Friday, October 31, 2014

Massachusetts OUI Law Traffic Attorneys Boston Intoxication

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.

Franco v. Commonwealth

Facts:

In a operating under influence (OUI) case in Boston, 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.

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, 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:

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, October 29, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence 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.

Mitchell v. Commonwealth

Facts:

Defendant appealed from the Supreme Judicial Court for 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 (OUI) 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.
  • Under Mass. Gen. Laws ch. 90, § 24(1)(f)(1) (1994), if the person arrested for operating a motor vehicle while under the influence 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.

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence Drugs

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.

Harley v. Commonwealth

Facts:

A jury returned verdicts of guilty on charges under Mass. Gen. Laws ch. 90, § 24G of felony motor vehicle homicide, operating under the influence (OUI), and operating to endanger. Before the Boston court was defendant's motion, under Mass. R. Crim. P. 25(b)(2), for a required finding of not guilty, or a reduction to the lesser included offense of misdemeanor vehicular homicide on grounds of operating to endanger.

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 conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to endanger (and that her operation caused the death of another).
  • The "operating under" element of the operating under the influence, Mass. Gen. Laws ch. 90, § 24, and vehicular homicide, Mass. Gen. Laws ch. 90, § 24G, statutes require, for a conviction, that the defendant have been operating her motor vehicle while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in Mass. Gen. Laws ch. 94C, § 1, or the vapors of glue.

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, October 27, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence License Suspension

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.

Smith 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 (OUI) of alcohol; vehicular homicide while under the influence of alcohol; vehicular homicide by negligent operation; operating to endanger; and operating after the suspension of his license. After a bench trial, defendant was found guilty only of vehicular homicide by negligent operation and operating after suspension.

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 motion for a required finding of not guilty will be allowed only where the evidence is insufficient as a matter of law to sustain a conviction on the charge. Mass. R. Crim. P. 25(a). The appellate court reviews the evidence in the light most favorable to the prosecution to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. A conviction may rest entirely on circumstantial evidence.
  • 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.

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.

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.

Phelps 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 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).
  • The verdict is the formal decision of the jury, empaneled and sworn to try the case, as reported to the court. The verdict which determines the rights of the parties, and is admitted of record, and upon which judgment is rendered, is the verdict received from the lips of the foreman in open court. A poll provides adequate evidence of the free and unanimous assent of the jury to the verdict, which is the purpose of the various customs and rituals that surround the taking of a verdict.

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, October 24, 2014

Massachusetts OUI Law Traffic Lawyers Boston License Suspended

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.

Villainy Ann. v. Commonwealth

Facts:

The Boston court found, inter alia, that the board did not commit error of law in its application of § 24(1)(f)(1) and the driver had no statutory basis for requesting review of the matter. The driver's refusal to submit to a chemical test when she was arrested for operating under the influence (OUI) in 2006 served as the basis for the enhanced license suspension of five years in light of the driver's two prior OUI convictions or admissions to drug treatment programs. The driver failed to show why she did not produce the police department reports at the board hearing. Accordingly, her license was properly suspended…

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:

  • Pursuant to Mass. Gen. Laws ch. 30A, § 14(7), a superior court has authority to review the final decisions of state administrative agencies in an adjudicatory proceeding. The court may reverse, remand, or modify an agency decision if the substantial rights of any party have been prejudiced because the agency's decision was based upon an error of law, was unsupported by substantial evidence or unwarranted by facts found by the agency, or was arbitrary and capricious or otherwise not in accordance with law.

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, October 23, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence License Suspension

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.

Frederick v. Commonwealth

Facts:

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

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(b) (1990) provides in part that 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 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 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.
  • The double jeopardy clause of the Fifth Amendment to the United States Constitution provides: Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.

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 Mr. Gilmore

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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