Tuesday, March 18, 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.

Creamer v. Commonwealth

Facts:

Defendant was convicted in Boston of operating a motor vehicle under the influence (OUI), operating a motor vehicle to endanger, operating an uninsured motor vehicle, and operating an unregistered vehicle, following the denial of his motion for a required finding of not guilty. He moved for a new trial claiming ineffective assistance of counsel under Mass. Const. Decl. Rights art. XII and the Sixth Amendment, U.S. Const. amend. VI.

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 trial judge may grant a new trial at any time if it appears that justice may not have been done. Mass.R.Crim.P. 30(b). In the absence of constitutional error, the decision to grant a new trial is within the sound discretion of the motion judge who is entitled to special deference if he was also the trial judge. A judge may rule on a motion for a new trial without a hearing if the moving party has raised no substantial issue in its motion or by affidavits. Whether an evidentiary hearing on a motion for a new trial is required is also within the trial judge's discretion.
  • Where a defense attorney's tactical decision at trial is in issue in an ineffective assistance of counsel claim, the court must review the decision with enough deference to avoid characterizing an unsuccessful defense as an unreasonable one.
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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