MA OUI Charge Dismissed

Police responding to report of domestic disturbance where female is reportedly highly intoxicated and leaving the scene in a black pick up truck. One police officer en route radios a second officer en route to stop a different vehicle because he thinks it contains the female party reportedly involved in the domestic. Police stop the car not matching the description given by 911 caller. Driver charged with OUI. The Officer that recognized the driver does not appear for hearing on defense Motion to Suppress. His statements to second Officer must be excluded because exception to hearsay rule would violate defendant’s right to confrontation under Sixth Amendment and recent U.S. Supreme Court decision. Motion To Suppress allowed. OUI charge dismissed.

29 years of Proven Results.

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