OUI Norfolk Massachusetts Lawyer Jurisdiction Arrest

Commonwealth v. Jr. John

Facts:

An officer watched a pickup truck in a parking lot move in a fashion that attracted his notice. The truck was parked against the Westwind restaurant in Seekonk in a lot that was partially in Seekonk and partially in Attleboro. The officer began pursuing the defendant’s vehicle believing it to be an OUI vehicle. He followed him outside the territorial boundaries of his city and arrested defendant for driving under the influence in another jurisdiction. The Commonwealth of Massachusetts appealed the judgment of a trial court (Massachusetts), which dismissed the complaint against defendant for driving under the influence of alcohol on the ground that defendant’s arrest was unlawful.

OUI Norfolk Massachusetts Lawyer

Issue:

• Whether the trial court erred in dismissing the complaint against defendant for driving under the influence of alcohol on the ground that the defendant’s arrest was unlawful?

Discussion:

This court held that the words “brake heavily” convey the picture of a lurching vehicle, such as might be in the hands of a driver under the influence of alcohol. Those movements gave the officer reason to think the defendant was operating with his coordination impaired by drink. That impression received some reinforcement from the repetitive back and forth movements of the truck, suggestive of poor control, and from the circumstance that the defendant had emerged from a drinking spot. Suspecting drunk driving, Officer could follow the vehicle under observation once it crossed (about midway through the parking lot) into the neighboring town of Attleboro. The stop and arrest in Attleboro was lawful, and the evidence obtained at the stop and arrest should have been received. This court held that defendant had emerged from a drinking establishment, and the officer observed conduct that gave him reason to believe that he was under the influence of alcohol. Thus, the officer had reason to suspect that defendant was committing an offense for which he could be arrested, and the warrantless arrest of defendant outside the officer’s jurisdiction was lawful.

The Gilmore & Sris Massachusetts lawyers will do their best to help you with your OUI case. Contact a Massachusetts lawyer from our firm to discuss your OUI case.

A Massachusetts lawyer from our firm will talk with you about your OUI case in Massachusetts and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have a client meeting location in Cambridge.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.