Monday, March 31, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating Influence
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been charged
with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Fisher v.
Commonwealth
Facts:
Defendant was
convicted in Boston of operating a motor vehicle under the influence (OUI),
operating a motor vehicle to endanger, operating an uninsured motor vehicle,
and operating an unregistered vehicle, following the denial of his motion for a
required finding of not guilty. He moved for a new trial claiming ineffective
assistance of counsel under Mass. Const. Decl. Rights art. XII and the Sixth
Amendment, U.S. Const. amend. VI.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- he Massachusetts Supreme
Court has made its determination that drug certificates are testimonial
based on a number of factors: (1) the documents are sworn to by the
laboratory analysts before a notary public; (2) they are prepared as a
finding of fact in preparation for trial; and (3) the documents, which
establish prima facie evidence of the composition, quality, and net weight
of the substance are essentially, functionally identical to live, in-court
testimony, doing precisely what a witness does on direct examination.
These factors lead to the conclusion that the affidavits are made under
circumstances which would lead an objective witness to believe that the
statement would be available for use at a later trial. The Supreme Court
also has noted its concern with the possibility that laboratory analysts
may feel pressured to alter evidence in a manner favorable to the
Commonwealth.
- The Massachusetts
Registry of Motor Vehicles is an independent agency of the state charged
not only with keeping complete records of the status of drivers' licenses,
but also with keeping complete records of any convictions of persons
charged with motor vehicle violations, rendering the maintenance of those
records independent from a prosecutorial purpose and admissible as
evidence.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
Saturday, March 29, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating Influence
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Albert v.
Commonwealth
Facts:
Defendant was convicted
in Boston of operating a motor vehicle under the influence (OUI), operating a
motor vehicle to endanger, operating an uninsured motor vehicle, and operating
an unregistered vehicle, following the denial of his motion for a required
finding of not guilty. He moved for a new trial claiming ineffective assistance
of counsel under Mass. Const. Decl. Rights art. XII and the Sixth Amendment,
U.S. Const. amend. VI.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Although a police
officer witness may not opine as to operation, he may offer an opinion as
to whether the defendant was under the influence.
- The Massachusetts
Supreme Court has made its determination that drug certificates are
testimonial based on a number of factors: (1) the documents are sworn to
by the laboratory analysts before a notary public; (2) they are prepared
as a finding of fact in preparation for trial; and (3) the documents,
which establish prima facie evidence of the composition, quality, and net
weight of the substance are essentially, functionally identical to live,
in-court testimony, doing precisely what a witness does on direct
examination. These factors lead to the conclusion that the affidavits are
made under circumstances which would lead an objective witness to believe
that the statement would be available for use at a later trial. The
Supreme Court also has noted its concern with the possibility that
laboratory analysts may feel pressured to alter evidence in a manner
favorable to the Commonwealth.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
Friday, March 28, 2014
Massachusetts OUI Law Cambridge Attorneys Intoxicating Liquor
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Waters v.
Commonwealth
Facts:
Defendant was
charged with operating a motor vehicle while under the influence of
intoxicating liquor (OUI). The Cambridge Division of the District Court
Department (Massachusetts) ruled that as a breathalyzer test was given more
than one hour after defendant last drove, the Commonwealth had to introduce
expert testimony on retrograde extrapolation as a prerequisite to the admission
of the test results. The Commonwealth appealed.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- A breathalyzer test
result in the range of .08 or greater, acquired within a reasonable time
after operation, is as relevant to a jury's determination whether the
defendant was operating a motor vehicle with a .08 blood alcohol level in
violation of the law, as a similar result was previously relevant to a
jury's determination whether the defendant was operating a motor vehicle
with a blood alcohol level of .08 or greater, on which they could have
permissibly inferred that he was operating while under the influence of
intoxicating liquor in violation of the law. Prior holdings that a time
delay between the operation of a motor vehicle and the administration of
the test goes to the weight the jury might afford the test results and not
on their admissibility, are similarly applicable. Expert testimony on
retrograde extrapolation is not a prerequisite to the admissibility of
breathalyzer results in prosecutions for operating a motor vehicle while
under the influence of intoxicating liquor.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Wednesday, March 26, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating Influence
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Richard v.
Commonwealth
Facts:
Defendant sought
review of convictions in Boston for operating a motor vehicle while under the
influence (OUI) of intoxicating liquor, operating negligently, and leaving the
scene after causing property damage, before the District Court Department
(Massachusetts), which denied defendant's motions to dismiss the charges of
operating a motor vehicle negligently and operating under the influence and for
a new trial
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Where a police officer
has reason to believe that a defendant is operating a motor vehicle while
under the influence of intoxicating liquor or operating negligently so as
to endanger, both arrestable offenses, the officer is entitled to follow
the vehicle across the boundary of his territorial jurisdiction in
"fresh pursuit" and there to arrest the defendant.
- The court reasoned that
the fact that the offense was not committed in the arresting officer's
immediate presence was immaterial because the offense was committed in his
fellow officer's presence. The arresting officer, as a result of the radio
communication, which he heard within his jurisdiction, had reason to
believe that the suspect had committed an arrestable offense. And the
extraterritorial arrest was valid because the arresting officer crossed
the jurisdictional boundary in the course of a fresh and continued pursuit
of defendant.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Tuesday, March 25, 2014
Massachusetts OUI Law Traffic Attorneys Boston Influence Intoxicating Liquor
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Walter v.
Commonwealth
Facts:
The board of
appeal on motor vehicle liability policies and bonds upheld defendant
Massachusetts Registrar of Motor Vehicles revocation of plaintiff driver's
license until January 5, 2016 because he had been convicted in Connecticut of
his third driving a motor vehicle while under the influence of intoxicating
liquor (OUI) offense. The Boston Superior Court Department (Massachusetts)
upheld the board's decision. The driver appealed..
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Along with its
neighboring sections, Mass. Gen. Laws ch. 90, § 24, governs the licensing
consequences of driving while intoxicated. With certain exceptions, §
24(1)(b) requires the registrar to revoke the driver's license of anyone
convicted of driving a motor vehicle while under the influence of
intoxicating liquor (OUI) in violation of § 24(1)(a)(1)..
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Friday, March 21, 2014
Massachusetts OUI Law Boston Attorneys Intoxicating Liquor
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Welsh v.
Commonwealth
Facts:
Defendant was
convicted in the Boston Division of the District Court Department
(Massachusetts) of negligently operating a motor vehicle and operating a
vehicle while under the influence of intoxicating liquor (OUI), in violation of
Mass. Gen. Laws ch. 90, § 24, and two civil motor vehicle infractions. After a
jury-waived trial, he was found guilty of OUI, third offense. He appealed his
convictions.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Where a defendant fails
to object to a trial court's failure to provide a requested jury
instruction, an appellate court reviews to determine whether the alleged
error created a substantial risk of a miscarriage of justice.
Mass.R.Crim.P. 24(b). In determining whether the failure to give an
instruction created such a risk, the following test is applied: (1)
whether the Commonwealth presented a strong case against the defendant;
(2) whether the error is sufficiently significant in the context of the
trial to make plausible an inference that the jury's result might have
been otherwise but for the error; and (3) whether it can be inferred from
the record that counsel's failure to object was not simply a reasonable
tactical decision.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
Thursday, March 20, 2014
Massachusetts OUI Law Traffic Attorneys Alcohol Influence
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Brown v.
Commonwealth
Facts:
The Boston
Division of the District Court Department (Massachusetts) convicted defendant
of operating a motor vehicle while under the influence of alcohol (OUI), fourth
offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (2003). Defendant appealed.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Trial of a subsequent
operating a motor vehicle while under the influence of alcohol offense
entails two separate proceedings. Mass. Gen. Laws ch. 278, § 11A. The
defendant is tried first for the crime presently charged and, if guilty,
then he is entitled to a separate trial of the issue of conviction of
prior offenses. Prior convictions must be proved beyond a reasonable
doubt, even though a prior conviction is not formally an element of the
crime for some purposes, because Mass. Gen. Laws ch. 278, § 11A, expressly
requires trial of the issue of conviction of a prior offense, subject to
all of the provisions of law governing criminal trials.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Tuesday, March 18, 2014
Massachusetts OUI Law Traffic Attorneys Boston Breath Test
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Georgina v.
Commonwealth
Facts:
Defendant
appealed from the Supreme Judicial Court in Boston (Massachusetts), which
denied her motion to dismiss plaintiff Commonwealth's complaint alleging that she
operated a motor vehicle while under the influence (OUI) of intoxicating liquor
in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1994).
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Mass. Gen. Laws ch. 90,
§ 24(1)(f)(1) (1994), provides, in pertinent part that whoever operates a
motor vehicle upon any way or in any place to which the public has right
to access, or upon any way or in any place to which the public has access
as invitees or licensees, shall be deemed to have consented to submit to a
chemical test or analysis of his breath or blood in the event that he is
arrested for operating a motor vehicle while under the influence of
intoxicating liquor. Such test shall be administered at the direction of a
police officer having reasonable grounds to believe that the person
arrested has been operating a motor vehicle upon such way or place while
under the influence of intoxicating liquor.
- If a person refuses to
take a breath test under Mass. Gen. Laws ch. 90, § 24(1)(f)(1) (1994), the
police officer shall do the following: (i) immediately and on behalf of
the registrar take custody of such person's driver license or permit
issued by the commonwealth; (ii) provide each such person who refuses such
test, on behalf of the registrar, with a written notice of intent to
suspend, on forms prepared and provided by the registrar; (iii) issue to
each such person who refuses such test, on behalf of the registrar, a
temporary driving permit.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
Massachusetts OUI Law Traffic Attorneys Driver License
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law firm
today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Ambrose v.
Commonwealth
Facts:
Plaintiff driver
filed a motion for a judgment on the pleadings in her action for review of the
suspension of her driver's license; the driver claimed that the motor vehicle
board erred in its application of Mass. Gen. Laws ch. 90, § 24(1)(f)(1),
prejudiced her, and that its decision was not supported by substantial evidence.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- A driver's license
suspension hearing is limited to the issues of whether the police office
had reasonable grounds to believe that the person had been operating a
vehicle under the influence, whether the person was placed under arrest,
and whether the person refused to submit to a chemical test. Mass. Gen.
Laws ch. 90, § 24(1)(g).
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Massachusetts OUI Law Traffic Attorneys Violation Code 90 24
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Parker v.
Commonwealth
Facts:
Defendant was
convicted in the District Court Department (Massachusetts) of negligently
operating a motor vehicle and operating a vehicle while under the influence of
intoxicating liquor (OUI), in violation of Mass. Gen. Laws ch. 90, § 24, and
two civil motor vehicle infractions. After a jury-waived trial, he was found
guilty of OUI, third offense. He appealed his convictions..
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- It is difficult to
determine whether an instruction on a defendant's right to remain silent
is beneficial to a particular defendant or to defendants as a group. On
the one hand, it warns the jury against drawing inferences adverse to the
defendant from his not testifying. On the other hand, such an instruction
may focus the jury's attention on the question why the defendant decided not
to assist the jury in their fact-finding function.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Massachusetts OUI Law Traffic Attorneys Boston Operating Influence
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Mark v.
Commonwealth
Facts:
Defendant
challenged an order of the jury session of the Boston Court (Massachusetts),
which conducted a trial de novo and entered judgment on a jury's guilty verdict
on charges of operating under the influence (OUI) of intoxicating liquor, Mass.
Gen. Laws ch. 90, § 24(2)(a) (1975), and negligent operation of a motor
vehicle, Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1982).
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Under Mass. Gen. Laws
ch. 90, § 24(1)(a)(1) (1982), whoever, upon any way or in any place to
which the public has a right of access operates a motor vehicle while
under the influence of intoxicating liquor, or of marijuana, narcotic
drugs, depressants or stimulant substances, all as defined in Mass. Gen.
Laws ch. 94C, § 1 shall be punished.
- Under Mass. Gen. Laws
ch. 90, § 24(2)(a) (1975), whoever upon any way or in any place to which
the public has a right of access operates a motor vehicle negligently so
that the lives or safety of the public might be endangered shall be
punished.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
Massachusetts OUI Law Traffic Attorneys Suffolk
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our absolute
best to help you get the best result possible based on the facts of your case.
The lawyers in our law firm have the necessary experience to assist you with
this matter.
Mary v.
Commonwealth
Facts:
Defendant
appealed from the Supreme Judicial Court for the County of Suffolk
(Massachusetts), which denied her motion to dismiss plaintiff Commonwealth's
complaint alleging that she operated a motor vehicle while under the influence
of intoxicating liquor in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1).
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- If a person refuses to
take a breath test under Mass. Gen. Laws ch. 90, § 24(1)(f)(1), the police
officer shall do the following: (i) immediately and on behalf of the
registrar take custody of such person's driver license or permit issued by
the commonwealth; (ii) provide each such person who refuses such test, on
behalf of the registrar, with a written notice of intent to suspend, on
forms prepared and provided by the registrar; (iii) issue to each such
person who refuses such test, on behalf of the registrar, a temporary
driving permit.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Massachusetts OUI Law Traffic Attorneys Intoxicating Liquor
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Marker v.
Commonwealth
Facts:
Defendant was
convicted by the District Court (Massachusetts) for operating a motor vehicle
while under the influence of intoxicating liquor (OUI) after he pled guilty.
Defendant appealed the trial court's denial of his motion to withdraw that
guilty plea based on the ground that his guilty plea was invalid since he could
not plead guilty to OUI as a second offense, as he had not previously been
convicted..
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Mass. Gen. Laws ch. 90,
§ 24(1)(a)(1), as amended through 1994 Mass. Acts 25, § 3, provides for
enhanced punishment intended for repeat offenders, if the defendant has
been previously convicted because of a like violation within 10 years
preceding the date of the commission of the offense for which he has been
convicted.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Tuesday, March 4, 2014
Massachusetts OUI Law Traffic Attorneys Boston Accident Scene
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Tailor v.
Commonwealth
Facts:
In an operating
under influence (OUI) case following a jury trial, defendant appealed the judgments
of the Superior Court in Boston (Massachusetts), which convicted and sentenced
him for vehicular homicide under Mass. Gen. Laws ch. 90, § 24G(a), and
knowingly leaving the scene of an accident after causing personal injury under
Mass. Gen. Laws ch. 90, § 24(2)(a).
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- Under the statutory
phrase "operating a motor vehicle while under the influence of
intoxicating liquor," in Mass. Gen. Laws ch. 90, § 24(1)(a)(1), the
commonwealth must prove beyond a reasonable doubt that the defendant's
consumption of alcohol diminished the defendant's ability to operate a
motor vehicle safely. The commonwealth need not prove that the defendant
actually drove in an unsafe or erratic manner, but it must prove a
diminished capacity to operate safely.
- Mass. Gen. Laws ch. 279,
§ 24 reads: If a convict is sentenced to the state prison, except for life
or as an habitual criminal, the court shall not fix the term of
imprisonment, but shall fix a maximum and a minimum term for which he may
be imprisoned. The maximum term shall not be longer than the longest term
fixed by law for the punishment of the crime of which he has been
convicted, and the minimum term shall not be less than two and one-half
years.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Monday, March 3, 2014
Massachusetts OUI Law Traffic Attorneys
Massachusetts OUI
Law
Drunk driving or
operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could face license suspension,
steep fines, and even jail. In
Massachusetts operating under the influence (OUI), also known as driving under
the influence (DUI), results in mandatory driver’s license suspension.
Below is a sample
case of OUI in Massachusetts as interpreted by a lawyer in our firm.
Have you been
charged with OUI in Massachusetts and you are wondering what the penalty is in MA?
Are you concerned
about the consequences of being charged with OUI in Massachusetts?
For a lot of our
clients, a charge of OUI can result in the loss of their job, their security
clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.
If you have been
charged with a criminal offense of OUI in Massachusetts and you are wondering
what the penalty is in MA, contact our law firm for help.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Anne v.
Commonwealth
Facts:
Plaintiff driver
filed a motion for a judgment on the pleadings in her action for review of the
suspension of her driver's license for her OUI conviction; the driver claimed
that the motor vehicle board erred in its application of Mass. Gen. Laws ch.
90, § 24(1)(f)(1), prejudiced her, and that its decision was not supported by
substantial evidence.
If you are facing
a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Massachusetts
Court made the following holding:
- A driver's license
suspension hearing is limited to the issues of whether the police office
had reasonable grounds to believe that the person had been operating a
vehicle under the influence, whether the person was placed under arrest,
and whether the person refused to submit to a chemical test. Mass. Gen.
Laws ch. 90, § 24(1)(g)..
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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About Us
Mr. Gilmore earned his law degree at Boston University School of Law, one of the top law schools in the country. He obtained his undergraduate degree at Assumption College with a double major in Political Science and Philosophy. Prior to attending law school, he was a Bodily Injury Claims Adjuster with a large national insurer. Mr. Gilmore’s previous legal experience includes the Cape and Islands District Attorney’s Office and the Committee for Public Counsel Services-Trial Division. More about Gilmore
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