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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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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