Sunday, April 6, 2014
Massachusetts OUI Law Traffic Attorneys Boston Intoxication
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.
Joseph v.
Commonwealth
Facts:
A police officer
who observed defendant could offer an opinion as to defendant's level of
intoxication arising from the consumption of alcohol, but could not offer an
opinion as to whether defendant's intoxication impaired his ability to operate
a motor vehicle. The indictment charged
a crime even though it did not allege all the essential elements of proof, as
the caption identified the criminal statute, and due process did not require
vacating defendant's conviction in Boston arising from his guilty plea since
defendant has fair notice of the crime charged and failed to show that he did
not understand that he was pleading guilty to that crime
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:
- In a prosecution for
operating a motor vehicle while under the influence (OUI) of alcohol, lay
witnesses, including police officers, may not opine as to the ultimate
question whether the defendant was operating while under the influence,
but they may testify to his apparent intoxication.
- A lay witness's opinion
as to whether a defendant's consumption of alcohol diminished the
defendant's ability to operate a motor vehicle safely -- which is the test
of whether the defendant was "under the influence" of alcohol
while operating a motor vehicle, in violation of Mass. Gen. Laws Ann. 90,
§ 24, -- comes close to an opinion as to whether the defendant is guilty.
The danger posed by a witness, especially a police officer witness,
offering an opinion regarding a defendant's guilt is that the jury might
forego independent analysis of the facts and bow too readily to the
opinion of an expert or otherwise influential witness.
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:
Subscribe to:
Post Comments (Atom)
Email Us:
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
Social Icons
Powered by Blogger.
Popular Posts
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
0 comments:
Post a Comment