Tuesday, February 18, 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.
Jackson v.
Commonwealth
Facts:
In an Operating
Under Influence (OUI) case, the Defendant was found guilty in Boston of
homicide by motor vehicle while under the influence of intoxicating liquor,
operating the same having been previously convicted of a like offense,
operating a motor vehicle after his license to do so had been suspended or
revoked, leaving the scene of an accident after causing personal injury and
property damage, and failing to stop for a traffic police officer. The
commonwealth applied for direct appellate review.
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)(e) reads in part as follows: when there is no evidence presented
at a civil or criminal proceeding of the percentage by weight, of alcohol
in the defendant's blood, the presiding judge at a trial before a jury
shall include in his instructions to the jury a statement of an arresting
officer's responsibilities upon arrest of a person suspected to be
operating a motor vehicle under the influence of alcohol and a statement
that a blood alcohol test may only be administered with a person's consent;
that a person has a legal right to take or not take such a test; that
there may be a number of reasons why a person would or would not take such
a test; that there may be a number of reasons why such test was not
administered; that there shall be no speculation as to the reason for the
absence of the test and no inference can be drawn from the fact that there
was no evidence of a blood alcohol test; and that a finding of guilty or
not guilty must be based solely on the evidence that was presented in the
case.
- Mass. Gen. Laws ch. 278,
§ 11A (1994) requires a separate trial for a defendant who faces increased
punishment for second and subsequent offenses. Under the statute, if a
defendant pleads not guilty to the assertion that he is a subsequent
offender, he shall be entitled to a trial by jury on the issue of
conviction of a prior offense, subject to all of the provisions of law
governing criminal trials. A defendant may waive trial by jury.
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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Massachusetts | |
| Cambridge | 888-437-7747 |
| Worcester | 888-437-7747 |
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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