What happens if you are arrested at an OUI roadblock? In this Blog, I will explain the three things you need to know to confront the charge.
First, understand that your first court appearance will be for arraignment. This is not a date that the court expects you to resolve the case, but a date for you to be notified of the charge and you will receive another court date for a pretrial conference.
Second, many OUI Roadblocks are winnable at trial. With no evidence of erratic driving, but in fact evidence of safe driving that may assist you in your defense, the Government is at a substantial disadvantage in prosecuting the case against you.
What evidence will the Commonwealth rely on? With no evidence of erratic driving, the Commonwealth will have to rely almost solely on field sobriety tests, which are inaccurate, unreliable and subject to many attacks as unfair and not showing someone is under the influence of alcohol. In addition to field tests, the Commonwealth will rely on the officers’ observations, as to your speech, appearance, and behavior. In many roadblock arrest police reports, the officer makes a short report and has little detail of his or her interaction during the stop.
To learn more about roadblock arrests, you should watch this video that explains the process: https://www.youtube.com/watch?v=-4JyRRtnB0Q
To ask questions about your arrest, feel free to contact me on my cell phone at 781-686-5924 or office line at 508-455-4755.