Friday, August 15, 2014
Massachusetts OUI Law Traffic Attorneys Boston Driving 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.
Chur v.
Commonwealth
Facts:
After the driver
was twice convicted of driving under the influence (DUI), he was required to
install an ignition interlock device (IID) in his car in order to renew his
driver's license in Boston. Thereafter, the driver had two failures on a the
IID's rolling re-tests. The court found that because § 25.11(3) required the
Registrar to revoke the driver's motor vehicle license for life for the two
failed rolling re-tests, the Registrar did not err in suspending his license
for 10 years.
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:
- 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..
An attorney from
our firm will do his best to help you.
Sunday, April 27, 2014
Massachusetts OUI Law Traffic Attorneys Worcester 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.
Nike v.
Commonwealth
Facts:
In Worcester a
police officer who observed defendant could offer an opinion as to defendant's
level of intoxication arising from the consumption of alcohol, but could not
offer an opinion as to whether defendant's intoxication impaired his ability to
operate a motor vehicle; The indictment charged a crime even though it did not
allege all the essential elements of proof, as the caption identified the
criminal statute, and due process did not require vacating defendant's
conviction arising from his guilty plea since defendant has fair notice of the
crime charged and failed to show that he did not understand that he was
pleading guilty to that crime
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:
- In a prosecution for
operating a motor vehicle while under the influence of alcohol (OUI), lay
witnesses, including police officers, may not opine as to the ultimate
question whether the defendant was operating while under the influence,
but they may testify to his apparent intoxication.
- A lay witness's opinion
as to whether a defendant's consumption of alcohol diminished the
defendant's ability to operate a motor vehicle safely -- which is the test
of whether the defendant was "under the influence" of alcohol
while operating a motor vehicle, in violation of Mass. Gen. Laws Ann. 90,
§ 24, -- comes close to an opinion as to whether the defendant is guilty.
The danger posed by a witness, especially a police officer witness,
offering an opinion regarding a defendant's guilt is that the jury might
forego independent analysis of the facts and bow too readily to the
opinion of an expert or otherwise influential witness.
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, April 25, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating Influence Alcohol
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.
Gerald v.
Commonwealth
Facts:
Defendant sought
review of a decision of the District Court Department in Boston (Massachusetts),
which by jury verdict convicted him of operating a motor vehicle while under
the influence (OUI) 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:
- It is the commonwealth's
burden in prosecutions under Mass. Gen. Laws ch. 90, § 24 to prove in
relevant part that the defendant's consumption of alcohol diminished the
defendant's ability to operate a motor vehicle safely that his or her
consumption of intoxicants left him or her with a diminished capacity to
operate safely.
- A judge may inform a
jury about the legislative purpose of a statute, if he or she does so
accurately.
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:
Thursday, April 24, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating Under 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.
Solomon v.
Commonwealth
Facts:
Defendant
appealed the decision of the Superior Court Department (Massachusetts), which
convicted defendant in Boston of operating 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, 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.
Disclaimer:
Wednesday, April 23, 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.
Adams v.
Commonwealth
Facts:
Defendant
appealed his convictions for manslaughter and operating a motor vehicle while
under the influence (OUI) of intoxicating liquor, which had been entered by the
Court Department of Boston (Massachusetts), claiming that the trial court erred
in denying his motions for required findings of not guilty, for suppression of
evidence, 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:
- The standard which the
court applies in reviewing the propriety of the denial of a motion for a
required finding of not guilty is whether the evidence, read in a light
most favorable to the commonwealth, was sufficient to satisfy a rational
trier of fact of each element of the crime beyond a reasonable doubt. The
court will consider the evidence at the close of the commonwealth's case
and at the close of all the evidence to determine whether the motion
should have been granted.
- A verdict that is
against the weight of the evidence is one that is so far against the
general current of the evidence that to allow the verdict to stand without
retrial would invoke a serious risk of perpetrating an injustice. A trial
judge's decision to deny such a motion is within his or her discretion.
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 22, 2014
Massachusetts OUI Law Traffic Attorneys Suffolk 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.
Mark v.
Commonwealth
Facts:
The board of
appeal on motor vehicle liability policies and bonds upheld defendant
Massachusetts Registrar of Motor Vehicles's 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 Suffolk 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). This subsection
does not itself specify how long the mandated revocation is to last.
However, § 24(1)(c) serves to prohibit the registrar from restoring the
driving privileges of the offender before a specified date. That date is
determined by the number of previous convictions that the offender has had
for OUI or "a like offense" (regardless of whether such
convictions are in a court of the commonwealth or any other
jurisdiction.). § 24(1)(c). Fifth-time offenders lose their privileges
permanently. § 24(1)(c)(3 3/4).
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:
Sunday, April 20, 2014
Massachusetts OUI Law Traffic Attorneys Suffolk Intoxicant
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.
Peter 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.
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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