Friday, April 4, 2014
Massachusetts OUI Law Traffic Attorneys Suffolk 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.
Sawyer v.
Commonwealth
Facts:
Defendant's
motion to dismiss the 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) (1994) was denied by the Suffolk court. On
appeal, the court held that the Commonwealth's earlier suspension of
defendant's drivers license for refusing to submit to a breath test, pursuant
to Mass. Gen. Laws ch. 90, § 24(1)(f)(1), did not render the criminal charge a
violation of defendant's Double Jeopardy Clause protections. The administrative
license suspension was a reasonable sanction primarily designed to promote
public safety, and not "punishment" for purposes of attachment of
double jeopardy. Therefore, defendant failed to show that multiple punishments
arose. Further, the § 24(1)(a)(1) offense and the refusal to submit to a breath
test violation, pursuant to Mass. Gen. Laws ch. 90, § 24(1)(g), were not the
same offense for purposes of double jeopardy. The requirement that defendant
submit to a breath test was only an element of § 24(1)(g), and separate
sanctions were authorized for the offenses. Double jeopardy did not preclude
punishment for two separate offenses.
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:
- To prove the crime of
operating a motor vehicle after revocation or suspension of license for
operating while under the influence of alcohol (OUI), Mass. Gen. Laws ch.
90, § 23, Third, the Commonwealth must prove the following: (1) that the
defendant operated a motor vehicle; (2) that at the time of that operation
the defendant's license was revoked or suspended; (3) that the license
suspension or revocation was pursuant to a violation of one of the
specified statutory sections (including operating a motor vehicle while
under the influence of alcohol in violation of Mass. Gen. Laws ch. 90, §
24(1)(a)); and (4) that the defendant was notified that his license had
been suspended or revoked.
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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