OUI Quincy Massachusetts Lawyer Motor Vehicle Public Way

Commonwealth v. Jerold K

Facts:

Defendant was operating a motor vehicle on a public way when he saw flashing blue lights behind him. He pulled his car to the side of the road. A deputy sheriff dressed in a uniform and conspicuously displaying a badge came to the driver’s window and asked for defendant’s license and registration. About three minutes later a police officer arrived, and took him into custody after defendant failed field sobriety tests. Defendant moved to dismiss the complaint, alleging that his arrest was illegal. The court denied his motion, and he challenged the decision Defendant filed an appeal from the decision of the Supreme Judicial Court (Massachusetts), which convicted him of operating a motor vehicle while under the influence of intoxicating liquor.

OUI Quincy Massachusetts Lawyer

Issue:

• Whether the trial court erred by dismissing the defendant’s motion to dismiss the complaint on the basis that his arrest was illegal?

Discussion:

The court affirmed and held that the authority of a deputy sheriff to make the arrest was recognized by statute. An officer “authorized to make arrests” who was in uniform or conspicuously displayed his badge of office may arrest without a warrant any person who the officer had probable cause to believe had operated or was operating a motor vehicle while under the influence of intoxicating liquor pursuant to Mass. Gen. Laws ch. 90, § 21. The court affirmed the judgment of the trial court, which convicted defendant of operating a motor vehicle while under the influence of intoxicating liquor.

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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.