Legal Question in DUI Law in Massachusetts

My boyfriend recently got a DUI, he hit a tree but drove away and made it to our driveway. None of the cops saw this happen nor were there any witnesses. The cop spotlighted him in our driveway after his keys were out of the ignition and he was just standing there. They didn't even see him pull in. He then arrested him in our driveway. Is this legal because on the report they said they saw him driving and they never did not did they read him his rights?


Asked on 4/25/13, 6:56 am

2 Answers from Attorneys
Daniel Hynes Law offices of Daniel Hynes

The police need to prove operation. They only need probable cause to arrest, but must prove it beyond a reasonable doubt in the criminal case. It can be difficult to show a cop lied in a police report. A trained lawyer who handles OUI will probably be best able to help you. - Attorney Hynes, the MA DUI GUY

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Answered on 4/25/13, 8:32 am
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

True that the Police need on PC to arrest, which in this case they would have. However, could they prove the case beyond a reasonable doubt-in my opinion I dont beleive that they coud outside of any new evidence. You can contact me at anytime at 774-745-0562 to discuss.

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Answered on 4/25/13, 11:22 am


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