Thursday, February 20, 2014
Massachusetts OUI Law Traffic Attorneys Boston Blood Test
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.
Jamie v.
Commonwealth
Facts:
In a traffic
case, the 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 (OUI) and operating under the influence 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:
- Evidence discovered or
seized by private parties is admissible without regard to the methods used
or the existence of probable cause, unless state officials have instigated
or participated in the search. The mere fact that evidence seized by a
private citizen is later turned over to the police is insufficient to
implicate state action. The Fourth Amendment does prohibit unreasonable
intrusions by private individuals who are acting as government instruments
or agents.
- The hospital records
statute, Mass. Gen. Laws ch. 233, § 79, permits the admission of blood
test results for the purpose of showing that a criminal defendant had
consumed intoxicating liquor shortly before events leading to a charge of
operating under the influence. The confidentiality of records provided by
Mass. Gen. Laws ch. 111, § 70E(b) applies only to the extent provided by
law. Mass. Gen. Laws ch. 111, § 70E(b) does not provide an unqualified
right to privacy in blood alcohol test results. Nor does the right to
privacy statute, Mass. Gen. Laws ch. 214, § 1B, prohibit admission of
lawfully administered blood test results in criminal prosecutions under
Mass. Gen. Laws ch. 90, § 24 for driving while intoxicated.
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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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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