Friday, April 11, 2014

Massachusetts OUI Law Traffic Attorneys Boston

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:

Defendant was convicted 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 Boston 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 order to prevail on a claim of ineffective assistance of counsel, a defendant must meet two requirements to show that his Mass. Const. Decl. Rights art. XII and Sixth Amendment, U.S. Const. amend. VI, rights have been violated: (1) his prior counsel's performance fell measurably below that which might be expected from an ordinary fallible lawyer; and (2) counsel's conduct has likely deprived the defendant of an otherwise available, substantial ground of defense. In a case where trial counsel's tactical decisions are in issue, the court must conduct the review with some deference in order to avoid characterizing as unreasonable a defense that was merely unsuccessful. The tactical decisions must not be merely unreasonable, they must be manifestly unreasonable.
  • Although a police officer witness may not opine as to operation, he may offer an opinion as to whether the defendant was under the influence.
  • The Massachusetts Supreme Court has made its determination that drug certificates are testimonial based on a number of factors: (1) the documents are sworn to by the laboratory analysts before a notary public; (2) they are prepared as a finding of fact in preparation for trial; and (3) the documents, which establish prima facie evidence of the composition, quality, and net weight of the substance are essentially, functionally identical to live, in-court testimony, doing precisely what a witness does on direct examination. These factors lead to the conclusion that the affidavits are made under circumstances which would lead an objective witness to believe that the statement would be available for use at a later trial. The Supreme Court also has noted its concern with the possibility that laboratory analysts may feel pressured to alter evidence in a manner favorable to the Commonwealth. 
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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