The United States Constitution and the Massachusetts Declaration of Rights protects citizens from unreasonable searches and seizures. This means that police officers must have reasonable suspicion to stop a motor vehicle. The law allows Massachusetts Police Officers to stop a motor vehicle when the driver commits a motor vehicle violation. It prohibits random traffic stops and those based on “hunches” or anything less than specific and articulable facts which indicate that the driver has committed, is committing, or is about to commit a crime. 

The best Weston MA DUI lawyers will be able to thoroughly analyze the facts and circumstances of a DUI case to determine whether the DUI traffic stop was illegal or not. If the police lacked justification for the traffic stop, any evidence found as a result of the car stop will be suppressed. Suppression of the evidence results in a dismissal of the drunk driving charges. It is therefore, critical, in any operating under the influence case to have a lawyer who is adept at spotting suppression issues. The law in this area can be complicated and it is important to keep up on this ever-changing area of law.

Sometimes, drivers are stopped for drunk driving due to an anonymous tip. A driver may call 911 or the Mass. State Police to report an “erratic operator.” When this happens, in is sometimes possible to have the drunk driving evidence suppressed and the OUI charges dismissed. This is because the law generally requires that the police establish the caller’s basis of knowledge and veracity prior to stopping a motor vehicle based solely on an anonymous telephone call.

A skilled and experienced Weston MA DUI lawyer may find grounds for suppression which other less knowledgeable lawyers might miss. It is a true shame for a client to be convicted of drunk driving when there is a viable suppression issue.

Neither the courts nor the prosecutors will raise these suppression issues. Instead, it is up to the DUI defense lawyer to spot the issue and bring it to the court’s attention by filing a motion to suppress the evidence and a motion to dismiss the drunk driving charges.