challenged as well, depending on whether they were conducted properly, whether video from the officer's cruiser contradicts the observations on the police report, and whether other factors, such as the person's physical ailments or the weather could have affected their ability to perform.

This Halloween, enjoy your time with your friends and pick out a good costume. Drink responsibly so that you don't give the police any reason to interfere with your life. If you find yourself arrested, don't panic, call an experienced Massachusetts DUI defense lawyer, who will defend your rights.

Continue reading "Drinking Responsibly on Halloween as a Massachusetts OUI charge can have severe consequences" »

The Record in New Jersey is reporting that a police chief has come under fire for earning $30,000 in overtime in two years for DUI enforcement operations.

As the Massachusetts DUI Attorney Blog recently reported, OUI roadblocks have little value in actually catching drunk drivers. In fact, police view the purpose as a way to keep drunken driving in the minds of drivers. Yet, they cost tens of thousands of dollars -- provided by state and federal grants typically -- to operate.

And a big chunk of that money goes to pay police officers overtime so they can stand around and watch passing cars. Police officers are just like any other worker when they are working a job. They want it to go by quickly and they want to get paid.

When officers set up operations to target OUI in Taunton or elsewhere in Massachusetts, they are looking for common traffic violations, such as speeding, swerving, improper lane change, stopping and starting or other ways to initiate a traffic stop. During a checkpoint, no such probable cause is necessary.

When a driver is stopped by officers, they should remain calm and answer the questions politely. If you believe you are being investigated for OUI, don't make any statements and tell them you wish to speak with a Taunton OUI lawyer immediately. Everyone has a right to not say anything if they are suspected of a crime.

According to the news article, the police chief in Elmwood Park New Jersey earned about $30,000 in overtime that payroll records show was paid out for drunken-driving operations.

Between Jan. 1, 2010 and Oct. 6, the chief got $29,436 on top of his $205,000 annual salary. Officials are investigating whether the chief was entitled to get that pay and if other department heads also got overtime pay.

The newspaper reports that the chief's contract has no provision for overtime pay, while other police officers' contracts clearly outline when they should be paid overtime and at what rate.

The chief told city council recently that he supervised OUI posts, making sure roadblocks were in the proper place and that procedures were followed. These roadblocks are typically covered by state or federal grants. Yet, police chiefs and other officials typically are salaried and can't earn overtime pay.

While city officials are investigating, it seems on the surface like a bad deal for taxpayers. A chief of a town of 19,000 with a small force of only 37 gets $200,000 per year. And on top of that, he's bringing in thousands in overtime?

And his excuse is that he had to supervise OUI roadblocks, which have little value anyway?

OUI roadblocks are typically set up in an area near bars or where patrons would drink and then later drive. Officers will usually set up barriers to funnel traffic so they can stop each vehicle and question each driver.

Their goal is to see if people are intoxicated -- or might (in the opinion of the officer) be intoxicated. Some people get pulled over and others just get to drive through and there typically is no reason why some drivers are put through this process and others get to go by. The decision is made by officers working the post.

In most situations, very few drivers are actually arrested. Most pass through and go on their way, yet police departments nationwide are spending millions of dollars on these operations with few results.

Continue reading "Police Chief Questioned For $30k in OT For OUI Operations" »

The Beverly Hills Patch recently reported statistics for DUI checkpoint arrests in one of the nation's ritziest areas.

While on the other coast, the presentation by Lt Mark Rosen provides a window into the manpower and logistics of performing a DUI checkpoint. Rosen also attempted to provide justification for the continued use of a law enforcement tool that has little practical value.

"The main objective of the checkpoint is not to arrest drunk drivers," Rosen said. "The real objective ... is to bring DUI driving to the forefront of people's thought process."

A Massachusetts DUI defense attorney should always be called to handle such cases. DUI checkpoint arrests can be challenged on many fronts; police must conduct such roadblocks in accordance with strict guidelines. Each motorist must be treated the same. There must be a written operational plan and each officer must have the appropriate training. All of this is in addition to the more routine challenges that are part of a good defense to any drunk driving arrest.

Among the statistic provided by Rosen:

-25 to 30 officers are used to staff checkpoint operations.

-Each checkpoint costs $10,000 to operate.

-The department conducted 7 checkpoints last year.

-Of 2,200 vehicles to pass through each checkpoint -- 480 drivers are stopped and questions. Or about 1 in 5.

-An average of 1 drunk driver is arrested.

These statistics show the relative worthlessness of DUI checkpoints as an enforcement tool. One DUI arrest costs the department $10,000 and the time of 30 officers. More than 2,000 motorists were inconvenienced. Nearly 500 were really inconvenienced.

The California Department of Motor Vehicles reports more than 200,000 DUI arrests are made each year in the state. The seven checkpoints in Beverly Hills cost $70,000 and resulted in 7 arrests.

The truth of the matter is that sobriety checkpoints have not been a valid law enforcement tool in a long time. The advent of smartphones, Facebook and Twitter have spread the location of such checkpoints like wildfire.

Such roadblocks violate the rights of innocent motorists, often result in marginal or unfair arrests, and put the lives of police officers and the motoring public at risk. But they pay overtime. And they are legal.

So, as Lt. Rosen admits, they will continue to be conducted for whatever marginal public relations value they offer. But if you are arrested at one, consult an attorney and fight back.

Continue reading "West Coast Presentation Illustrates Questionable Value of Massachusetts DUI Checkpoints" »

A Rhode Island lawmaker has been charged with driving under the influence and possession of marijuana and drug paraphernalia after being stopped at a DUI checkpoint in Connecticut, Channel 12 News reported.

A Massachusetts criminal defense lawyer has more ground upon which to challenge charges that result from a car stop at a sobriety checkpoint. These stops infringe upon your Fourth Amendment rights to be free from unreasonable search and seizure.

Massachusetts sobriety checkpoints and law enforcement roadblocks in Connecticut are permitted under state law, though law enforcement must obey strict rules regarding the checkpoint's operation to ensure everyone is treated equally. The training of officers involved, the probable cause to request that you submit to field sobriety testing or a breathalyzer examination and the probable cause for any search of your vehicle or person are all issues a defense attorney may challenge in defending a client charged as a result of a DUI checkpoint.

Roadblocks in Rhode Island have been deemed unconstitutional and are not permitted under the state constitution.

House Minority Leader Robert Watson, R-East Greenwich-West Greenwich, was among those arrested Friday at a checkpoint in East Haven Connecticut. NBC 10 News reports Watson is expected to keep his leadership position despite the arrest after Republican House members voted unanimously to support him.

Watson denied failing the field sobriety tests and stated that he wished there were cameras. In many cases, a driver charged with DUI in Massachusetts will dispute the version of the police contained in the police report. Many motorists are upset when reading the police which often is inaccurate, exaggerates what occurred and distorts innocent activity to justify the arrest. According to the police report, the officer observed only three clues on the nine step walk and turn out of a total of eight clues. While the officer concluded Watson failed, his DUI lawyer will be able to use this test to show that he had normal balance, coordination and mental ability given the substantial number of things he did correct in performing the test.

The Providence Journal reported Watson was flagged over while driving his Ford Ranger. Police report that he smelled of alcohol and marijuana. A bag of suspected marijuana and a wood pipe were found upon a search of the vehicle.

A test of his blood-alcohol level at the station was .05, below the legal limit of .08. However, the presence of marijuana could complicate the case as prosecutors could argue he was driving under the influence of drugs as well as alcohol.

In Massachusetts, there is a presumption that a driver is not under the influence if a breathalyzer reading is .05 or below. If the breathalyzer reading is .06 or .07, the Commonwealth may still charge a motorist with DUI and will proceed under an impairment theory. Most cases of under .06 and .07 result in not guilty verdicts after a bench trial. However, when there is allegations of driving under the influence of drugs, the Commonwealth may charge OUI drugs in the alternative.

Continue reading "Rhode Island Legislator Charged with Drunk Driving, Possession of Marijuana, at Sobriety Checkpoint" »

DUI Roadblocks set up by police in Massachusetts and throughout the country are not shown to effectively deter drunk driving. At a recent motion hearing challenging the legality of a roadblock, the officer in charge of the roadblock acknowledged to me that he believes putting more officers on the street is a better way to prevent drunk driving than a roadblock or sobriety checkpoint.

Sarah Longwell of the News-Reader in Springfield, Missouri recently wrote an article addressing whether roadblocks effectively deter drunk driving. Longwell's study found that
States that conduct DUI roadblocks do not have a lower rate of DUI fatalities than States that do not permit roadblocks under their State Constitution. Longwell comments that checkpoints have operated all night without making a DUI arrest and concludes that pressure from interest groups like Mothers Against Drunk Driving will ensure that sobriety checkpoints continue.

Drunk Driving statistics in Massachusetts are consistent with Longwell's findings. In a roadblock case I recently challenged, the data presented by the police in support of the roadblock failed show that it was effective. One method to challenge a Massachusetts OUI arrest at a roadblock is to demonstrate that the area where the roadblock was set up did not have a high rate of accidents or DUI arrests.

Continue reading "DUI Roadblocks in Massachusetts and throughout the country are not effective in preventing drunk driving according to recent study" »

Eight motorists were arrested on drunk driving charges in North Attleboro after being stopped at a Massachusetts DUI checkpoint over the weekend.

'Tis the season for law enforcement roadblocks, or "sobriety checkpoints" as they like to call them. Federal statistics show that these checkpoints do not deter drunk driving. Nor are they particularly effective, with less than 1 percent of all DUI charges originating from a checkpoint arrest. And they are an inherent violation of a motorist's rights against unlawful search and seizure.

But as long as there is state and federal grant money and available overtime pay, police will continue to conduct such roadblocks, particularly around the busy holiday season. To mitigate the rather blatant violation of a motorist's rights, courts have established strict guidelines under which such stops can be conducted. Consequently, there are even more grounds to challenge such arrests than there are in typical DUI cases and an experienced defense lawyer may be able to seek a reduction or dismissal of the charges.

During this weekend's stop, police say Jason T. Cabral, 26, crashed his car while attempting to flee the checkpoint and then provided the name of a former roommate during the booking process.

Seven other motorists were also charged with drunk driving during the checkpoint, which was conducted Saturday night and early Sunday morning on Route 1 at Cumberland Avenue. Four other motorists were charge with misdemeanor vehicle violations and 68 were handed traffic tickets by state police, and police from North Attleboro and Attleboro.

Merry Christmas and Happy New Year.

Police say Cabral failed to stop at the checkpoint about 1:15 a.m. and continued onto I-295 at speeds up to 80 mph. It is not unusual for a motorist to face charges for not stopping at a checkpoint. As if a dozen cops in the road in the middle of the night is not enough to confuse anyone. The speed limit on that stretch of I-295 is 65 mph.

Cabral was arrested after crashing on the ramp to I-95 north.

Ashley Forrestal, 19, of North Providence, was charged with resisting arrest, disorderly conduct and disturbing the peace. However, the Sun Chronicle reports that she did not appear at her arraignment on Monday.

Continue reading "Eight arrested at Massachusetts DUI roadblock in North Attleboro" »

A Massachusetts DUI Roadblock will be set up in Bristol County according to the State police. A Roadblock can be challenged as unconstitutional if the roadblock is not established in accordance with the case law from the Massachusetts Supreme Judicial Court. One requirement is that the State police provide public notice that a roadblock will be conducted. The news report in the Taunton Gazette is intended to satisfy the public notice requirement. The announcement does not state the precise location of the roadblock.

Recently, I challenged a roadblock as being unconstitutional in the Fall River District Court, arguing that the roadblock was not conducted according to the requirements of case law. I am awaiting the court's decision on the motion.
Additionally, one defense to Massachusetts OUI roadblock arrests is whether the police had reasonable suspicion to direct the motorist from the follow of traffic into the area for further screening.

Continue reading "Massachusetts DUI Roadblock scheduled in Bristol County " »

With recent DUI accidents in Massachusetts involving police officers being hit by drunk drivers, news reports indicate that OUI enforcement will be increased throughout Massachusetts. In light of recent events, this increased patrol is understandable, which will include more aggressive patrol and increased use of DUI roadblocks to take drunk drivers off of the road. Many times increased DUI patrols will result in many individuals being charged wrongfully with a DUI. The consequences can be serve of having a drunk driving conviction.

Generally, as a Massachusetts DUI lawyer, roadblock cases tend to be difficult for the Commonwealth to prove. First, typically a roadblock case will be defended by challenging whether the roadblock complied with the Fourth Amendment to the United States Constitution. Under the Constitution, police need reasonable suspicion of criminal activity prior to detaining an individual and depriving an individual of their freedom. While this is a low threshold, a roadblock is essentially an exception to the Constitution, authorizing the police to stop motorists without any basis, as long as it is done according to the State police roadblock plan.

Some states pursuant to their State Constitution find that roadblocks are unconstitutional. The Rhode Island Supreme Court in Pimental v. State, ruled that DUI roadblocks are unconstitutional under the Rhode Island State Constitution. However, roadblocks have been upheld as constitutional in Massachusetts as long as they confirm to the requirements set forth by the Massachusetts Supreme Court.

The United States Supreme Court in Michigan Dep't of State Police v. Sitz, 496 U.S. 444 (1990) and the Massachusetts Supreme Judicial Court in Commonwealth v. Trumble, 396 Mass. 81 (1985), both upheld that roadblocks are constitutional under both the state and federal constitution.

In addition to having the ability to challenge the basis of the stop, roadblocks cases generally involve no observations of erratic driving. In a DUI trial, lack of evidence of poor driving makes it difficult for the Commonwealth to prove its case beyond a reasonable doubt. Roadblocks cases rely heavily on field sobriety tests. These roadside tests, such as reciting the alphabett, number counting tests, finger to nose test, balancing on one leg and walking and turning all can be attacked by an experienced Massachusetts DUI lawyer.

Continue reading "Increased Massachusetts OUI enforcement to occur in light of recent DUI accidents involving police officers" »

Boston OUI Lawyer Michael DelSignore wishes you a safe and enjoyable Fourth of July. Celebrate responsibly, know that law enforcement will be out in force, and call if you are stopped or charged with drunk driving anywhere in Massachusetts.

Attorney DelSignore will personally be available to speak with you by cell phone throughout the holiday weekend.

MASS Live reports great weather with plenty to do. AAA is predicting that more than 1.77 million motorists will hit the road in New England, or nearly 20 percent more than last year.

A law enforcement roadblock netted seven OUI arrests in Hingham last week, the Globe reported. And authorities will be conducting roadblocks -- or sobriety checkpoints as they like to call them -- throughout the weekend.

There is irony in the fact that local law enforcement will spend the Independence Holiday conducting an activity that skirts the Fourth Amendment rights of residents to be free from unreasonable search and seizure. If you are charged with OUI at a Massachusetts checkpoint, call to discuss your rights.

Field sobriety tests and breathalyzer examinations in Massachusetts are another area of the law where an attorney can protect your rights. When such tests are conducted incorrectly, a reduction or dismissal of the charges often results. Some motorists choose to refuse the test, which can carries a six-month license suspension for first offenders if upheld on appeal, but also denies the state a key piece of evidence to prove that you were driving under the influence.

When it comes to field sobriety tests, many motorists mistakenly believe these tests are used by law enforcement to determine whether you are intoxicated and that passing the tests will result in your being allowed to continue on your way. This is rarely, if ever, the case. Field sobriety tests are nothing more than a tool by law enforcement to gather evidence of your guilt in the opinion of a law enforcement officer whose job it is to ... gather evidence of your guilt!

The best defense against a Massachusetts OUI charge is to hire an experienced criminal trial lawyer.

Continue reading "Boston OUI Attorney available throughout the Fourth of July weekend" »

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.

Continue reading "OUI Roadblock in Worcester County addressed by Massachusetts Appeals Court " »

Recently I wrote about Massachusetts drivers being unfairly charged with OUI at sobriety checkpoints. Despite the problems with these checkpoints, such as checkpoints' inefficiency in stopping drunk driving, police agencies in Massachusetts and around the U.S. continue to use them. Five Beverly police officers and fifteen Massachusetts State Police officers conducted a sobriety checkpoint roadblock on a recent weekend. Of about 200 cars stopped between midnight and 2:30 AM on Feb. 22, six people were arrested--four for OUI and two for narcotics charges. The State Police brought their "BAT mobile," a large vehicle that has two Breathalyzers, satellite links to the RMV's records, and holding cells for those arrested. The links to the RMV's records allow police to immediately suspend the license of anyone who fails a Breathalyzer test.

According to The Salem News, police officers set up traffic cones to move all traffic into one lane, and stopped every car that crossed the Beverly-Salem bridge during the roadblock. They chose this location because it precludes escape -- in other locations, some drivers make U-turns to avoid checkpoints. Police tapped on each driver's window with their flashlights to get them to roll down their window, spoke with the driver while shining their flashlights into the car, and looked for signs of intoxication like bloodshot eyes, slurred speech, the smell of alcohol or open containers of alcohol. Fourteen drivers were selected for field sobriety tests, after which some drivers were detained in the BAT mobile.

As a Massachusetts OUI attorney, I strongly urge those who are arrested at sobriety checkpoint roadblocks to seek legal counsel. The Massachusetts Supreme Judicial Court and the U.S. Supreme Court have established strict criteria for roadblocks, and an experienced Massachusetts DUI lawyer can challenge the prosecution to prove that the roadblock was conducted according to constitutional standards. Even if the roadblock was done correctly, a Massachusetts OUI lawyer may be able to get the Breathalyzer test results excluded or attack the reliability of the results.

Authorities continue to tout DUI checkpoints as a way to reduce drunk driving while opponents maintain they are an inefficient law-enforcement tool rife with abuses and government overreaching.

Anyone stopped and charged with Massachusetts OUI at a law-enforcement roadblock or so-called "sobriety checkpoint," should contact a Quincy, Massachusetts defense lawyer to discuss their rights.

Such roadblocks must follow strict rules and many times evidence can be successfully challenged by a Boston criminal defense attorney experienced in fighting Massachusetts drunk driving charges. Such roadblocks are subject to abuse; even the mere fact that law enforcement is specifically targeting suspected drunk drivers can mean they are predisposed to file OUI charges.

As we reported recently on Massachusetts DUI Attorney blog, in a post regarding the apparent increase in DUI among young women, about one-third of fatal Massachusetts car accidents (124 or 363) involved a drunk driver in 2008.

ABC3 in Palm Springs reported that more than 1,000 people will die in drunk driving crashes in California this year. Police in Palm Springs spent $100,000 conducting eight DUI checkpoints last year. This year, they plan to spend $236,000.

The American Beverage Institute contends it is an inefficient use of tax dollars. "There's a far less expensive more effective mean called roving patrols that puts police officers out on the streets looking for negligent drivers of all kinds, speeding or drunk," spokeswoman Sarah Longwell said.

In one recent checkpoint, the department staffed a roadblock with 12 officers for 5 hours; they checked 533 drivers and arrested just 4 for DUI.

Last year, the California Highway Patrol screened 100,377 drivers across California and made 458 DUI arrests -- or less than .4%.

The American Beverage Institute contends DUI checkpoints catch moderate responsible drinkers, not the heavily intoxicated ones.

"What we want is targeted enforcement, police officers on the streets looking for dangerous drivers of all kinds, not pulling police officers off the streets, putting them in one spot in the hopes that a drunk driver might wander through, that is not a good use of taxpayer dollars," Longwell said.

Continue reading "Drivers can be unfairly charged with Massachusetts OUI at sobriety checkpoints" »

DUI roadblocks and checkpoints occur frequently in Massachusetts and throughout the country, but studies suggest that checkpoints are less efficient than having police cars on random patrol. Often, Massachusetts OUI roadblock cases make difficult cases for the Commonwealth, because there is generally no evidence of unsafe, poor or dangerous driving, but exclusive reliance on field sobriety testing and the officer's subjective opinion.

Supports of DUI checkpoints like Mothers Against Drunk Driving argue that increasing arrest is not the goal of checkpoints, but awareness of the dangers of drunk driving and deterring motorist driving under the influence.

Continue reading "DUI checkpoints frequent in Massachusetts and nationwide " »

Massachusetts DUI roadblocks are likely to increase in light of campaigns by law enforcement to curb drunk driving by putting more police officers on patrol and increasing the number of DUI roadblocks. One issue that may arise in Massachusetts is whether a police officer can stop a motorist under the Fourth Amendment when the driver lawfully attempts to avoid a DUI roadblock.

This issue arose in a case decided by the New Mexico Supreme Court on August 25, 2009 in the case of State v. Anaya. In that case, the New Mexico Court of Appeals affirmed a trial judge who held that the police officer had no reasonable suspicion to stop a driver who lawfully made a u-turn prior to a DUI roadblock. As a result of the motion to suppress being granted, the DUI lawyer suppressed all evidence gathered as a result of the stop, including observations of the officer and results of field sobriety tests.

The State appealed from the trial judge's ruling. The Court of Appeals affirmed and the State appealed to the New Mexico Supreme Court, which reversed the lower courts. Under the Fourth Amendment to the United States Constitution, police officers need reasonable suspicion to stop a motorist. This requires that the officer have a specific basis for believing that the motorist committing a traffic infraction or violated the criminal laws in some fashion. The Fourth Amendment prohibits a police officer from detaining a driver based on what the law refers to as a mere hunch.

The New Mexico Supreme Court's decision is inconsistent with clearly established Fourth Amendment case law. The court holds that the roadblock begins when the motorists could first become aware of its presence. According to the court, the roadblock starts when it is in sight of the motorist which would greatly expand the scope of the roadblock. The court attempts to limit its ruling by stating that not all case of avoiding a roadblock will constitute reasonable suspicion, depending on the time of day, proximity to the roadblock and traffic patterns.

However, in Anaya, the motorist made a legal u-turn. Nothing other than the officer's speculation could support a basis to stop the motorist which is insufficient to provide a constitutional justification for the police to seize an individual.

If this issue were to arise in a Massachusetts drunk driving case, the Massachusetts courts would be unlikely to follow the New Mexico Supreme Court in light of other case law by the Massachusetts courts interpreting the Fourth Amendment and State Constitution.

Continue reading "Massachusetts OUI Roadblocks and 4th Amendment limitations " »