Legal Question in DUI Law in Massachusetts

What is considered a legal stop by a police officer? I recieved an oui, not actually driving the vehicle on private property


Asked on 3/13/12, 7:37 am

1 Answer from Attorneys
Christopher B. Coughlin Coughlin Law Group, PC

That's a very broad question. The real answer is, whether he had the right to stop you or not, if you were not driving the car and it was on private property it would be impossible to convict you. The elements of an OUI are 1) Operation; 2) Impairment; and 3) Public Way. If your version of the events is true, they would fail to satisfy two of the three elements. That would mean an acquittal.

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Answered on 3/13/12, 10:24 am


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