Showing posts with label Have you been charged with OUI in Massachusetts and you are wondering what the penalty is in MA? Call 888-437-7747 for help.. Show all posts
Showing posts with label Have you been charged with OUI in Massachusetts and you are wondering what the penalty is in MA? Call 888-437-7747 for help.. Show all posts
Tuesday, September 16, 2014
Massachusetts OUI Law Traffic Attorneys Boston Suspended License
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.
Walter v.
Commonwealth
Facts:
The driver was arrested
and charged with operating a motor vehicle while under the influence of
intoxicating liquor (OUI) in Boston in violation of Mass. Gen. Laws ch. 90, 24.
Acting pursuant to Mass. Gen. Laws ch. 90, 24(1)(f)(1), the arresting officers
asked the driver to submit to a breathalyzer test. He refused. Accordingly, his
license was automatically suspended for 120 days..
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:
- Mass. Gen. Laws ch. 90,
24(1)(f)(1) provides, in part, that whoever operates a motor vehicle upon
any way shall be deemed to have consented to submit to a chemical test or
analysis of his breath or blood in the event that he is arrested for
operating a motor vehicle while under the influence of intoxicating
liquor. Such tests shall be administered at the direction of a police
officer…
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.
Monday, September 15, 2014
Massachusetts OUI Law Traffic Attorneys Boston Revocation License
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.
Glisson v.
Commonwealth
Facts:
Plaintiff driver
appealed the denial by the Boston Superior Court Department (Massachusetts) of
his motion for judgment on the pleadings in his challenge to his Massachusetts
driver's license's revocation due to a Colorado conviction for driving while
ability impaired (DWAI) that was deemed to be substantially similar to
operating under the influence (OUI) under the interstate compact on motor
vehicle violations, Mass. Gen. Laws ch. 90, § 30B..
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:
- To prove the
Massachusetts offense of operating under the influence, the Commonwealth
must prove beyond a reasonable doubt that the defendant's consumption of
alcohol diminished the defendant's ability to operate a motor vehicle
safely. Mass. Gen. Laws ch. 90, § 24(1)(a)(1)..
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.
Monday, August 25, 2014
Massachusetts OUI Law Traffic Attorneys Boston Intoxicating Liquor
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.
Miller v.
Commonwealth
Facts:
Defendant
appealed his conviction by the Boston Division of the District Court Department
(Massachusetts) of a third offense of operating a motor vehicle while under the
influence of intoxicating liquor (DUI), in violation of Mass. Gen. Laws ch. 90,
§ 24(1)(a)(1) (1994). Defendant contended that his conviction was
unconstitutional under U.S. Const. art. 1, § 9, U.S. Const. amend. XIV, and
Mass. Const. Declaration of Rights arts. 12 and 24..
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:
- Due process principles
are not violated when a statute enhances punishment for a crime committed
after its enactment, based on prior offenses committed before its
enactment.
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:
Friday, August 22, 2014
Massachusetts OUI Law Traffic Attorneys Boston Speeding
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.
Stone v.
Commonwealth
Facts:
Defendant's
vehicle was pulled over and he was arrested for operating the vehicle under the
influence of alcohol (OUI), speeding, and improper passing. Defendant's motion to suppress the evidence
was denied and defendant was convicted of OUI..
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:
- To "preserve"
means to keep safe from injury, harm, or destruction. Preservation of the
peace thus means to keep the peace, to prevent injury, harm, or
destruction. Accordingly, an officer may require aid for the preservation
of the peace, to avoid injury or harm, or to prevent a breach of the
peace. Allowing an officer to request aid to apprehend or secure someone
for a breach of the peace suggests that the actual "breach of the
peace" has already occurred. Allowing an officer to request aid in
the preservation of the peace suggests that a breach of the peace has not
yet occurred, but that there is imminent danger of such a breach
occurring..
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:
Monday, August 18, 2014
Massachusetts OUI Law Traffic Attorneys Boston License Suspension
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.
Williams v.
Commonwealth
Facts:
Plaintiff argued
that his most recent OUI conviction in Boston, for which he alleged to have
received a 45-day license suspension, had to be the "final decision"
since both of his prior OUI convictions occurred over 20 years ago. The
appellate court disagreed. Under Mass. Gen. Laws ch. 90, § 24(1)(c)(3), the
Registrar was prohibited from restoring the license of a third-time OUI
offender such as plaintiff until eight years after the date of conviction.
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:
- Judicial review of an
agency's decision is confined to the administrative record, and a court
may not substitute its judgment on questions of fact for that of the
agency. Mass. Gen. Laws ch. 30A, § 14(5)..
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:
Sunday, April 27, 2014
Massachusetts OUI Law Traffic Attorneys Worcester Operating Influence Alcohol
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.
Johnny v.
Commonwealth
Facts:
A jury convicted
defendant of operating a motor vehicle while under the influence of
intoxicating liquor (OUI), negligent operation of a motor vehicle so as to
endanger, and being a person under 21 years of age in possession of alcohol.
The District Court Department in Worcester (Massachusetts) entered a finding of
guilt as to the second offense portion of the OUI charge. Defendant appealed.
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:
- That the case against a
defendant is "circumstantial" in some sense of that dubious term
does not suggest that the proof is insufficient. While it is not necessary
to prove that the defendant had the exclusive opportunity to commit the
crime, and while the inferences need not be inescapable or necessary, the
evidence must be such as to convince a jury beyond a reasonable doubt that
the defendant, and no one else, committed the offence charged.
- Substantive use of
pretrial identification evidence is allowed, even if the witness testifies
that he or she did not make such an identification.
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.
Friday, April 25, 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.
Kite v.
Commonwealth
Facts:
Defendant a
resident of Boston sought review of a decision by a Massachusetts district
court, in which defendant was convicted of operating a vehicle under the
influence of liquor (OUI), operating to endanger, and vehicular homicide.
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:
- Mass. Gen. Laws ch. 263,
§ 5A reads: A person held in custody at a police station or other place of
detention, charged with operating a motor vehicle while under the
influence of intoxicating liquor, shall have the right, at his request and
at his expense, to be examined immediately by a physician selected by him.
The police official in charge of such station or place of detention shall
inform him of said right immediately upon being booked, and shall afford
him a reasonable opportunity to exercise it. Such person shall,
immediately upon being booked, be given a copy of this section unless such
a copy is posted in the police station or other place of detention in a
conspicuous place to which such person has access.
- Mass. Gen. Laws ch. 90,
§ 24G reads: Whoever, upon any way to which the public has a right of
access, operates a motor vehicle in violation of paragraph (a) of
subdivision (1) of § 24 of ch. 90, or so operates a motor vehicle
recklessly or negligently so that the lives or safety of the public might
be endangered, and by any such operation so described causes the death of
another person shall be guilty of homicide by a motor vehicle and shall be
punished. It will be noted that the offenses of driving under the
influence and driving to endanger, are referred to in the disjunctive.
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.
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:
Tuesday, April 22, 2014
Massachusetts OUI Law Traffic Attorneys Boston License Suspension
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.
Lewis v. Commonwealth
Facts:
Following a de novo hearing in Boston, the motor vehicle board suspended the driver's license. The court found, inter alia, that the board did not commit error of law in its application of § 24(1)(f)(1) and the driver had no statutory basis for requesting review of the matter. The driver's refusal to submit to a chemical test when she was arrested for operating under the influence (OUI) in 2006 served as the basis for the enhanced license suspension of five years in light of the driver's two prior OUI convictions or admissions to drug treatment programs. The driver failed to show why she did not produce the police department reports at the board hearing. The certified copies of Arizona Motor Vehicle Division documents coupled with a matching photograph of the driver and her own admission that she paid a reinstatement fee constituted substantial evidence that the driver was the same person who was convicted of OUI in Arizona in 1998. Accordingly, her license was properly suspended.
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:
- A driver's license suspension hearing is limited to the issues of whether the police office had reasonable grounds to believe that the person had been operating a vehicle under the influence, whether the person was placed under arrest, and whether the person refused to submit to a chemical test. Mass. Gen. Laws ch. 90, § 24(1)(g).
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.
Sunday, April 20, 2014
Massachusetts OUI Law Traffic Attorneys Boston License Suspension
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.
Hooper v.
Commonwealth
Facts:
Following a de
novo hearing in Boston, the motor vehicle board suspended the driver's license.
The court found, inter alia, that the board did not commit error of law in its
application of § 24(1)(f)(1) and the driver had no statutory basis for
requesting review of the matter. The driver's refusal to submit to a chemical
test when she was arrested for operating under the influence (OUI) in 2006
served as the basis for the enhanced license suspension of five years in light
of the driver's two prior OUI convictions or admissions to drug treatment
programs. The driver failed to show why she did not produce the police
department reports at the board hearing. The certified copies of Arizona Motor
Vehicle Division documents coupled with a matching photograph of the driver and
her own admission that she paid a reinstatement fee constituted substantial
evidence that the driver was the same person who was convicted of OUI in
Arizona in 1998. Accordingly, her license was properly suspended.
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:
- A driver's license
suspension hearing is limited to the issues of whether the police office
had reasonable grounds to believe that the person had been operating a
vehicle under the influence, whether the person was placed under arrest,
and whether the person refused to submit to a chemical test. Mass. Gen.
Laws ch. 90, § 24(1)(g). A court will not review
evidence not presented at an agency proceeding and thus not in the record
unless the party attempting to introduce the evidence shows good reason
for not presenting it at the proceeding. Mass. Gen. Laws ch. 30A, §
14(5)-(6).
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:
Thursday, April 17, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating 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.
Nicholas v.
Commonwealth
Facts:
The District
Court of Boston (Massachusetts) convicted defendant of vehicular homicide while
operating a motor vehicle under the influence of intoxicating liquor (OUI),
vehicular homicide while operating a motor vehicle so as to endanger the lives
and safety of the public, operating a motor vehicle while under the influence,
operating a motor vehicle so as to endanger the public, and failure to keep to
the right. Defendant appealed.
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:
- By statute, if the
percentage of alcohol in a defendant's blood is .10 percent or more, there
is a presumption that such defendant was under the influence of
intoxicating liquor. Mass. Gen. Laws ch. 90, § 24(1)(e).
- The fact that an
examining physician did not have any personal knowledge of a test in a
medical record goes to the weight of the evidence and not its
admissibility.
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:
Wednesday, April 16, 2014
Massachusetts OUI Law Traffic Attorneys Boston Suspended License
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.
Kutcher v.
Commonwealth
Facts:
Following a de
novo hearing in Boston, the motor vehicle board suspended the driver's license.
The court found, inter alia, that the board did not commit error of law in its
application of § 24(1)(f)(1) and the driver had no statutory basis for
requesting review of the matter. The driver's refusal to submit to a chemical
test when she was arrested for operating under the influence (OUI) in 2006
served as the basis for the enhanced license suspension of five years in light
of the driver's two prior OUI convictions or admissions to drug treatment
programs. The driver failed to show why she did not produce the police
department reports at the board hearing. The certified copies of Arizona Motor
Vehicle Division documents coupled with a matching photograph of the driver and
her own admission that she paid a reinstatement fee constituted substantial
evidence that the driver was the same person who was convicted of OUI in
Arizona in 1998. Accordingly, her license was properly suspended.
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:
- A court will not review evidence not
presented at an agency proceeding and thus not in the record unless the
party attempting to introduce the evidence shows good reason for not
presenting it at the proceeding. Mass. Gen. Laws ch. 30A, §
14(5)-(6). A driver's license suspension hearing is
limited to the issues of whether the police office had reasonable grounds
to believe that the person had been operating a vehicle under the
influence, whether the person was placed under arrest, and whether the
person refused to submit to a chemical test. Mass. Gen. Laws ch. 90, §
24(1)(g).
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.
Tuesday, April 15, 2014
Massachusetts OUI Law Traffic Attorneys Boston Operating 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.
Jeremy v.
Commonwealth
Facts:
The District
Court of Boston (Massachusetts) convicted defendant of vehicular homicide while
operating a motor vehicle under the influence (OUI) of intoxicating liquor,
vehicular homicide while operating a motor vehicle so as to endanger the lives
and safety of the public, operating a motor vehicle while under the influence,
operating a motor vehicle so as to endanger the public, and failure to keep to
the right. Defendant appealed.
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:
- Under Mass. Gen. Laws
ch. 233 § 79, records kept by hospitals under Mass. Gen. Laws ch. 111, §
70 shall be admissible as evidence so far as such records relate to the
treatment and medical history of such cases but nothing therein contained
shall be admissible as evidence which has reference to the question of
liability. The statute in effect provides an exception to the hearsay rule
which allows hospital records to be admitted to prove the truth of the
facts contained therein, in so far as those facts relate to treatment and
medical history.
- Absent exceptional
circumstances, the appellate court does not consider appeals on assignment
of error on complaints placed on file since no appeal may come before the
appellate court until after judgment, which in criminal cases is the
sentence.
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:
Monday, April 14, 2014
Massachusetts OUI Law Traffic Attorneys Boston Arrest License Suspension
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.
Daniel v.
Commonwealth
Facts:
Following a de
novo hearing in Boston, the motor vehicle board suspended the driver's license.
The court found, inter alia, that the board did not commit error of law in its
application of § 24(1)(f)(1) and the driver had no statutory basis for
requesting review of the matter. The driver's refusal to submit to a chemical
test when she was arrested for operating under the influence (OUI) in 2006
served as the basis for the enhanced license suspension of five years in light
of the driver's two prior OUI convictions or admissions to drug treatment
programs. The driver failed to show why she did not produce the police
department reports at the board hearing. The certified copies of Arizona Motor
Vehicle Division documents coupled with a matching photograph of the driver and
her own admission that she paid a reinstatement fee constituted substantial
evidence that the driver was the same person who was convicted of OUI in
Arizona in 1998. Accordingly, her license was properly suspended.
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:
- A driver's license
suspension hearing is limited to the issues of whether the police office
had reasonable grounds to believe that the person had been operating a
vehicle under the influence, whether the person was placed under arrest,
and whether the person refused to submit to a chemical test. Mass. Gen.
Laws ch. 90, § 24(1)(g).
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.
Sunday, April 13, 2014
Massachusetts OUI Law Traffic Attorneys Boston Suspended License
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:
Following a de
novo hearing in Boston, the motor vehicle board suspended the driver's license.
The court found, inter alia, that the board did not commit error of law in its
application of § 24(1)(f)(1) and the driver had no statutory basis for
requesting review of the matter. The driver's refusal to submit to a chemical
test when she was arrested for operating under the influence (OUI) in 2006
served as the basis for the enhanced license suspension of five years in light
of the driver's two prior OUI convictions or admissions to drug treatment
programs. The driver failed to show why she did not produce the police
department reports at the board hearing. The certified copies of Arizona Motor
Vehicle Division documents coupled with a matching photograph of the driver and
her own admission that she paid a reinstatement fee constituted substantial
evidence that the driver was the same person who was convicted of OUI in
Arizona in 1998. Accordingly, her license was properly suspended.
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:
- Pursuant to Mass. Gen.
Laws ch. 30A, § 14(7), a superior court has authority to review the final
decisions of state administrative agencies in an adjudicatory proceeding.
The court may reverse, remand, or modify an agency decision if the
substantial rights of any party have been prejudiced because the agency's
decision was based upon an error of law, was unsupported by substantial
evidence or unwarranted by facts found by the agency, or was arbitrary and
capricious or otherwise not in accordance with law.
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 |
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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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