If You Have Been Stopped at a OUI/DUI Checkpoint
Massachusetts police have a strategy for setting up OUI/DUI checkpoints; they choose heavily traveled roads, often late at night, and these roads are typically located near bars and restaurants. The create OUI/DUI checkpoints and, at these roadblocks, they pull over cars, ask questions and make arrests for drunk driving.
If you are pulled over at an OUI/DUI checkpoint, you should know that even when you are stopped at a police roadblock, your constitutional rights are still in place. Although most police actions come with an inherent air or respectability and propriety, there are still rules that govern the establishment of OUI/DUI checkpoints. They cannot be arbitrary, capricious or discretionary. They cannot be based on race, the number of passengers you are carrying, your looks or the quality of your car — although an investigation often reveals that these are the exact reason some people are stopped instead of others.
I am Steven W. Panagiotes, Attorney at Law, and for nearly two decades, I have been representing people charged with crimes in Massachusetts. At my Fitchburg law firm, I often represent clients who have been stopped at roadblocks and subsequently charged with OUI. I help them build a strong criminal defense that reduces or eliminates the consequences of the arrest.
Under Massachusetts law, the police are required to disclose the occurrence of a DUI checkpoint before it happens, either by putting notice in the newspapers or broadcasting it on the radio. Unfortunately, this does not always happen; failure by the police to properly publicize their plans for a roadblock is a viable defense against charges that result and should be aggressively investigated.
Massachusetts police often commit many other errors at DUI/OUI roadblocks. When I take your case, I investigate every fact and law that may affect your case. I look in-depth into the stop itself to make sure that the police acted legally. I also look at the field sobriety tests administered, any breathalyzer or blood test results and related police reports, looking for any evidence to support your defense.
Get Started on Your DUI/OUI Defense. Contact My Fitchburg Law Firm.
The important thing is to get started right away. Contact Steven W. Panagiotes, Attorney at Law, by calling me at 978-342-4444 to schedule a free and confidential consultation with a lawyer about your experience at a sobriety checkpoint. You may also contact me online.
