The best Massachusetts DUI lawyers are keenly aware of the limitations on a police officer’s authority to stop a vehicle for operating under the influence. In some cases, drunk driving attorneys can successfully challenge the OUI stop and have evidence suppressed, which means that it will be excluded from the drunk driving trial. This often leads to dismissal of the DUI charges or a not guilty verdict.
Subject to a few exceptions, a local Massachusetts police officer’s authority to stop vehicles is usually limited to the city or town which employs the officer. Smart DUI lawyers are often able to use this limitation on police authority to get favorable results in drunk driving cases. In recognition of this, Boston City Councilor Robert Consalvo has filed a bill which, if passed, would allow Boston or Dedham police officers to exercise police authority and stop vehicles on suspicion of DUI 500 yards past the border between Boston and Dedham. Similar legislation has been enacted which allow police officers from Boston, Brookline, and Newton to make arrests in the vicinity of the City and Town lines.
Apparently, arrests made by Boston and Dedham police officers, have been thrown out of court because they occurred outside of the arresting officer’s legal jurisdiction. The Dedham Police Chief supports the legislation and claims that the borders between Boston and Dedham are sometimes confusing.
If you have been arrested for DUI in one community by a police officer from another community, you should contact a DUI attorney to review your case. You may have a winning defense and your drunk driving arrest may be invalid as a matter of law.
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