Friday, October 31, 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.

Ted v. Commonwealth

Facts:

Defendant sought review of the judgment from the Boston District Court Department (Massachusetts), which convicted him of operating a motor vehicle while under the influence of intoxicating liquor (OUI), pursuant to Mass. Gen. Laws. ch. 90, § 24(1)(a)(1).

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 original statute providing for punishment for operating a motor vehicle "while under the influence of intoxicating liquor," enacted in 1906, survives in Mass. Gen. Laws ch. 90, § 24(1)(a)(1). A defendant cannot withhold his consent to chemical tests or analyses of his blood or breath and then at trial reap a benefit from the presumptions of Mass. Gen. Laws ch. 90, § 24(1)(e). The statutory presumptions apply to chemical tests or analyses, not to the opinions of expert witnesses.

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.
Wednesday, October 29, 2014

Massachusetts OUI Law Traffic Attorneys Boston Criminal Negligence

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.

Ferguson v. Commonwealth

Facts:

Defendant a resident of Boston appealed the decision of the Superior Court Department (Massachusetts), which convicted defendant of homicide by a motor vehicle while under the influence (OUI) of an intoxicating substance in violation of Mass. Gen. Laws ch. 90, § 24G(a).

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, § 24G provides that whoever, upon any way or in any place to which the public has a right of access, operates a motor vehicle while under the influence of intoxicating liquor (OUI), and 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 while under the influence of an intoxicating substance. Whoever, upon any way or in any place to which the public has a right of access, operates a motor vehicle while under the influence of intoxicating liquor, or whoever operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of homicide by a motor vehicle.
  • In criminal cases, as opposed to civil negligence suits, a victim's contributory negligence, even if it constitutes a substantial part of proximate cause, but not the sole cause, does not excuse a defendant whose conduct also causes the death of another.

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.

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence 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.

Eric 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 (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:

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, October 27, 2014

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence Penalty

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.

Milton v. Commonwealth

Facts:

Defendant, an off-duty police officer, challenged a judgment from the Superior Court in Boston (Massachusetts), which convicted him of involuntary manslaughter, homicide by motor vehicle, and operating under influence (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:

  • Mass. Gen. Laws ch. 90, § 24G provides: Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24 of chapter 90, operating under the influence, 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 by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not less than three hundred nor more than three thousand dollars, or both.
  • Mass. Gen. Laws ch. 90, § 24G, is obviously designed to create an intermediate crime for motor vehicle deaths between the misdemeanor of operating to endanger and the felony of involuntary manslaughter. It was enacted to address in part the spiraling rate of highway deaths caused by negligent, reckless, and intoxicated drivers. The crime charged is sufficiently serious to merit a meaningful sanction. The court is satisfied that the discretionary range of punishment prescribed by the Legislature in § 24G does not involve a penalty grossly disproportionate to the severity of the crime, or totally at odds with the evil sought to be remedied. Indeed, the maximum penalty is only slightly more than the maxima already established for operating to endanger, Mass. Gen. Laws ch. 90, § 24(2)(a), and operating under the influence, Mass. Gen. Laws ch. 90, § 24(1)(a), both of which permit jail terms of up to two years.

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.

Massachusetts OUI Law Traffic Attorneys Boston Operating Influence 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.

Frank v. Commonwealth

Facts:

Defendant was involved in a motor vehicle accident in Boston in which two people were killed. He was charged with operating under the influence of alcohol; vehicular homicide while under the influence of alcohol (OUI); vehicular homicide by negligent operation; operating to endanger; and operating after the suspension of his license.

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 doctrine of collateral estoppel operates in criminal proceedings as part of the guarantee against double jeopardy. The doctrine has a narrow application: when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit. It applies to factual issues, not evidence. The doctrine of collateral estoppel will preclude either the subsequent prosecution or the introduction or argument of certain facts, only if the jury could not have based their verdict rationally on an issue other than the one the defendant seeks to foreclose.
  • It is well within the trial judge's discretion to deny a mistrial on the ground of prosecutorial misconduct and to rely on appropriate curative instructions even in the case of intentional misstatements by the prosecution.

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, October 24, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk Penalties

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.

Thompson v. Commonwealth

Facts:

Defendant was convicted in the Suffolk Division of the District Court Department (Massachusetts) of operating a motor vehicle while under the influence (OUI) of alcohol. He was entitled to a separate proceeding, under Mass. Gen. Laws ch. 278, § 11A, to determine whether he was convicted of the three prior OUI offenses alleged in the complaint. The parties applied for direct appellate review of reported questions of law under Mass. R. Crim. P. 34.

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, is the Massachusetts operating a motor vehicle while under the influence (OUI) statute. Mass. Gen. Laws ch. 90, § 24(1)(a)(1) makes it a crime to operate a motor vehicle on a public way while under the influence of an intoxicant, and sets forth more severe penalties for those convicted of second or subsequent offenses. In order to subject a repeat OUI offender to these greater penalties, the Commonwealth of Massachusetts must prove the prior convictions in a separate proceeding pursuant to Mass. Gen. Laws ch. 278, § 11A. This statute governs the proof of repeat offender enhancements generally.

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, October 23, 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.

Derrick v. Commonwealth

Facts:

A single justice referred to the full court the Commonwealth's petition, filed in the Supreme Judicial Court, Boston (Massachusetts), in which it sought to have set aside certain partial verdicts rendered in defendant's prosecution for vehicular homicide and operating under the influence (OUI) causing 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 offense of motor vehicle homicide, Mass. Gen. Laws ch. 90, § 24G(a), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused the victim's death. The statute goes on to identify two misdemeanor crimes of motor vehicle homicide, one predicated on driving while under the influence of liquor or drugs, the other on driving recklessly or negligently so as to endanger, and thereby causing the death of another. Mass. Gen. Laws ch. 90, § 24G(b).
  • The offense of operation of a motor vehicle while under the influence of liquor causing serious bodily injury, pursuant to Mass. Gen. Laws ch. 90, § 24L(1), requires proof that the defendant was both under the influence of liquor and operating recklessly or negligently so as to endanger, and that such operation caused serious injury to the victim. That statute provides for only one form of misdemeanor, the crime of operating while under the influence of liquor causing serious bodily injury. Mass. Gen. Laws ch. 90, § 24L(2).

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.

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About Us

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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