Massachusetts DUI Attorney Blog

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 " »

A recent decision by the Massachusetts Supreme Judicial Court upholding the Constitutionality of a roadblock in Quincy, Massachusetts may promote greater use of roadblocks to detect drunk driving. A recent article indicates that the North Attleboro police and State police will be increasing DUI enforcement by conducting roadblocks up until the Labor Day weekend to reduce drunk driving.

If you are arrested at a DUI roadblock, it is important to understand that your case will have numerous defenses, including challenging the Constitutionality of the roadblock and the basis for the officer to order you from the follow of traffic. Additionally, an officer making an arrest at a roadblock has even less information than in a typical DUI stop where the officer witnesses some impaired or erratic driving. With the decision to arrest being based almost exclusively on field sobriety tests in roadblock case, these cases are often more difficult for the Commonwealth to prove beyond a reasonable doubt as many jurors understand that field sobriety tests are physical coordination tests that are difficult to perform under ideal conditions, and are particularly unfair when failure of balance will result in an arrest.

Continue reading "DUI Roadblocks in Massachusetts likely to increase in light of recent court decisions " »

A roadblock in Chicopee, Massachusetts resulted in nine arrests. Over the weekend of May 12th, State police conducted a roadblock in Springfield, Massachusetts resulting in twelve arrests.

In addition to challenge whether the police complied with Massachusetts Supreme Judicial Court case law in conducting the roadblock, roadblock or sobriety checkpoint OUI arrests can be very defensible cases. Generally, roadblock cases involve no evidence of erratic driving and typically the police allow the motorist to drive from the screening area to the where further field sobriety tests will be conducted. When police make contact with a motorist but allow him to continue to driving, it suggests that the signs of impairment were not obvious or overwhelming.

At trial, the Commonwealth will rely most heavily on the motorist's performance on field sobriety tests. Given the fact that most jurors understand that field sobriety tests are difficult for some to perform even without consuming any alcohol, can be impacted by nervousness, lack of familiarity with the tests and the subjective nature of the scoring, often roadblock cases present strong DUI defenses that can result in an acquittal of the charge at trial.

Continue reading "Roadblock in Massachusetts results in nine OUI arrests" »

A Massachusetts OUI roadblock conducted in Quincy was upheld as Constitutional by the Massachusetts Supreme Judicial Court in the case of Commonwealth v. Murphy. The DUI lawyer in Murphy argued that the roadblock was unconstitutional under Article 14 of the Massachusetts Declaration of Rights because it gave the officer unchecked discretion to order a driver from the follow of traffic and into the sobriety checkpoint where further inquiry into the drivers ability to operate a motor vehicle will be conducted.

In the case of Commonwealth v. McGeoghegan, 389 Mass. 137 (1983), the Massachusetts Supreme Judicial Court held that sobriety checkpoints are reasonable
under the Fourth Amendment and Article 14, as long as the selection of motor vehicles to be stopped is not arbitrary, safety is assured, motorists' inconvenience minimized, and assurance must be given that the procedure is being conducted pursuant to a plan devised by law enforcement supervisory personnel. The United States Supreme Court held that DUI roadblocks are permissible under the federal constitution in Michigan Dep't of State Police v. Sitz, 496 U.S. 444 (1990).

In Murphy, the trial judge found that the State police protocol and guidelines along with the instructions from the Major did not provide neutral criteria by which to direct cars from the follow of traffic. Accordingly, the judge found that the Quincy roadblock was contrary to the Massachusetts DUI roadblock case law and therefore a violation of Article 14 of the State Constitution.

The Massachusetts Supreme Judicial Court, reversed the trial judge, holding that although there is some potential for abuse by officers, the requirement that an officer have reasonable suspicion to direct a driver from the flow of traffic is sufficient to provide object criteria to satisfy Article 14 of the State Constitution.

The court suggested that it would require the officers to greet each vehicle the same as set forth in the roadblock plan. In the Murphy case, the officer was instructed to make a brief and courteous statement to the operator of the motor vehicle, such as Good Evening, this is a State Police Sobriety checkpoint, we are checking all operators for sobriety. If the officer observes any articulable sign of possible intoxication, impairment or contraband, then further inquiry should be made at the designated screening area. The Court held that the guidelines used by the State police in the Quincy area where less intrusive than the guidelines upheld in prior cases that allowed inquiry into alcohol consumption if signs of impairments, glassy eyes, odor of alcohol and slurred speech were present.

The Murphy case supports DUI lawyers raising motions to suppress challenging the reasonable suspicion of ordering the driver from the flow of traffic and the propriety of questioning regarding alcohol consumption, depending on the language of the roadblock plan. The SJC should have followed the lead of the trial judge in Quincy and required supervisory officers to provide more detailed and objective criteria that must be followed before directing someone from the flow of traffic. Because a Massachusetts OUI charge is a crime of opinion that someone is impaired, the Constitutional protections of being free from unreasonable searches and seizures should require the State police to set forth specific criteria to guide an officers discretion. One officer may feel that a mere odor of alcohol is enough; another may feel odor should be combined with other signs of impairment. The trial justice was clearly correct in recognizing the potential for officers to make arbitrary decisions as to who to direct from the flow of traffic. Issues regarding roadblocks will continue to confront trial judges trying to balance current case law against constitutional requirements.

Continue reading "Massachusetts OUI roadblock upheld by Supreme Judicial Court " »

Massachusetts OUI roadblocks are becoming more common as the State police conduct DUI roadblocks known as "Over The Limit and Under Arrest". OUI roadblocks are supported by groups such as Mothers Against Drunk Driving and are occurring frequently around the country, including in Massachusetts. In Beverly, Massachusetts, A DUI roadblock resulted in 12 arrests at a roadblock on the inbound lane of the Veterans Memorial Bridge at Cabot and Water Streets, from 11:00 pm to 3:00 am. The State police have also set up roadblocks in other parts of Massachusetts, including Solider Field Road in Brighton, Massachusetts.

If you are arrested for a Massachusetts OUI at a roadblock, you should contact Attorney DelSignore immediately as you may be able to win your DUI case by proving that the police did not conduct the roadblock under the guidelines set forth by the Massachusetts Supreme Judicial Court in Commonwealth v. McGeoghegan, 389 Mass. 137 (1983) and you can also challenge the reasonable suspicion the police had for directing your car from the follow of traffic.

Additionally, since there is typically no evidence of erratic operation in a roadblock case, these cases generally rely heavily on the results of the field sobriety tests, which can be challenged on the basis of their lack of fairness and reliability.

Continue reading "Massachusetts DUI Roadblocks " »