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:
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Our Phone #
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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