The Massachusetts State Police has recently announced that a “sobriety checkpoint” will be implemented this Memorial Day Weekend, beginning Saturday, May 29, 2010 going into Sunday, May 30, 2010. The roadblock will take place on a secondary state highway in Barnstable County. Barnstable County is comprised of the entire geographic area known as Cape Cod, which stretches from Bourne to Provincetown, and includes Falmouth, Mashpee, Hyannis, Dennis, Harwich, Chatham, Eastham, Orleans and Wellfleet. Barnstable County does not include the islands of Martha’s Vineyard or Nantucket. This checkpoint may not be the sole operation that the State Police undertake over the 2010 Memorial Day Weekend. Please check back with us often for any updates.
The State Police often team up with local law enforcement when operating these checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education.
In 2009, the constitutionality of these checkpoints was again called into question, but the Massachusetts Supreme Judicial Court rejected the challenge. However, the police must strictly comply with the many requirements that the Court has outlined, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.
If you are arrested following a roadblock or “sobriety checkpoint,” contact an attorney who knows how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.