Peter Madge must have breathed a huge sigh of relief last week when a judge in Plymouth County Massachusetts dismissed a fifth offense DUI case against him on constitutional grounds. Last July a 911 caller reported seeing a car being operated erratically. When officers located the vehicle they found Madge sitting in a car that was partially in a driveway. There was an open can of beer in the console and the engine was running. Madge denied the erratic operation of the vehicle. Police reported that Madge smelled of alcohol, was unsteady on his feet and had red glassy eyes. Madge also failed the field sobriety tests. Once Madge was arrested a quantity of marijuana was found in his possession as well. Following a motion to suppress, a judge ruled that the police had no reason to stop Madge since they never witnessed his erratic operation of the vehicle. The case now stands dismissed.
One of the best ways to get a case dismissed is by filing a motion to suppress an unlawful stop, search and seizure. Police are obligated to honor a suspect’s constitutional rights at all times. When they do not lawyers usually file motions to suppress. These motions challenge the legality of the police actions. When these motions are successful the evidence that the police have obtained through the unlawful search and seizure is suppressed, meaning that the district attorney cannot use it in court. Many times, without this evidence the prosecution cannot go forward with the prosecution of the case and the charges get dismissed. That is in fact what happened in this case. Madge was smart enough to hire a good lawyer who filed a motion to suppress. An intelligent judge who understands and readily applied the law allowed that motion. The prosecution now cannot proceed with its case.
Attorney Stephen Neyman has won countless cases over the past twenty plus years through motions to suppress evidence. If you have been charged with a OUI in Massachusetts and you question the legality of the stop of your car call us now to discuss your case. We can be reached twenty four hours per day seven days per week at 617-263-6800 or you can contact us online.