Monday, April 7, 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.
Locker v.
Commonwealth
Facts:
Defendant filed a
motion to dismiss or, in the alternative, to suppress evidence of blood testing
in his prosecution in Boston 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:
- 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.
- Mass. Gen. Laws ch. 263,
§ 5A provides a person charged with operating a motor vehicle under the
influence with the right to be examined by a physician of his choice. It
also requires police officials to inform him of his right immediately upon
being booked. The police do not have an obligation to assist a defendant
in obtaining a medical examination; however, they may not prevent or
hinder the defendant's reasonable and timely attempt to obtain such an
examination.
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 6, 2014
Massachusetts OUI Law Traffic Attorneys Boston Drunk Driving
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.
Justin v.
Commonwealth
Facts:
Defendant
appealed his drunk driving conviction, and sentencing as second-time offender,
in District Court Department, Boston (Massachusetts), arguing trial court error
in admitting hospital record that indicated he appeared drunk at time of
admission and in sentencing him as second offender without finding guilt of a
second offense.
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:
- Hospital records of
blood tests with a bearing on the patient's degree of intoxication are
admitted routinely in Massachusetts operation under the influence (OUI) prosecutions.
The same rule holds for more personal, less scientific, judgments about
alcoholic odor noted of record. It should make no difference that a nurse,
not a physician, made the observation and entry. Mass. Gen. Laws ch. 111,
§ 70.
- The proper procedures
incident to a defendant's entitlement to a separate trial on the issue in
operating under the influence cases can be found in Mass. Gen. Laws ch.
278, § 11A.
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 4, 2014
Massachusetts OUI Law Traffic Attorneys Drunk Driving Revoked License
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.
Margret v.
Commonwealth
Facts:
Defendant
appealed his conviction from a trial court (Massachusetts) for operating a
motor vehicle after his license had been revoked because of a prior OUI
conviction. Defendant contended that the
lengthened punishment provisions of the amended Mass. Gen. Laws ch. 90, § 23
should not be applied to his conviction..
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 Mass. Gen. Laws
ch. 90, § 23, as amended through 1987 Mass. Act. ch. 620, § 3, it is
illegal to operate a motor vehicle after a motorist's license has been
revoked because of a prior "operating under" conviction.
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:
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.
Thursday, April 3, 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.
Louisa 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 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:
- 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 the person arrested
for operating a motor vehicle while under the influence (OUI) of
intoxicating liquor refuses to submit to a chemical test or analysis of
his breath, after having been informed that his license or permit to
operate motor vehicles or right to operate motor vehicles in the
commonwealth shall be suspended for at least a period of one hundred and
twenty days, but not more than one year for such refusal, no such test or
analysis shall be made and he shall have his license or right to operate
suspended in accordance with this paragraph for a period of one hundred
and twenty days; provided, however, that any person who has been
previously convicted of a violation under this section or a like violation
by a court of any other jurisdiction within ten years of the date of the
charge in question shall have his license or right to operate suspended
forthwith for a period of one hundred and eighty days for such refusal
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 2, 2014
Massachusetts OUI Law Traffic Attorneys Separate Proceedings
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.
James v.
Commonwealth
Facts:
Defendant was
convicted in 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..
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 1, 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.
Peterson v.
Commonwealth
Facts:
A jury convicted
defendant of operating a motor vehicle while under the influence of
intoxicating liquor (OUI), negligent operation of a motor vehicle so as to
endanger, and being a person under 21 years of age in possession of alcohol.
The Boston Court (Massachusetts) entered a finding of guilt as to the second
offense portion of the OUI charge. 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:
- That the case against a
defendant is "circumstantial" in some sense of that dubious term
does not suggest that the proof is insufficient. While it is not necessary
to prove that the defendant had the exclusive opportunity to commit the
crime, and while the inferences need not be inescapable or necessary, the
evidence must be such as to convince a jury beyond a reasonable doubt that
the defendant, and no one else, committed the offence charged.
- Substantive use of
pretrial identification evidence is allowed, even if the witness testifies
that he or she did not make such an identification.
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:
Subscribe to:
Posts (Atom)
Email Us:
Our Phone #
|
Massachusetts | |
| Cambridge | 888-437-7747 |
| Worcester | 888-437-7747 |
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
Social Icons
Blog Archive
-
2014
(58)
-
October(7)
- Massachusetts OUI Law Traffic Attorneys Boston Int...
- Massachusetts OUI Law Traffic Attorneys Boston Cri...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Suffolk Pe...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- September(2)
- August(4)
- April(22)
- March(15)
- February(8)
-
October(7)
Powered by Blogger.
Popular Posts
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
