Thursday, April 24, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Under 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.

Franklin v. Commonwealth

Facts:

Defendant a resident of Boston filed a motion to dismiss or, in the alternative, to suppress evidence of blood testing in his prosecution for operating under the influence and operating under the influence (OUI) resulting in 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 defendant has the burden of showing government agency, that the government knew of and acquiesced in the intrusion, and that the private party's purpose was to assist law enforcement efforts. Mere knowledge by a police officer that a private individual may conduct a search is insufficient if the officer did not direct or encourage the search. Evidence of the private searcher's motive may include whether the police or other state officials made promises to elicit the individual's help or offered or asked anything of that individual. Even where a private party intended to assist law enforcement, the private party does not become a government agent so long as there is a legitimate independent motivation for the invasion.
  • Mass. Gen. Laws ch. 263, § 5A provides a person charged with operating a motor vehicle under the influence with the right to be examined by a physician of his choice. It also requires police officials to inform him of his right immediately upon being booked. The police do not have an obligation to assist a defendant in obtaining a medical examination; however, they may not prevent or hinder the defendant's reasonable and timely attempt to obtain such an examination.
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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Cambridge 888-437-7747
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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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