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.
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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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