Massachusetts drunk driving cases usually begin with a simple traffic stop. Some of these stops may be legal, while others may not be. Both the U.S. Constitution and the Massachusetts Declaration of Rights require that police officers have reasonable suspicion to stop or approach a vehicle. Effective DUI lawyers are aware of this and can sometimes successfully challenge the grounds for the drunk driving stop. If the lawyer can convince a judge that the police lacked reasonable suspicion, the charges will be dismissed.
Mere suspicion of a violation is not an adequate justification for a DUI car stop. The police must be able to point to concrete, specific, and articulable facts which form a reasonable suspicion of a violation prior to stopping a car.
Upon reviewing a DUI police report and interviewing the client, a good DUI lawyer can quickly assess the viability of a motion to suppress and accompanying motion to dismiss for lack of reasonable suspicion for the DUI stop. Both the Massachusetts Appeals Court and Supreme Judicial Court have ruled that “Reasonable suspicion may not be based on good faith or a hunch, but on specific, articulable facts and inferences that follow from the officer’s experience.” DUI Attorneys can use rulings such as this to suppress evidence and get DUI charges dismissed.
If you were arrested for DUI in Massachusetts under questionable circumstances, call 508-656-0057 today, to have a Mass. DUI attorney review your case for free.
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