Search of the vehicle may be at issue in recent Massachusetts OUI arrest brought in the Brookline District Court

A Massachusetts DUI charge was brought against Eric Raposo, after the Brookline police claim that he was weaving between the lanes, justifying the initial traffic stop. In some cases a good Massachusetts OUI lawyer can show a judge or jury that what the officer calls weaving between the lanes is nothing but an ordinary lane change or at time aggressive driving that does not demonstrate someone is under the influence of alcohol. The news account indicates that the police ask Raposo what level of education he completed prior to having him perform the field sobriety tests. This is very typical questioning and generally helps the motorist because it shows that the motorist understood the officers questions and gave an appropriate response. Additionally, there will be many places within the police report where there is additional questioning of a motorist. The booking information provided by the motorist is another opportunity for a Massachusetts OUI lawyer to show that the motorist was alert, responsive and capable of normal conversation that the officer understood. These details that the officer obtains from the motorist will contradict the officers claim, inevitable in almost all police reports, that the motorist had slurred speech. The Brookline DUI arrest` also raises a potential issue as to whether the search of the car was lawful. During the search of the car, the police found marijuana, an open container of alcohol and an ID that allegedly did not belong to the driver. Under the recent United States Supreme Court case of Arizona v. Gant, 556 U.S. ___ (2009), the police do not have an automatic right to search a vehicle as a search incident to arrest. When the police search a home or a car without a warrant, there is a presumption that the search is unreasonable unless some exception to the warrant requirement justifies the search. In this case, the warrant exception that would apply would be the inventory search exception, which requires the police department to present proof that the department had a policy and the search was conducted pursuant to that policy. DUI arrests in Massachusetts sometimes involve Constitutional defenses based on the 4th Amendment to the United States Constitution. In other cases, a defense may arise as a result of the officer improperly administering field sobriety tests or an attack on the scientific reliability of a breathalyzer test. Given the numerous ways to defend a DUI case and the serious consequences that result from a plea to a DUI charge, it is important to hire an experienced Massachusetts DUI attorney. Attorney DelSignore is easy to reach and available for a free consultation by calling 508-455-4755 or 781-686-5924. Call anytime to discuss your case; most calls are answered personally. You can also send an email through this website by filling out the contact form.

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