OUI Defense Lawyer in Boston
Unlawful OUI Arrests
All law enforcement officers must abide by certain regulations and laws in regard to the manner in which a defendant is arrested, field sobriety tests are conducted and
breath or blood tests are administered. A single violation of a defendant's rights or a mistake may impact the validity of evidence in a case. Understanding the particular influence that an unlawful OUI arrest may have on a client's cases,
Boston OUI attorney Thomas A. Brant can approach your case with a strategy that will offer you the best opportunity at a positive result. If you were unlawfully arrested, he will use this to your advantage to challenge your charges and seek an acquittal or dismissal.
In order to make a lawful arrest, a police officer must have a valid warrant or must establish probable cause. In an OUI case, probable cause may be established based upon the officer's observations of the driver's behavior while operating the vehicle and after the stop, such as during field sobriety tests. Any statements the driver made at the time may also be used by the officer to establish probable cause for the arrest. The arresting officer must also read a defendant his or her Miranda rights, which inform a defendant of the right to remain silent and the right to an attorney. Some examples of what may contribute to an unlawful arrest may include:
- Failure to give Miranda warning
- Lack of evidence that the officer had probable cause to pull the driver over in the first place
- Failure to establish probable cause through field sobriety testing or the officer's observations of the driver
Were you unlawfully arrested? See how a Boston OUI attorney can use this to your benefit.
By carefully reviewing the circumstances of your case, a skilled lawyer can determine whether you were the victim of an unlawful arrest, using this to your benefit in order to seek to have your charges dropped or to secure a not guilty verdict.
Contact a Boston OUI lawyer today to discuss how an illegal arrest may affect your case.