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drunk driving

In Commonwealth v. Carkhuff, a case that was reported in the Wall Street Journal, Springfield Republican, Boston Globe, and other newspapers across the country, we argued that the State Trooper that pulled our client over did so illegally. On October 2, 2001 (shortly after 9/11) David Carkhuff was driving past the Cobble Mountain Reservoir. Unknown to him, the State Police had posted a trooper in the area of the reservoir to stop all traffic. The logic was that the reservoir was a possible terrorist target. Following his orders, he pulled Mr. Carkhuff over. After speaking with him, the trooper arrested Mr. Carkhuff for drunk driving. We successfully argued that the trooper’s stop of Mr. Carkhuff’s vehicle was without reasonable suspicion and that even if terrorism is a valid reason for a roadblock, the State Police did not follow roadblock requirements (such as public notice). The Commonwealth appealed the district court judge’s allowance of our Motion. The Supreme Judicial Court of Massachusetts upheld the suppression order.

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