Northampton, MA

Amherst, MA: 413-549-0022

Judge Throws Out All Evidence In OUI Case.

Posted on : August 22, 2017, By:  Thomas

A police officer saw my client LEGALLY parked on the side of the road as the officer was driving by.  My client was doing nothing out of the ordinary and began driving away as the officer drove by.  The officer then turned around and followed my client and stopped him a quarter mile down the road.  He was eventually charged with OUI.  We challenged the stop of my client with a motion to suppress evidence, arguing that the police had NO reason to turn around and stop my client.  The judge agreed with my argument and found that the stop of my client was unlawful.  The “exclusionary rule” means that, because the judge found the stop to be unlawful, no evidence gotten as a result of the stop, can be used as evidence at trial…case dismissed.

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