Massachusetts OUI Roadblocks
Roadblock cases generally have many defenses at trial, due to the context of the arrest and stop. But there are also certain LEGAL defenses that should be raised at trial as they can also result in the dismissal of a case.
The Significance of the Initial Greeting
A DUI roadblock is when police officers stop every vehicle at a fixed point. After being stopped, an initial screening officer will approach your car and greet you.
The greeting is supposed to be short and brief; so if it deviates from what is required by the State police plan, this could be a basis of having the charge dismissed at a motion to suppress hearing.
The Significance of the Interaction with the Police Officer
There are a few physical indicators the officer is looking for when deciding where or not a driver should be sent to the pit area. While speaking to you, the officer is looking to see if your eyes are blood shot and glassy, if there is any odor of alcohol on your breath or any other signs of drunk driving such as open containers of alcohol. Often an officer will attempt to obtain admission of drinking.
Can the Evidence be Suppressed?Since the initial greeting at a roadblock must be brief, according to the State police plan, a Massachusetts DUI lawyer can attempt to have the evidence from the stop suppressed based on
- The initial Screening officer deviating from the State police plan in greeting you at the initial checkpoint.
- Not having reasonable suspicion to direct you from the follow of traffic.
- Not complying with all of the details required by the Courts in conducting a roadblock.
Since a Roadblock is an extraordinary infringement upon the Constitution, being stopped for no reason at all, the police must comply strictly with the criteria set forth by the Massachusetts Supreme Judicial Court. This provides many legal defenses to your case.
I was arrested at a MA Roadblock. What should I do now?
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