Lawyers In Massachusetts

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.

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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.

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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).

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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.


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.