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:
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:
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:
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:
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.
Subscribe to:
Posts (Atom)
Email Us:
Our Phone #
Massachusetts | |
Cambridge | 888-437-7747 |
Worcester | 888-437-7747 |
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
Blog Archive
-
2014
(58)
- October(7)
- September(2)
- August(4)
- April(22)
- March(15)
-
February(8)
- Massachusetts OUI Law Traffic Attorneys Suffolk In...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Boston Int...
- Massachusetts OUI Law Traffic Attorneys Boston Ope...
- Massachusetts OUI Law Traffic Attorneys Operating ...
- Massachusetts OUI Law Traffic Attorneys Boston Rev...
- Massachusetts OUI Law Traffic Attorneys Boston Dri...
Powered by Blogger.
Popular Posts
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...
-
Massachusetts OUI Law Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts. As such, you could fac...