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:
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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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