Alleged drunk drivers win a round in court

adamg — Fri, 16 Oct 2009 14:49:41 +0000

The Supreme Judicial Court ruled today that when an OUI suspect is given breath tests and police get back two different readings, police have to use the lower number.

Court again upholds legality of drunk-driving roadblocks

adamg — Thu, 23 Jul 2009 14:46:59 +0000

The Supreme Judicial Court has once again upheld the constitutionality of State Police roadblocks aimed at catching drunk drivers - and arresting them for any contraband they might have with them.

The court decided two sobriety-checkpoint cases today. In one, the court ruled that even though roadblocks involve "warrantless seizures" of both vehicles and their drivers, they are legal as long as they are "not arbitrary," are conducted quickly and are done according to a specific set of rules. In the second, the court ruled that sobriety checkpoints are not random sweeps for contraband - which is unconstitutional - and that police officers do not have to overlook any possible illegal items or activity when they initially check for drunkenness.

In the second case, the court ruled:

Nothing in our cases suggests that an officer participating in an initial lawful encounter with a driver must, or even should, turn a blind eye to contraband or evidence in plain view that provides reasonable suspicion that a crime has been, or is being, committed.

Complete rulings:

drunk driving

Alleged drunk drivers win a round in court

Court again upholds legality of drunk-driving roadblocks