In Massachusetts we are afforded certain protections under the United States Constitution and the Massachusetts Declaration of Rights. A police officer may only conduct an investigation if he or she has “reasonable cause” to do so. If the officer cannot explain why he or she suspects that you were violating some traffic law or operating under the influence, the stop was unconstitutional, and we may be able to get your case dismissed entirely.
Deciding what qualifies as “reasonable cause” can get pretty complicated. Speeding, broken lights, failure to use your blinker, erratic driving, expired plates or inspection, collision, loud exhaust or failure to obey traffic lights are all common traffic violations that the police may cite as reasons to have pulled you over. After approaching the vehicle, the officer may request that you perform field sobriety tests or submit to chemical testing like the breathalyzer. To request these actions from you, the police officer must have reasonable belief that you were drinking and driving. Police officers are trained to look for signs of intoxication such as alcohol containers in the vehicle, the smell of alcohol in the car or certain behaviors from the driver. Only if there are signs of intoxication can the police officer begin his or her OUI investigation. If the officer feels that you failed your field sobriety test or your chemical test, you will be charged with OUI.
If you or a family member has been charged with OUI, call KJC Law Firm in Worcester or Boston for a free consultation. We will tell you whether you have a defense and help you fight your case. We can investigate and analyze whether the initial stop of your vehicle by the police was in violation of your state or federal Constitutional rights. We have experienced attorneys who have defended numerous OUI cases, and a Constitutional Law professor to help analyze the legality of the initial stop. General family attorneys can be great for some things, but an OUI is serious and requires the knowledge and expertise of a lawyer specializing in OUI and constitutional law.
KJC Law Firm OUI attorneys represent people accused of OUI from communities all across Massachusetts, including the Greater Boston area, Cambridge, MetroWest, Worcester, Springfield, Cape Cod, Fall River and Lowell. Contact us today to set up a consultation.