As reported by the Newbury Port News, a man has appealed his guilty plea, in his fifth DUI charge, claiming that his plea was illegally obtained. The man will be facing the state Supreme Judicial Court judges in hopes that they will render a decision in his favor.
Plaistow, NH resident G.B., 51, claims that a police officer was out of his jurisdiction when he prevented him from leaving the parking lot of a Chinese restaurant in Amesbury.
Previously, the Merrimac officer had spied G.B. driving erratically on Route 110.
G.B.'s attorney, Geoffrey DuBosque, and Assistant District Attorney Erin H. Graydon, presented their arguments in the John Adams Courthouse. The judges will have up to 130 days to make their decision.
According to G.B. Merrimac officer C.S. detained him without having jurisdiction in that area – and therefore had no authority.
When an officer with the Amesbury police arrived on scene, approximately one minute later, G.B. was charged with DUI, possession of a class D substance to distribute, and distribution of a class C substance.
Officer C.S. has since become a member of the Amesbury Police Department.
Shortly before the arrest C.S was purchasing a soda when he noticed G.B. driving over the middle line of Route 10 west. C.S. then followed G.B., planning to pull him over once he entered Merrimac.
However, G.B. chose to make an abrupt turn into a restaurant's parking lot. C.S., claiming to be fearful that G.B.'s driving could potentially hurt someone, blocked G.B.'s vehicle into the parking lot with his own.
C.S.. then telephoned Amesbury police.
Merrimac and Amesbury have a signed mutual aid agreement, according to prosecutors, which succinctly allowed C.S. to use his authority to detain G.B.
In defense of C.S.'s actions, the Massachusetts Chiefs of Police Association issued this brief, "The action of the on-duty, out-of-jurisdiction police officer in simply blocking an apparently impaired motorist's vehicle in a parking lot until the local police arrived, even if the court were to find he was acing merely as a private citizen, was not an unreasonable seizure nor was he acting on behalf of the local police in doing so; therefore, there was no constitutional violation and any evidence obtained by the local police should not be suppressed."
The association further stated that ignoring the agreement between the two communities would make the roads more dangerous to motorists.
G.B. was indicted in Essex Superior Court, however his attorneys filed several motions – including suppression of evidence collected by the police – that prolonged the case. A superior Court judge denied the motion in April 2010. An appeal of that decision was denied by an appeals court judge later that November.
In February 2011 G.B. was found guilty of OUI fifth offense and possession of a class D substance. B.G. agreed to plead guilty to a similar OUI charge, and in exchange the conviction was dismissed by the state.
When B.G. was sentenced to 2 1/2 years in state prison, with three years probation, he filed for another appeal.
Contact a DUI attorney to help you defend yourself of charges relating to DUI, DWI, OUI or OWI. A DUI attorney will strive to help you avoid loss of driving privileges, jail time and heavy fines.