Framingham District Court – Third OUI Offense
Commonwealth vs. M. J.
September 9, 2016
Framingham District Court
OUI Third Offense, Negligent Operation and Leaving the Scene of Property Damage
Coming home from the golf club someone called in that a car was swerving all over the road. The police attempted to find the car without success. However, they do see a car that was parked but steam was coming off the hood because it was raining. The police obtain the name of the person who the car was registered too along with his address. They go up the apartment knock, then arrest our client for OUI 3rd as he answered the door with a drink in his hand.
At the motion session we filed a motion to suppress which was allowed as there was no reasonable suspicion of criminal behavior nor probable cause to arrest our client.
The police were acting on a hunch and hunches are not allowed in the Commonwealth.
There was a great smile on our client’s face as the judge ruled on this matter ALLOWING the motion to suppress.