Lowell District Court – OUI Arrest At State Police Roadblock
Commonwealth vs. J.K.
August 29, 2016
Lowell District Court
OUI Second Offense
Our client was out to dinner with his wife. He began driving home around 11:30 pm and was directed into the Pit after answering questions about drinking that night. He was charged with a OUI Second Offense.
We finally received the Roadblock documents – this is the policy and power giving the government the right to stop a person/car on the road for no reason.
It turns out that the language needed in order to ask questions was absent. After a three different hearings the motion was allowed.
The stop was not constitutional and everything from the initial stop was suppressed.
There were 19 people arrested at this Roadblock only four separate defendants joined in my motion all the rest plead out. When we file motions in these cases other lawyers begin to ask what we have for the sake of defending against the over reach of the government. We shared the knowledge.
Our client was so relieved once I showed him what the judge wrote on the side of the motion—no authority, no power and no reason for the support—ALLOWED.