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:
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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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