Both the United States Constitution and the Massachusetts Declaration of Rights protect citizens from unreasonable searches and seizures. These constitutional principles sometimes come into play in drunk driving cases, where Massachusetts DUI attorneys file motions to suppress certain evidence which was obtained in violation of a DUI client’s constitutional rights. For example, the law clearly states that prior to stopping a car, the police must have “reasonable suspicion” that the driver of the car has committed, is committing, or is about to commit a crime. Absent specific facts and circumstances which indicate that criminal activity was afoot, or that the driver committed a motor vehicle violation, any evidence obtained as a result of the car stop must be suppressed. Good Wayland Mass. DUI attorneys will be able to spot suppression issues and file motions to suppress evidence obtained as a result of an unlawful car stop.

There are other legal factors which may render a DUI stop or seizure illegal. For example, in Commonwealth v. Limone, the Court suppressed evidence which was obtained in violation of a DUI defendant’s constitutional rights. In that Mass. DUI case, an off-duty police officer, whose personal vehicle had been struck by the Limone’s vehicle, and who suspected that Limone was under the influence of alcohol, first ordered the Limone to step out of his car, and then instructed him to get back in his car and to wait for the police. Also, the officer removed the keys from the ignition of Limones’ vehicle. The court ruled that the officer’s actions constituted a “seizure” implicating Limone's constitutional rights and the police officer had no legal authority, because he was operating outside of his jurisdiction.

In addition to suppressing evidence as a result of illegal stops, Wayland Massachusetts DUI lawyers can also suppress a DUI defendant’s statements which were the product of illegal questioning or otherwise obtained after certain of the client’s legal rights were violated. For example, people who are held in custody must be afforded their Miranda rights before they are questioned. Statements obtained in violation of a person’s Miranda rights must be suppressed. Also, those arrested for OUI are entitled to use the telephone at the police station and they must be informed of this right upon arrival. They are also entitled to an independent medical examination and to be promptly admitted to bail. A violation of these important DUI rights may result in suppression of potentially incriminating evidence. Massachusetts DUI Attorneys Brian E. Simoneau, Paul B. Wakins, and George E. McCarthy, Jr. are particular adept at spotting and successfully arguing suppression issues.

MOTIONS TO DISMISS DUI CHARGES & SUPPRESS EVIDENCE MUST BE TIMELY

In order to suppress incriminating evidence in a DUI case, the Massachusetts Rules of Criminal Procedure must be followed. These rules require that, in most instances, Wayland Mass suppression of DUI evidence matters be raised prior to the drunk driving trial. If your DUI lawyer fails to file a motion to suppress in a timely manner, the court may refuse to rule on the issue and suppress the evidence. Motions to dismiss and motions to suppress are generally considered waived if not raised in time. This underscores the importance of having a qualified and skilled DUI lawyer protect your legal rights.