Lawyers In Massachusetts

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.

Ted v. Commonwealth

Facts:

Defendant sought review of the judgment from the Boston District Court Department (Massachusetts), which convicted him of operating a motor vehicle while under the influence of intoxicating liquor (OUI), pursuant to 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:

• The original statute providing for punishment for operating a motor vehicle "while under the influence of intoxicating liquor," enacted in 1906, survives in Mass. Gen. Laws ch. 90, § 24(1)(a)(1). A defendant cannot withhold his consent to chemical tests or analyses of his blood or breath and then at trial reap a benefit from the presumptions of Mass. Gen. Laws ch. 90, § 24(1)(e). The statutory presumptions apply to chemical tests or analyses, not to the opinions of expert witnesses.

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.


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.

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.

Ferguson v. Commonwealth

Facts:

Defendant a resident of Boston appealed the decision of the Superior Court Department (Massachusetts), which convicted defendant of homicide by 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 (OUI), 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.


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.

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.

Eric v. Commonwealth

Facts:

Defendant a resident of Boston filed a motion to dismiss or, in the alternative, to suppress evidence of blood testing in his prosecution for operating under the influence (OUI) and operating under the influence resulting in serious bodily injury.

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:

• Evidence discovered or seized by private parties is admissible without regard to the methods used or the existence of probable cause, unless state officials have instigated or participated in the search. The mere fact that evidence seized by a private citizen is later turned over to the police is insufficient to implicate state action. The Fourth Amendment does prohibit unreasonable intrusions by private individuals who are acting as government instruments or agents.
• The hospital records statute, Mass. Gen. Laws ch. 233, § 79, permits the admission of blood test results for the purpose of showing that a criminal defendant had consumed intoxicating liquor shortly before events leading to a charge of operating under the influence. The confidentiality of records provided by Mass. Gen. Laws ch. 111, § 70E(b) applies only to the extent provided by law. Mass. Gen. Laws ch. 111, § 70E(b) does not provide an unqualified right to privacy in blood alcohol test results. Nor does the right to privacy statute, Mass. Gen. Laws ch. 214, § 1B, prohibit admission of lawfully administered blood test results in criminal prosecutions under Mass. Gen. Laws ch. 90, § 24 for driving while intoxicated.

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.


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.

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.

Milton v. Commonwealth

Facts:

Defendant, an off-duty police officer, challenged a judgment from the Superior Court in Boston (Massachusetts), which convicted him of involuntary manslaughter, homicide by motor vehicle, and operating under influence (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:

• Mass. Gen. Laws ch. 90, § 24G provides: Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24 of chapter 90, operating under the influence, or 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 and shall be punished by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not less than three hundred nor more than three thousand dollars, or both.
• Mass. Gen. Laws ch. 90, § 24G, is obviously designed to create an intermediate crime for motor vehicle deaths between the misdemeanor of operating to endanger and the felony of involuntary manslaughter. It was enacted to address in part the spiraling rate of highway deaths caused by negligent, reckless, and intoxicated drivers. The crime charged is sufficiently serious to merit a meaningful sanction. The court is satisfied that the discretionary range of punishment prescribed by the Legislature in § 24G does not involve a penalty grossly disproportionate to the severity of the crime, or totally at odds with the evil sought to be remedied. Indeed, the maximum penalty is only slightly more than the maxima already established for operating to endanger, Mass. Gen. Laws ch. 90, § 24(2)(a), and operating under the influence, Mass. Gen. Laws ch. 90, § 24(1)(a), both of which permit jail terms of up to two years.

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.


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.

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.

Frank v. Commonwealth

Facts:

Defendant was involved in a motor vehicle accident in Boston in which two people were killed. He was charged with operating under the influence of alcohol; vehicular homicide while under the influence of alcohol (OUI); vehicular homicide by negligent operation; operating to endanger; and operating after the suspension of his license.

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 doctrine of collateral estoppel operates in criminal proceedings as part of the guarantee against double jeopardy. The doctrine has a narrow application: when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit. It applies to factual issues, not evidence. The doctrine of collateral estoppel will preclude either the subsequent prosecution or the introduction or argument of certain facts, only if the jury could not have based their verdict rationally on an issue other than the one the defendant seeks to foreclose.
• It is well within the trial judge's discretion to deny a mistrial on the ground of prosecutorial misconduct and to rely on appropriate curative instructions even in the case of intentional misstatements by the prosecution.

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.


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.

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.

Thompson 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.


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.

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.

Derrick v. Commonwealth

Facts:

A single justice referred to the full court the Commonwealth's petition, filed in the Supreme Judicial Court, Boston (Massachusetts), in which it sought to have set aside certain partial verdicts rendered in defendant's prosecution for vehicular homicide and operating under the influence (OUI) causing serious bodily injury.

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 offense of motor vehicle homicide, Mass. Gen. Laws ch. 90, § 24G(a), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused the victim's death. The statute goes on to identify two misdemeanor crimes of motor vehicle homicide, one predicated on driving while under the influence of liquor or drugs, the other on driving recklessly or negligently so as to endanger, and thereby causing the death of another. Mass. Gen. Laws ch. 90, § 24G(b).
• The offense of operation of a motor vehicle while under the influence of liquor causing serious bodily injury, pursuant to Mass. Gen. Laws ch. 90, § 24L(1), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused serious injury to the victim. That statute provides for only one form of misdemeanor, the crime of operating while under the influence of liquor causing serious bodily injury. Mass. Gen. Laws ch. 90, § 24L(2).

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.


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.

• In assessing whether a judge or an administrator has abused his discretion, courts do not simply substitute their judgment for that judge or the administrator, rather they ask whether the decision in question rest(s) on whimsy, caprice, arbitrary, or idiosyncratic notions..

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.

• 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. 

• Under the statutory phrase "operating a motor vehicle while under the influence of intoxicating liquor," 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.
• Mass. Gen. Laws ch. 279, § 24 reads: If a convict is sentenced to the state prison, except for life or as an habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term shall not be longer than the longest term fixed by law for the punishment of the crime of which he has been convicted, and the minimum term shall not be less than two and one-half years. 

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.

• In reviewing a ruling on a motion to suppress evidence, the court accepts the judge's subsidiary findings of fact absent clear error and leave to the judge the responsibility of determining the weight and credibility to be given oral testimony presented at the motion hearing. Moreover, the court gives substantial deference to the judge's ultimate findings and conclusions of law, but independently reviews the correctness of the judge's application of constitutional principles to the facts found.
• 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.

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.

• Certified court records of conviction are admissible under a hearsay exception for business records under Mass. Gen. Laws ch. 233, §§ 76, 78.  Moreover, business and public records are generally admissible absent confrontation because-having been created for the administration of an entity's affairs and not for the purpose of establishing or proving some fact at trial-they are not testimonial. Certified records of convictions are created to establish the fact of adjudication, so as to promote accountability to the public regarding official proceedings and public knowledge of the outcomes of those proceedings..

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.

• Mass. Gen. Laws ch. 90, § 24(1)(e) reads in part as follows: when there is no evidence presented at a civil or criminal proceeding of the percentage by weight, of alcohol in the defendant's blood, the presiding judge at a trial before a jury shall include in his instructions to the jury a statement of an arresting officer's responsibilities upon arrest of a person suspected to be operating a motor vehicle under the influence of alcohol and a statement that a blood alcohol test may only be administered with a person's consent; that a person has a legal right to take or not take such a test; that there may be a number of reasons why a person would or would not take such a test; that there may be a number of reasons why such test was not administered; that there shall be no speculation as to the reason for the absence of the test and no inference can be drawn from the fact that there was no evidence of a blood alcohol test; and that a finding of guilty or not guilty must be based solely on the evidence that was presented in the case.
• Mass. Gen. Laws ch. 278, § 11A (1994) requires a separate trial for a defendant who faces increased punishment for second and subsequent offenses. Under the statute, if a defendant pleads not guilty to the assertion that he is a subsequent offender, he shall be entitled to a trial by jury on the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury.

• Mass. Gen. Laws ch. 263, § 5A reads: A person held in custody at a police station or other place of detention, charged with operating a motor vehicle while under the influence of intoxicating liquor, shall have the right, at his request and at his expense, to be examined immediately by a physician selected by him. The police official in charge of such station or place of detention shall inform him of said right immediately upon being booked, and shall afford him a reasonable opportunity to exercise it. Such person shall, immediately upon being booked, be given a copy of this section unless such a copy is posted in the police station or other place of detention in a conspicuous place to which such person has access.
• Mass. Gen. Laws ch. 90, § 24G reads: Whoever, upon any way to which the public has a right of access, operates a motor vehicle in violation of paragraph (a) of subdivision (1) of § 24 of ch. 90, or 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 and shall be punished. It will be noted that the offenses of driving under the influence and driving to endanger, are referred to in the disjunctive.