Thursday, April 17, 2014
Massachusetts OUI Law Traffic Attorneys Boston License Revocation
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.
Carson v.
Commonwealth
Facts:
At the conclusion
of a bifurcated trial in the Boston Court (Massachusetts), defendant was
convicted of operating a motor vehicle under the influence (OUI) of
intoxicating liquor, seventh offense, under Mass. Gen. Laws Ann. ch. 90, §
24(1)(a)(1); operating to endanger under Mass. Gen. Laws Ann. ch. 90, §
24(2)(a); and operating after revocation of his license under Mass. Gen. Laws
Ann. ch. 90, § 23. 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:
- A police officer lacks
authority to act outside his or her jurisdiction, unless specifically
authorized by statute or in the performance of a valid citizen's arrest at
common law. It is a statutory violation for a police officer to engage in
extraterritorial action without valid authority. The appropriate remedy
for unauthorized extraterritorial action is suppression of the resulting
evidence.
- The exclusionary rule,
as a constitutional standard, applies to an unauthorized extraterritorial
stop because the requirement that a police officer have lawful authority
when he deprives individuals of their liberty is closely associated with
the constitutional right to be free from unreasonable searches and
seizures. As a matter of rational and consistent doctrine, if the standard
of lawful inevitability will excuse a constitutional violation of
interests of freedom or privacy, then it will excuse also a statutory violation
of those same interests.
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 16, 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.
Ashley v.
Commonwealth
Facts:
Defendant
appealed from the Circuit Court for the County of Suffolk (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 (OUI) in violation of 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:
- 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:
Tuesday, April 15, 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.
Miller v.
Commonwealth
Facts:
Defendant sought
review of convictions 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 Boston 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:
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.
Monday, April 14, 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.
Nelson v.
Commonwealth
Facts:
Defendant
appealed from the Judicial Court of County of Suffolk (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 (OUI)
in violation of 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:
- 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 (OUI).
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 13, 2014
Massachusetts OUI Law Traffic Attorneys Suffolk Penalties
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.
Creamer 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:
Saturday, April 12, 2014
Massachusetts OUI Law Traffic Attorneys Boston Accident Scene
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:
Following a jury
trial, defendant appealed the judgments of the Superior Court, Boston (Massachusetts),
which convicted and sentenced him for vehicular homicide under Mass. Gen. Laws
ch. 90, § 24G(a), and knowingly leaving the scene of an accident after causing
personal injury under Mass. Gen. Laws ch. 90, § 24(2)(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:
- Under the statutory phrase
"operating a motor vehicle while under the influence of intoxicating
liquor (OUI) ," 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.
- The ordinary rules of
statutory construction require the court to construe any criminal statute
strictly against the commonwealth. Another rule obliges the court to
indulge every rational presumption in favor of the validity of the statute.
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 11, 2014
Massachusetts OUI Law Traffic Attorneys Consumption 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.
Warner v.
Commonwealth
Facts:
Defendant
appealed an order from the Division of the District Court (Massachusetts),
which convicted him of operating a motor vehicle on a public way 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:
- In a prosecution for
operating a motor vehicle while under the influence of intoxicating
liquor, the Commonwealth of Massachusetts must prove beyond a reasonable
doubt that a 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. Analysis of
retroactivity is necessary where the court announces a new constitutional
principle.
- Where a defendant offers
no scientific evidence to support his contention, he is not entitled to an
instruction without some evidence that a time delay could have adversely
affected the breathalyzer test results.
- Because of the inherent
reliability of admissions, they are generally considered to fall outside
the strictures of the hearsay rule.
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:
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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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