Friday, February 28, 2014

Massachusetts OUI Law Traffic Attorneys Suffolk 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.

Olga v. Commonwealth

Facts:

The Suffolk District Court Department (Massachusetts) convicted defendant of operating a motor vehicle while under the influence of alcohol (OUI), fourth offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (2003). 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:

  • Mass. Gen. Laws ch. 90, § 24 defines operating a motor vehicle while under the influence of alcohol as operating a motor vehicle with a percentage, by weight, of alcohol in the operator's blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor. Mass. Gen. Laws ch. 90, § 24(1)(a)(1). The statute provides enhanced penalties for subsequent offenses. "DWI," driving while intoxicated, is the same as the offense of "operating under the influence" or OUI.
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, February 27, 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.

Larry 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 in Boston (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.
  • An omission of an element of a crime in the jury instructions does not require automatic reversal.
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, February 26, 2014

Massachusetts OUI Law Traffic Attorneys Boston 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.

Harrison 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 Boston (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.
Tuesday, February 25, 2014

Massachusetts OUI Law Traffic Attorneys Boston Intoxicating Liquor Infractions

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.

Locke v. Commonwealth

Facts:

Defendant was convicted in the Boston District Court Department (Massachusetts) of negligently operating a motor vehicle and operating a vehicle while under the influence of intoxicating liquor (OUI), in violation of Mass. Gen. Laws ch. 90, § 24, and two civil motor vehicle infractions. After a jury-waived trial, he was found guilty of OUI, third offense. He appealed his convictions.

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(4) provides that certified attested copies of original court papers are "prima facie evidence" that a defendant previously was convicted. In criminal cases, when evidence "A" is prima facie evidence of fact "B," then, in the absence of competing evidence, the fact finder is permitted but not required to find "B" beyond a reasonable doubt. Prima facie provisions represent the legislature's considered judgment that certain evidence (usually administratively easier to produce) is so probative of an aspect of a crime that it is sufficient to meet the Commonwealth's burden of production on that issue.
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, February 24, 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.

Commonwealth v. Hicks

Facts:

Plaintiff Commonwealth appealed from the allowance of a motion to suppress evidence in the District Court of Massachusetts, after defendant was charged in Boston with operating a motor vehicle while under the influence (OUI) of intoxicating liquor in violation of Mass. Gen. Laws ch. 90, § 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:

  • In reviewing a ruling on a motion to suppress evidence, the court accepts the judge's subsidiary findings of fact absent clear error and leave to the judge the responsibility of determining the weight and credibility to be given oral testimony presented at the motion hearing. Moreover, the court gives substantial deference to the judge's ultimate findings and conclusions of law, but independently reviews the correctness of the judge's application of constitutional principles to the facts found.
  • Reasonable suspicion that the defendant was operating while under the influence of intoxicants would suffice to justify the minimally intrusive detention and search that field sobriety tests entail.
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, February 21, 2014

Massachusetts OUI Law Traffic Attorneys Operating Vehicle 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.

George v. Commonwealth

Facts:

A jury convicted defendant of operating a motor vehicle while under the influence of alcohol (OUI), and then, in a separate bench trial, a judge found that this was defendant's fourth OUI offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1). 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:

  • Certified court records of conviction are admissible under a hearsay exception for business records under Mass. Gen. Laws ch. 233, §§ 76, 78.  Moreover, business and public records are generally admissible absent confrontation because-having been created for the administration of an entity's affairs and not for the purpose of establishing or proving some fact at trial-they are not testimonial. Certified records of convictions are created to establish the fact of adjudication, so as to promote accountability to the public regarding official proceedings and public knowledge of the outcomes of those proceedings..
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, February 20, 2014

Massachusetts OUI Law Traffic Attorneys Boston Revoked 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.

Edward v. Commonwealth

Facts:

In a operating under influence (OUI) case in Boston, the Defendant was found guilty of homicide by motor vehicle while under the influence of intoxicating liquor, operating the same having been previously convicted of a like offense, operating a motor vehicle after his license to do so had been suspended or revoked, leaving the scene of an accident after causing personal injury and property damage, and failing to stop for a police officer. The commonwealth applied for direct appellate review.

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)(e) reads in part as follows: when there is no evidence presented at a civil or criminal proceeding of the percentage by weight, of alcohol in the defendant's blood, the presiding judge at a trial before a jury shall include in his instructions to the jury a statement of an arresting officer's responsibilities upon arrest of a person suspected to be operating a motor vehicle under the influence of alcohol and a statement that a blood alcohol test may only be administered with a person's consent; that a person has a legal right to take or not take such a test; that there may be a number of reasons why a person would or would not take such a test; that there may be a number of reasons why such test was not administered; that there shall be no speculation as to the reason for the absence of the test and no inference can be drawn from the fact that there was no evidence of a blood alcohol test; and that a finding of guilty or not guilty must be based solely on the evidence that was presented in the case.
  • Mass. Gen. Laws ch. 278, § 11A (1994) requires a separate trial for a defendant who faces increased punishment for second and subsequent offenses. Under the statute, if a defendant pleads not guilty to the assertion that he is a subsequent offender, he shall be entitled to a trial by jury on the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury.
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, February 18, 2014

Massachusetts OUI Law Traffic Attorneys Boston Driving 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.

Thomas v. Commonwealth
Facts:
In an Operating Under Influence (OUI) case, the Defendant sought review of a decision by a Massachusetts district court, in which defendant was convicted in Boston of operating a vehicle under the influence of liquor in traffic, 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.

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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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