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:
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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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