Michael Pacheco, 34, of Springfield, was arrested on his third Massachusetts Drunk Driving Charge after he was allegedly observed parking his car behind a dumpster at the Indian Orchard Plaza parking lot.
Pacheco has been charged with Operating Under the Influence of Drugs, 3rd Subsequent Offense and Resisting Arrest. He reportedly has been previously convicted of DUI / OUI Charges in 2006 and 2009.
Springfield Police officers reportedly first approached Pacheco because he pulled his car behind a dumpster. As the police approached him, Pacheco allegedly ran, and was later apprehended nearby. Once seized by police and questioned why he ran, Michael Pacheco allegedly stated that he did so because he was drunk.
Pacheco reportedly admitted to using cocaine, and a search of his car allegedly revealed several empty and full bottles of alcohol.
Notably, it does not appear that the Springfield Police Officers observed any indications of impaired driving from the manner Pacheco was driving his car, nor anything else to lead them to suspect that he was operating under the influence of drugs or alcohol. That he pulled in behind a dumpster in a public parking lot also could mean nothing in the analysis of this Massachusetts DUI case, particularly if there were no trespassing signs visible in the area.
From my perspective, it appears that Michael Pacheco has several grounds of defense in challenging his arrest. That the Springfield Police Officers did not observe Pacheco to be committing any crimes and there was no reason why they suspected him to be involved in any criminal activity, he potentially has a decent argument to constitutionally challenge the Search & Seizure of his person. The fact that Pacheco allegedly ran away upon the police approaching really means nothing, and without any reasonably suspicion that Pacheco was involved in any criminal activity, they were unjustified in pursuing him.
A successful legal challenge in this DUI case and calling into question the constitutionality of Pacheco’s arrest could ultimately result in any statements he allegedly made, as well as any evidence recovered in his car, being excluded from trial.
This case very much illustrates that there are many avenues to fight your Massachusetts OUI Charges, which is why you are best served to Consult with a Boston DUI Lawyer if ever charged with Operating Under the Influence of Alcohol or Drugs.
To schedule a Free Consultation, Click Here to Contact a Boston OUI Lawyer or call 617-325-9500.