Challenging Massachusetts DUI Roadblocks
When you are charged with a Massachusetts DUI as a result of a roadblock or sobriety checkpoint, your case will proceed through the court as follows. At the pretrial conference, the Commonwealth will have to provide your Massachusetts OUI lawyer with the State police plan for how the roadblock was to be administered. These documents will contain the following information:
- The State police plan as to how motorist shall be greeted at the roadblock, provisions for public safety and the method used to administer the roadblock.
- The data that justifies the selection of the site; according to the Massachusetts Supreme Judicial Court, it is only proper to administer a roadblock in an area that has prior problems with DUI related arrests and accidents. In order to have a compelling State interest to justify detaining a motorist without reasonable suspicion, the Commonwealth has to show that the area where the roadblock is being conducted has a high number of drunk driving related arrests.
- Documentation showing public notice of the roadblock. This consists of the documentation that the State police notified various news agencies that a roadblock was being administered. The notification will not have the precise location of the roadblock but will have the date and times that the police will conduct the roadblock.
To challenge a Massachusetts DUI roadblock, the case is set down for a motion to suppress hearing. At this hearing the Commonwealth needs to present the testimony of the police officers involved in your initial detention and the officers who devised the roadblock to establish that is was conducted according to a State police plan. A motion hearing is like a mini-trial with the issues confined to whether the Commonwealth can establish that Massachusetts DUI law was complied with in running and establishing the roadblock. The officers involved in the roadblock will testify and your attorney is allowed an opportunity to cross examine them.
Attorney DelSignore has successfully defended numerous Massachusetts DUI arrests involving roadblocks and sobriety checkpoints. Call to learn the defenses to your case at 781-686-5924.Special Report DEFENSE TO Massachusetts OUI ROADBLOCK ARRESTS