Our firm had a case in the Framingham District Court where we challenged the validity of the stop, saying that they didn’t have probable cause to waive the client into the second area.
Fighting the case at trial based on the knowledge that you did nothing wrong, and the police never saw you do anything wrong before questioning you. Contesting the validity of the stop, or the roadblock procedures used in your case. Winning an OUI case from after a field sobriety checkpoint stop and subsequent arrest The procedure must be explicit.ĪLERT: Massachusetts State Police will hold a Sobriety Checkpoint in an undisclosed Hampden County location sometime tonight. The bottom line is, the cops can’t just pick cars whichever cars they want to investigate out of the checkpoint. Colloquially, we use the word random to mean not selected specifically by choice. In this context, “the selection of the vehicles will not be arbitrary” is a strange way of saying you are not being selected “based on random choice or personal whim” of an officer, but by a specific, unbiased procedure, e.g., “every 4th vehicle”. Legalistically, random is defined as unknowable, or without definitive aim or purpose. It will be operated during varied hours, the selection of vehicles will not be arbitrary, safety will be assured, and any inconveniences to motorists will be minimized with advance notice to reduce fear and anxiety. The purpose is to further educate the motoring public and strengthen the public’s awareness to the need of detecting and removing those motorists who operate under the influence of alcohol and/or drugs from our roadways. The standard, boilerplate police notification language is as follows: The procedure for cars they designate to investigate and interrogate must be specific and selected without any officer’s discretion. 
The purpose for the checkpoint must be explicit.They must be publicly “announced” in advance.How field sobriety checkpoints operate under the law in Massachusetts
Secondly, even if the road block is valid, the police have to prove that you were waved into the secondary area in accordance with the rules.First, they police must follow certain very specific legal guidelines and prove that the road block is valid in the first place.The fact that you were stopped at a road block raises some constitutional issues, and you can just challenge the validity of the checkpoint. But the good news is that, generally, these cases can be easier to win in court that typical OUI stops where the police pull you over specifically and individually. It is frustrating and embarrassing to be arrested in a DUI roadblock, or “sobriety checkpoint”, as they call them by legal definition.
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