DUI Checkpoint This Weekend: What Are Your Rights?

Thursday, April 03, 2014

Nicholas Handy, GoLocalWorcester Contributor

A sobriety checkpoint (also known as a DUI checkpoint) will be set up by the Massachusetts State Police in Worcester County this weekend at undisclosed locations and times on Saturday April 5th and Sunday April 6th.

Sobriety checkpoints have been a consistently debated issue throughout the nation and different states have varying perspectives on the issue. Currently 12 states – Rhode Island being the only New England state – view these checkpoints as illegal under a statute or the interpretation of the State or Federal Constitution.

The legality of these checkpoints have been challenged in every state including Massachusetts, but the State Police points to them as an effective way to pull drunk drivers off the streets.

“On average, checkpoints result in anywhere from a half dozen arrests on the low end to close to 20 on the high end,” said Dave Procopio, a spokesperson for the Massachusetts State Police. “We have found checkpoints to be an effective tool in our overall approach to combating impaired driving.”

Laws and Regulations

Both the Fourth Amendment in the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights say that the police cannot stop someone without reason. Because of the 2009 Massachusetts Supreme Court case Commonwealth vs. Robert Murphy however, the state has still found sobriety checkpoints to be legal because in theory everyone who drives through it is stopped, therefore eliminating all bias from the situation.

The checkpoints themselves may be legal but strict guidelines have been put into place on a state level to make sure that no one is taken advantage of.

“The sobriety checkpoint has to be done in accordance with a set plan,” said Greg Benoit, a Worcester attorney and former assistant district attorney. “There are a lot of things that need to be followed or else it becomes a Constitutional issue.”

Police must make sure to check a set number of cars – for example every fourth car – and cannot deviate from the number that they set at any point during the checkpoint. When a vehicle is stopped, an officer or trooper is permitted to engage in a brief discussion to gauge the vehicle operator’s impairment level. If probable cause is determined for a potential OUI (Operation of a Motor Vehicle While Under the Influence of Alcohol) case, then the officer or trooper is allowed to direct the person to a pit area for additional screening.

At this point in the encounter, the officer or trooper in question is allowed to engage in further conversation to determine whether or not there is probable cause to conduct a field sobriety test.

If a person is charged with an OUI, the defendant in question is allowed to challenge whether or not the checkpoint was constitutional, which places the burden on the prosecutor to determine whether or not proper guidelines were followed.

Many DUI and OUI defense lawyers and attorneys say that a strong case for a trial can be possible because generally there is no evidence of erratic driving, especially when an officer or trooper directs the person in question to drive over to the pit area. Also, because the checkpoints rely heavily on a field sobriety test for an arrest, whether or not the driver in question was legally over the limit is debatable because of the unreliability of such tests.

The other portion of sobriety checkpoints that many debate is how much information the State Police is required to release when conducting a sobriety checkpoint. While the average citizen would hope to be completely informed as to the specifics of such checkpoints, laws dictate that not much has to be said.

“State police are required to announce the reasoning behind the sobriety checkpoint,” said Benoit. “All they are required to say is what county and what day they will be setting up the checkpoint; that is all the law requires them to say.”

Policing Drunk Driving

Sobriety checkpoints are one way that the Massachusetts State Police has attempted to crack down on drunk driving in the state. In 2012, Massachusetts ranked 28th in the nation with 123 alcohol impaired driving fatalities, down three from the previous year’s total.

The Massachusetts State Police conducts around 70 to 80 sobriety checkpoints per year in conjunction with local police and with grants provided by the National Highway Traffic Safety Administration and distributed through the state Executive Office of Public Safety and Security as an effort to cut down on these dead totals.

State Police are not required to disclose of the exact time and location of a sobriety checkpoint because doing so would compromise the checkpoint, but there is a certain logic that goes into setting a location and time.

“We usually conduct them on weekend nights or the nights before holidays,” said Procopio. “The location is chosen based on statistical information that indicates that the location where they are held is subject to a high volume of traffic and is part of an area that sees high numbers of OUI related crashes and arrests.”

Massachusetts State Police continue to enforce the sobriety checkpoints because they have been successful in both catching and deterring drunk drivers throughout the state. Procopio says that checkpoints are an effective way to gauge drunk drivers because each vehicle passing through the checkpoint is subjected to a threshold observation.

Giving the trooper or officer a brief period to engage in brief conversation allows for visual observations to be made about the driver’s impairment that may not be seen while driving. If the trooper or officer believes probable cause exists for a more detailed examination, they are permitted to wave the car over to a pit area for a more detailed analysis which usually comes in the form of a field sobriety test.

“We certainly hope that they are a deterrent, but they are primarily effective because every car going through the checkpoint is subject to a threshold observation by a trooper or officer,” said Procopio. “We have found checkpoints to be an effective tool in our overall approach to combating impaired driving.”

Support for Checkpoints

While a call to action against drunk driving is a concept that nearly anyone can support, there are still those who cite privacy concerns as a major issue. Anyone driving through a sobriety checkpoint may be concerned about privacy and a warrantless search and seizure but MADD (Mothers Against Drunk Driving) Massachusetts spokesperson David DeIuliis says that people who don’t drive under the influence have nothing to worry about.

“I don’t think that there are any disadvantages to sobriety checkpoints,” said DeIuliis. “If you are not drunk, going through one of them is a pretty painless experience. I have been through a few myself and they don’t oppose that much of a delay either.”

MADD is one of the many organizations throughout the United States that is committed to eliminating drunk driving and other alcohol related issues by imposing stricter laws and regulations. DeIuliis stated the MADD has no opposition to the sobriety checkpoints because they are there to target people who are driving drunk; the average person driving through shouldn’t feel any intimidation.

DeIuliis also pointed to these checkpoints as a great collaboration between the state and local police and that although there are laws and regulations in place to combat drunk driving, an increased police presence is one of the best ways to pull drunk drivers off the street, whether by deterrence or an arrest.

“We whole-heartedly support sobriety checkpoints,” said DeIuliis. “In the past eight to 10 years a huge number of the have been done; they do an excellent job of taking drunk drivers off the streets. They are just a fantastic way to combat drunk driving; I really don’t see a downside.”

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On Sunday, March 9, 2014 members of the Operations Division, Detective Bureau, Vice Squad, Street Violence Prevention Team and the Gang Unit were assigned to the area around Park Avenue during the St. Patrick's Parade.

Worcester Police received information that 20-year-old Theodore Sullivan threatened another individual with a handgun during the parade. Officers saw Mr. Sullivan walking in a group heading North on Park Avenue. The group approached the area of Park Avenue and Winfield Street.

Mr. Sullivan discarded the handgun as police approached him. Officers observed the handgun in the grassy area directly in front of Mr. Sullivan.

Mr. Theodore Sullivan, 20, 82 Laurel Wood Road, Sterling, was charged with Assault with a Dangerous Weapon, Carrying a Firearm without a License and Use of a Firearm During the Commission of a Felony.

A juvenile male and a male identified as 18-year-old Joseph Terven of Worcester were both with Mr. Sullivan. The two teens were uncooperative and caused a disturbance. As a result of their actions pedestrian traffic had to be stopped. The pair became increasing combative with officers.

Mr. Joseph Terven, 18, of 80 Mulberry Street, Apartment 1, Worcester was charged with Disorderly Conduct and Disturbing the Peace.

The juvenile of Worcester was also charged with Disorderly Conduct and Disturbing the Peace.

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Juvenile Driver Identified and Arrested for Hit and Run Pedestrian Accident

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Worcester Police responded to the area of 165 Belmont Street for a report of a pedestrian accident on February 28. Upon the officers' arrival they observed a 23-year-old female victim suffering from head, leg and arm injuries.

The victim was transported to U-Mass Medical Center (university campus) for treatment and is currently listed in serious condition.

The preliminary investigation indicated that the pedestrian was attempting to cross Belmont Street when she was struck in the west bound travel lane. The vehicle that struck the pedestrian failed to stop and fled the scene prior to police arrival. The suspect vehicle was described as a gray/silver sedan with damage to the passenger front fender.

The Worcester Police Accident Reconstruction Team was called to the scene to investigate.

On Sunday, March 2, 2014, investigating officers interviewed the operator of the suspect vehicle at Worcester Police headquarters. The operator of the vehicle is a 17-year-old juvenile male. As a result of information obtained during the interview, the juvenile was issued citations for Leaving the Scene of a Personal Injury, Negligent Operation of a MV to Endanger, Failure to Slow for a Pedestrian in a Roadway and a Junior Operator License Violation with regard to a Passenger Restriction.

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3 Street-Level Heroin Dealers Arrested

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Officers obtained a search warrant for this apartment located at 6 Mott Street. Inside the apartment were two individuals identified as 23-year-old Neftali Cruz and 19 year-old Jan Carlos River-Maldonado. A search of the apartment revealed 71 knotted bags of heroin weighing approximately 30 grams. Officers also seized $999 cash and paperwork.

Victor Diaz, 27, of 6 Mott Street, Apartment 1, Worcester was charged with Trafficking in Heroin, 14-27 Grams, Possession of Class A Substance with Intent to Manufacture, Distribution of Class A Substance and Conspiracy to Violate the Controlled Substance Laws.

Neftali Cruz, 23, of 157 Chandler Street, Apartment 2, Worcester, was charged with Trafficking in Heroin, 14-27 Grams, Possession of Class A Substance with Intent to Distribute and Conspiracy to Violate the Controlled Substance Laws.

Jan Carlos Rivera-Maldonado, 19, of 6 Mott Street Apartment 3, Worcester was charged with Trafficking in Heroin, 14-27 Grams, Possession of Class A Substance with Intent to Distribute and Conspiracy to Violate the Controlled Substance Laws.

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As a result of this operation the following were arrested just prior to area school openings:

Daniella Dahlstedt, 39-years-old of 162 Chandler Street, Worcester. Charged with Common Street Walker.
Amanda Sexton, 24-years-old of 1 West Street, Worcester. Charged with Common Street Walker.
Kelly Mendes, 46-year-old of 17 Hollywood Street, Worcester. Charged with Common Street Walker.
Danielle Hamalainen, 30-years-old of 25 Queen Street, Worcester. Charged with Sexual Conduct for a Fee and on an outstanding arrest warrant for Assault and Battery.
Josephine Mangual, 52-years-old of 2 Oread Street, Worcester. Charged with Common Night Walker.

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The target of the search warrant was for 20-year-old Alisa Perodeau and 22-year-old Richard Afutu. At approximately 5:15 AM, members of the Worcester Police S.W.A.T. Team made entry into the third floor apartment. Ms. Perodeau and Mr. Afutu were located and secured.

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Worcester Police were dispatched to the area of 17 Chandler Street for a report of gun shots. Officers were informed that a 44-year-old female was shot in the head with a BB gun while driving in her vehicle. The victim was stopped in traffic with her window rolled down when the incident occurred. Upon arrival, officers found a 53-year-old male victim who was shot by a BB gun in the head and shoulder. He was shot while walking in front of an alley on Chandler Street. Police were informed that another female was shot in the leg but left the scene prior to their arrival.

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The paramedics were called to evaluate the victims. Both victims were taken to a local hospital to be treated for non-life threatening injuries.

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Worcester Police responded to 185 Madison Street, the Gulf Gas Station, for a report of a fight inside. The first officer to arrive observed several people outside the business. People were standing out in the parking lot and appeared to be scared. Officers were told by the crowd that a male was just shot inside the store and that the person who did it was still there.

Police secured the perimeter and were able to look inside the business. The officers observed a male victim on the floor. The store clerks were still inside. Police also observed a female grabbing onto the suspect preventing him from leaving the store. The store had several display cases knocked over and food scattered on the floor. The female noticed the police and yelled out that the suspect had just shot her friend.

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The victim was transported to a nearby hospital and released after treatment.

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Police seized a total of $75,717 in cash and approximately 644 grams of heroin which has a street value of approximately $120,000, a stolen handgun and two vehicles.

On Saturday, March 8, 2014 members of the Worcester Police Vice Squad obtained a search warrant for 17 Shale Street. The search warrant was the result of a year-long joint investigation involving the Worcester Police Department, the Massachusetts State Police and the Worcester County District Attorney’s Office of Joseph Early. This investigation involved wiretaps, surveillance and controlled buys. The target of the search was 28-year-old Gabriel Texidor-Ramos of 100 Chester Street, Fitchburg, MA. At approximately 2:00 PM the Vice Officers executed the warrant for the second floor apartment.

Police forced their way into the apartment; the front door swung open and struck a glass table. There was a large amount of cash on the table which scattered in the air as officers rushed the apartment. Police immediately identified the target present in the apartment. Both the target and a second male, later identified as Ramon Martinez-Perez, 20-years-old of 16 East 208th Street, Bronx, NY, attempted to flee by running out the rear door. As the two were running the officers observed Mr. Ramos attempt to hand Mr. Perez a large plastic bag which fell to the floor. At this time Mr. Ramos attempted to punch one of the officers. A struggle ensued but he was eventually placed in handcuffs.

The plastic bag that fell to the ground contained 309 grams of heroin. The money that was tossed from the glass table amounted to $7,597.

Mr. Perez managed to make it to the rear porch but was apprehended and placed under arrest.

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