The Massachusetts Appeals Court decided the case of Commonwealth v. Emerton.  In this case, the defendant was arrested at an OUI Roadblock on Soldiers Field Road in Brighton and the case was heard in the Brighton District Court.  Soldiers Field road is an area where the State police have been using for years to conduct roadblocks.  Under Commonwealth v. Trumble, roadblocks are permitted under Article 14 of the Massachusetts Declaration of Rights if the following questions are satisfied:  

1. the selection of the cars to be stopped must not be arbitrary; 
2. safety must be assured 

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.

Roadblocks were a regular sight throughout Massachusetts over the holiday weekend – and they will continue to be through the end of the year.

Massachusetts State Police reported that over the Thanksgiving weekend –Friday and Saturday evenings in particular — the agency mounted an aggressive series of saturation patrols and checkpoints throughout the Commonwealth.

Canton OUI lawyers understand there were 21 OUI arrests issued at that one location alone, and another 350 citations were issued by roving patrols on routes 195 and 24.

The officers who were patrolling in that area reportedly arrested an additional 13 drivers for DUI, as well as eight other arrests made for offenses not related to impaired driving.

Some of those offenses included operating vehicles at speeds in excess of 90 miles per hour. There were even a handful who were allegedly traveling faster than 100 miles per hour. One was traveling 125 miles per hour, according to troopers.

One allegedly intoxicated driver was hurt in a head-on collision Friday evening. We don’t know if anyone else was hurt, but he was allegedly driving in the wrong direction.

Troopers were quoted by local media in Canton and in Boston as saying they plan to be out again this coming weekend with another planned sobriety checkpoint, and we can likely expect several more through the end of the year.

What’s important for motorists to understand is that an arrest is not a conviction. And even if you had consumed alcohol or some other substance before you got behind the wheel, the case is not a slam dunk for prosecutors. Here’s why:

During a Massachusetts roadblock, officers don’t have the benefit of observing your driving. They can’t say you were being erratic or reckless – because you have been funneled into a line along with all the other motorists. There is no probable cause for your stop.

As a result of this, these checkpoints tend to rely heavily on field sobriety test results, which are notoriously unscientific and inaccurate. Cases involving drug use are also more difficult to prove. That’s because drugs can’t be measured in a standard, alcohol breathalyzer test, and substances tend to have varied effects on people.

And finally, roadblocks must adhere to very strict rules, or risk running afoul of the Fourth Amendment, which protects against unreasonable search and seizure. When agencies fail to follow these guidelines to the letter, resultant arrests may not stand up in court. For example, officers have to determine ahead of time what strategy they will use to stop cars. They can’t simply do it at random. If they do end up pulling over cars at random, your attorney can argue that it’s a form of unreasonable search and seizure.

Given all of this, simply pleading guilty – without the advice of an experienced attorney – shouldn’t even be an option. Many drunk driving arrests result in not guilty verdicts, and this is never truer than when dealing with charges stemming from a law enforcement roadblock or sobriety checkpoint in Massachusetts.
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At least six more OUI arrests in Massachusetts have occurred along Route 24 since authorities announced increased enforcement in the wake of a string of serious and fatal traffic accidents. Motorists can expect DUI roadblocks and other drunk driving enforcement measures through the upcoming Labor Day weekend.

The Boston Herald reported the arrests over the weekend raise to 33 the number of drunk driving arrests in Southern Massachusetts since the increased enforcement began a month ago.

As we reported recently on our Massachusetts DUI Attorney Blog, authorities increased enforcement after more than 630 crashes claimed 11 lives and injured countless others last year. That averages out to more than two crashes a day.

The Express-Times reports rising gas prices are not expected to impact Labor Day travel. AAA reports prices are up about 40 cents since July 1, though that’s still 22 cents a gallon lower than the peak price in April. Gas is expected to average $3.75 a gallon nationwide and more than 85 percent of travelers are expected to drive to their destination. The Boston Globe reports some 33 million travelers will hit the nation’s roads.

Labor Day is the last of the trio of summer holidays (Memorial Day and Fourth of July), that see the most travel, the most arrests for drunk driving, and the highest number of serious and fatal traffic accidents.

When law enforcement targets an area for drunk driving enforcement, or conducts increased enforcement periods around travel holidays, a number of consequences may result.

-Officers on the lookout for drunk drivers, typically find them. No surprise there. But the predisposition to making a stop or initiating a DUI arrest may give rise to an arrest even though the evidence would be insufficient to prove the case beyond a reasonable doubt if brought to trial. Increased enforcement means that police officer may arrest individuals who drank responsibly but simply could not perform balance and coordination test requested by the officer.

-Authorities may not conduct sobriety checkpoints or law enforcement roadblocks in accordance with the law. In fact, arrests in the wake of such stops typically provide more avenues of challenge for an experienced Brockton OUI attorney.

-Auxiliary, volunteer or part-time personnel may be put on active road duty. These officers may lack proper training and recency of experience, which can give rise to a host of legal challenges.

-Motorists may be unfairly targeted leaving concerts, venues or events.

Most motorists understand drunk driving is no longer a minor offense. However, those charged are also likely to have little experience with the criminal justice system. As such, they may fail to understand the seriousness of their situation. Job loss, jail time and lengthy driver’s license suspensions are all common results of a drunk driving conviction. And, financially, the cost of a drunk driving conviction nationwide can approach $20,000, counting skyrocketing insurance premiums, court costs, fines, supervision fees and other expenditures.

For repeat offenders, or for those involved in an accident, the consequences can be even more serious.

-OUI Serious Bodily Injury is punishable by up to 2.5 years behind bars and a mandatory two-year suspension of your driving rights.

-OUI Motor Vehicle Homicide is punishable by up to 15 years behind bars and a 15-year loss of your driver’s license.

Of course, your best option is to designate a driver, take public transportation, or find a sober ride home this weekend. But if you do end up under arrest, exercise your right to remain silent and contact an experienced defense lawyer in Massachusetts as soon as possible.
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Fleeing a Lawrence DUI roadblock has resulted in assault charges and complications for one man’s Massachusetts DUI defense team – not to mention it nearly got him killed.

Lawrence DUI defense lawyers understand that sobriety checkpoints are intimidating. While we have long challenged their legality and effectiveness, the fact is, for now they are legal and that isn’t likely to change anytime soon. However, there are solid defenses that an experienced Lawrence DUI lawyer can mount to weaken the credibility of the state’s case.

Additionally, cases involving Massachusetts DUI roadblocks are often tough for prosecutors anyway. That’s because when you’re stopped at a checkpoint, officers often have no proof that you were driving erratically. Plus, these operations rely a great deal on field sobriety tests. These are non-scientific and highly subjective measures by which law enforcement tries to prove a Lawrence DUI. Such “evidence” may not stand up in court.