Saturday, March 29, 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.
Albert 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:
- Although a police
officer witness may not opine as to operation, he may offer an opinion as
to whether the defendant was under the influence.
- The 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.
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, March 28, 2014
Massachusetts OUI Law Cambridge Attorneys 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.
Waters v.
Commonwealth
Facts:
Defendant was
charged with operating a motor vehicle while under the influence of
intoxicating liquor (OUI). The Cambridge Division of the District Court
Department (Massachusetts) ruled that as a breathalyzer test was given more
than one hour after defendant last drove, the Commonwealth had to introduce
expert testimony on retrograde extrapolation as a prerequisite to the admission
of the test results. The Commonwealth 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 breathalyzer test
result in the range of .08 or greater, acquired within a reasonable time
after operation, is as relevant to a jury's determination whether the
defendant was operating a motor vehicle with a .08 blood alcohol level in
violation of the law, as a similar result was previously relevant to a
jury's determination whether the defendant was operating a motor vehicle
with a blood alcohol level of .08 or greater, on which they could have
permissibly inferred that he was operating while under the influence of
intoxicating liquor in violation of the law. Prior holdings that a time
delay between the operation of a motor vehicle and the administration of
the test goes to the weight the jury might afford the test results and not
on their admissibility, are similarly applicable. Expert testimony on
retrograde extrapolation is not a prerequisite to the admissibility of
breathalyzer results in prosecutions for operating a motor vehicle while
under the influence of intoxicating liquor.
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:
Wednesday, March 26, 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.
Richard v.
Commonwealth
Facts:
Defendant sought
review of convictions in Boston 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 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:
Tuesday, March 25, 2014
Massachusetts OUI Law Traffic Attorneys Boston Influence 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.
Walter v.
Commonwealth
Facts:
The board of
appeal on motor vehicle liability policies and bonds upheld defendant
Massachusetts Registrar of Motor Vehicles 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 Boston 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)..
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:
Friday, March 21, 2014
Massachusetts OUI Law Boston Attorneys 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.
Welsh v.
Commonwealth
Facts:
Defendant was
convicted in the Boston Division of the District Court Department
(Massachusetts) of negligently operating a motor vehicle and operating a
vehicle while under the influence of intoxicating liquor (OUI), in violation of
Mass. Gen. Laws ch. 90, § 24, and two civil motor vehicle infractions. After a
jury-waived trial, he was found guilty of OUI, third offense. He appealed his
convictions.
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 defendant fails
to object to a trial court's failure to provide a requested jury
instruction, an appellate court reviews to determine whether the alleged
error created a substantial risk of a miscarriage of justice.
Mass.R.Crim.P. 24(b). In determining whether the failure to give an
instruction created such a risk, the following test is applied: (1)
whether the Commonwealth presented a strong case against the defendant;
(2) whether the error is sufficiently significant in the context of the
trial to make plausible an inference that the jury's result might have
been otherwise but for the error; and (3) whether it can be inferred from
the record that counsel's failure to object was not simply a reasonable
tactical decision.
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, March 20, 2014
Massachusetts OUI Law Traffic Attorneys Alcohol 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.
Brown v.
Commonwealth
Facts:
The Boston
Division of the District Court Department (Massachusetts) convicted defendant
of operating a motor vehicle while under the influence of alcohol (OUI), fourth
offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (2003). 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:
- Trial of a subsequent
operating a motor vehicle while under the influence of alcohol offense
entails two separate proceedings. Mass. Gen. Laws ch. 278, § 11A. The
defendant is tried first for the crime presently charged and, if guilty,
then he is entitled to a separate trial of the issue of conviction of
prior offenses. Prior convictions must be proved beyond a reasonable
doubt, even though a prior conviction is not formally an element of the
crime for some purposes, because Mass. Gen. Laws ch. 278, § 11A, expressly
requires trial of the issue of conviction of a prior offense, subject to
all of the provisions of law governing criminal trials.
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:
Tuesday, March 18, 2014
Massachusetts OUI Law Traffic Attorneys Boston 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.
Georgina v.
Commonwealth
Facts:
Defendant
appealed from the Supreme Judicial Court in Boston (Massachusetts), which
denied her motion to dismiss plaintiff Commonwealth's complaint alleging that she
operated a motor vehicle while under the influence (OUI) of intoxicating liquor
in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1994).
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.
- 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.
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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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