Sunday, April 27, 2014

Massachusetts OUI Law Traffic Attorneys Worcester 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.

Nike v. Commonwealth

Facts:

In Worcester a police officer who observed defendant could offer an opinion as to defendant's level of intoxication arising from the consumption of alcohol, but could not offer an opinion as to whether defendant's intoxication impaired his ability to operate a motor vehicle; The indictment charged a crime even though it did not allege all the essential elements of proof, as the caption identified the criminal statute, and due process did not require vacating defendant's conviction arising from his guilty plea since defendant has fair notice of the crime charged and failed to show that he did not understand that he was pleading guilty to that crime

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:

  • In a prosecution for operating a motor vehicle while under the influence of alcohol (OUI), lay witnesses, including police officers, may not opine as to the ultimate question whether the defendant was operating while under the influence, but they may testify to his apparent intoxication.
  • A lay witness's opinion as to whether a defendant's consumption of alcohol diminished the defendant's ability to operate a motor vehicle safely -- which is the test of whether the defendant was "under the influence" of alcohol while operating a motor vehicle, in violation of Mass. Gen. Laws Ann. 90, § 24, -- comes close to an opinion as to whether the defendant is guilty. The danger posed by a witness, especially a police officer witness, offering an opinion regarding a defendant's guilt is that the jury might forego independent analysis of the facts and bow too readily to the opinion of an expert or otherwise influential witness. 
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, April 25, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence Alcohol

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.

Gerald v. Commonwealth

Facts:

Defendant sought review of a decision of the District Court Department in Boston (Massachusetts), which by jury verdict convicted him of operating a motor vehicle while under the influence (OUI) of intoxicating liquor.

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 the commonwealth's burden in prosecutions under Mass. Gen. Laws ch. 90, § 24 to prove in relevant part that the defendant's consumption of alcohol diminished the defendant's ability to operate a motor vehicle safely that his or her consumption of intoxicants left him or her with a diminished capacity to operate safely.
  • A judge may inform a jury about the legislative purpose of a statute, if he or she does so accurately. 
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, April 24, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Under 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.

Solomon v. Commonwealth

Facts:

Defendant appealed the decision of the Superior Court Department (Massachusetts), which convicted defendant in Boston of operating a motor vehicle while under the influence (OUI) of an intoxicating substance in violation of Mass. Gen. Laws ch. 90, § 24G(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:

  • Mass. Gen. Laws ch. 90, § 24G provides that 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, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of homicide by a motor vehicle while under the influence of an intoxicating substance. 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 whoever operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of homicide by a motor vehicle.
  • In criminal cases, as opposed to civil negligence suits, a victim's contributory negligence, even if it constitutes a substantial part of proximate cause, but not the sole cause, does not excuse a defendant whose conduct also causes the death of another.
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.
Wednesday, April 23, 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.

Adams v. Commonwealth

Facts:

Defendant appealed his convictions for manslaughter and operating a motor vehicle while under the influence (OUI) of intoxicating liquor, which had been entered by the Court Department of Boston (Massachusetts), claiming that the trial court erred in denying his motions for required findings of not guilty, for suppression of evidence, 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:

  • The standard which the court applies in reviewing the propriety of the denial of a motion for a required finding of not guilty is whether the evidence, read in a light most favorable to the commonwealth, was sufficient to satisfy a rational trier of fact of each element of the crime beyond a reasonable doubt. The court will consider the evidence at the close of the commonwealth's case and at the close of all the evidence to determine whether the motion should have been granted.
  • A verdict that is against the weight of the evidence is one that is so far against the general current of the evidence that to allow the verdict to stand without retrial would invoke a serious risk of perpetrating an injustice. A trial judge's decision to deny such a motion is within his or her discretion.
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.
Tuesday, April 22, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk 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.

Mark v. Commonwealth

Facts:

The board of appeal on motor vehicle liability policies and bonds upheld defendant Massachusetts Registrar of Motor Vehicles's 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 Suffolk 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). This subsection does not itself specify how long the mandated revocation is to last. However, § 24(1)(c) serves to prohibit the registrar from restoring the driving privileges of the offender before a specified date. That date is determined by the number of previous convictions that the offender has had for OUI or "a like offense" (regardless of whether such convictions are in a court of the commonwealth or any other jurisdiction.). § 24(1)(c). Fifth-time offenders lose their privileges permanently. § 24(1)(c)(3 3/4).
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.
Sunday, April 20, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk Intoxicant

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.

Peter v. Commonwealth

Facts:

Defendant was convicted in the Suffolk Division of the District Court Department (Massachusetts) of operating a motor vehicle while under the influence (OUI) of alcohol. He was entitled to a separate proceeding, under Mass. Gen. Laws ch. 278, § 11A, to determine whether he was convicted of the three prior OUI offenses alleged in the complaint. The parties applied for direct appellate review of reported questions of law under Mass. R. Crim. P. 34.

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, is the Massachusetts operating a motor vehicle while under the influence (OUI) statute. Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes it a crime to operate a motor vehicle on a public way while under the influence of an intoxicant, and sets forth more severe penalties for those convicted of second or subsequent offenses. In order to subject a repeat OUI offender to these greater penalties, the Commonwealth of Massachusetts must prove the prior convictions in a separate proceeding pursuant to Mass. Gen. Laws ch. 278, § 11A. This statute governs the proof of repeat offender enhancements generally.
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, April 17, 2014

Massachusetts OUI Law Traffic Attorneys Boston License Revocation

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.

Carson v. Commonwealth

Facts:

At the conclusion of a bifurcated trial in the Boston Court (Massachusetts), defendant was convicted of operating a motor vehicle under the influence (OUI) of intoxicating liquor, seventh offense, under Mass. Gen. Laws Ann. ch. 90, § 24(1)(a)(1); operating to endanger under Mass. Gen. Laws Ann. ch. 90, § 24(2)(a); and operating after revocation of his license under Mass. Gen. Laws Ann. ch. 90, § 23. 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:

  • A police officer lacks authority to act outside his or her jurisdiction, unless specifically authorized by statute or in the performance of a valid citizen's arrest at common law. It is a statutory violation for a police officer to engage in extraterritorial action without valid authority. The appropriate remedy for unauthorized extraterritorial action is suppression of the resulting evidence.
  • The exclusionary rule, as a constitutional standard, applies to an unauthorized extraterritorial stop because the requirement that a police officer have lawful authority when he deprives individuals of their liberty is closely associated with the constitutional right to be free from unreasonable searches and seizures. As a matter of rational and consistent doctrine, if the standard of lawful inevitability will excuse a constitutional violation of interests of freedom or privacy, then it will excuse also a statutory violation of those same interests.
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.
Wednesday, April 16, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk 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.

Ashley v. Commonwealth

Facts:

Defendant appealed from the Circuit 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 (OUI) 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) (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.
Tuesday, April 15, 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.

Miller v. Commonwealth

Facts:

Defendant sought review of convictions 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 Boston 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:


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.
Monday, April 14, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk 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.

Nelson v. Commonwealth

Facts:

Defendant appealed from the Judicial Court of 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 (OUI) 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:

  • 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 (OUI).
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.
Sunday, April 13, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk Penalties

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.

Creamer v. Commonwealth

Facts:

Defendant was convicted in the Suffolk Division of the District Court Department (Massachusetts) of operating a motor vehicle while under the influence (OUI) of alcohol. He was entitled to a separate proceeding, under Mass. Gen. Laws ch. 278, § 11A, to determine whether he was convicted of the three prior OUI offenses alleged in the complaint. The parties applied for direct appellate review of reported questions of law under Mass. R. Crim. P. 34.

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, is the Massachusetts operating a motor vehicle while under the influence (OUI) statute. Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes it a crime to operate a motor vehicle on a public way while under the influence of an intoxicant, and sets forth more severe penalties for those convicted of second or subsequent offenses. In order to subject a repeat OUI offender to these greater penalties, the Commonwealth of Massachusetts must prove the prior convictions in a separate proceeding pursuant to Mass. Gen. Laws ch. 278, § 11A. This statute governs the proof of repeat offender enhancements generally.
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, April 12, 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.

Richard v. Commonwealth

Facts:

Following a jury trial, defendant appealed the judgments of the Superior Court, 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 (OUI) ," 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.
  • The ordinary rules of statutory construction require the court to construe any criminal statute strictly against the commonwealth. Another rule obliges the court to indulge every rational presumption in favor of the validity of the statute. 
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, April 11, 2014

Massachusetts OUI Law Traffic Attorneys Consumption Alcohol

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.

Warner v. Commonwealth

Facts:

Defendant appealed an order from the Division of the District Court (Massachusetts), which convicted him of operating a motor vehicle on a public way while under the influence of intoxicating liquor. 
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:

  • In a prosecution for operating a motor vehicle while under the influence of intoxicating liquor, the Commonwealth of Massachusetts must prove beyond a reasonable doubt that a 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. Analysis of retroactivity is necessary where the court announces a new constitutional principle.
  • Where a defendant offers no scientific evidence to support his contention, he is not entitled to an instruction without some evidence that a time delay could have adversely affected the breathalyzer test results.
  • Because of the inherent reliability of admissions, they are generally considered to fall outside the strictures of the hearsay rule.
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, April 10, 2014

Massachusetts OUI Law Traffic Attorneys Intoxication Penalties

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.
Millard v. Commonwealth
Facts:
Defendant was convicted in the District Court (Massachusetts) of operating a motor vehicle while under the influence (OUI) of alcohol. He was entitled to a separate proceeding, under Mass. Gen. Laws ch. 278, § 11A, to determine whether he was convicted of the three prior OUI offenses alleged in the complaint. The parties applied for direct appellate review of reported questions of law under Mass. R. Crim. P. 34..

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, is the Massachusetts operating a motor vehicle while under the influence (OUI) statute. Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes it a crime to operate a motor vehicle on a public way while under the influence of an intoxicant, and sets forth more severe penalties for those convicted of second or subsequent offenses. In order to subject a repeat OUI offender to these greater penalties, the Commonwealth of Massachusetts must prove the prior convictions in a separate proceeding pursuant to Mass. Gen. Laws ch. 278, § 11A. This statute governs the proof of repeat offender enhancements generally.
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.
Wednesday, April 9, 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.
Commonwealth v. Fisher
Facts:
Plaintiff Commonwealth appealed from the allowance of a motion to suppress evidence in the District Court of Massachusetts after defendant a resident of Boston was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI). 

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:

  • The significant danger posed by motorists who operate while under the influence of intoxicants renders a brief detention for field sobriety tests, when based on reasonable suspicion, a valid search or seizure for purposes of averting a threat to public safety.
  • Reasonable suspicion that the defendant was operating while under the influence of intoxicants would suffice to justify the minimally intrusive detention and search that field sobriety tests entail.
  • The standard for reasonable suspicion is an objective one, the question is whether a reasonable person in the trooper's position would be justified by some objective manifestation to suspect that the defendant was, or was about to be, engaged in criminal activity or would be warranted in the belief that his safety or the safety of others was endangered.
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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