Last month, prosecutors in certain Massachusetts counties suspended the use of Breathalyzer test results in OUI cases. Meanwhile, the State Police reviewed whether the test procedures were reliable. In March, prosecutors were told about concerns with the tests, which caused a number of attorneys to look at older cases to…
If you hurt someone while drunk driving in Massachusetts, you may be charged with multiple counts, some of which may seem quite similar. In a recent case, a Massachusetts defendant was convicted of (1) drunk driving (operating under the influence or OUI), (2) drunk driving that caused a serious bodily…
On this blog, we often discuss how due to the serious nature of criminal offenses, the government bears the burden of proving all elements of a crime beyond a reasonable doubt. However, in certain cases, that is not the only burden of proof that the Commonwealth must bear. For example,…
The Supreme Judicial Court issued an opinion earlier this month, that held the common practice of eliciting opinion testimony from police officers regarding impairment in OUI cases is not permissible as evidence.This case is noteworthy, because in practice, many prosecutors have developed a habit of simply asking officers their opinion…
If this is your first time being charged with Operating Under the Influence, or OUI, you may be feeling incredibly stressed and uncertain of what’s to come. There are also some things you should know about the nature of the allegations against you.First and foremost, even in the case of…
Melanie’s Law was enacted to impose harsher penalties and sanctions against people that are charged with Operating Under the Influence in Massachusetts. The law has created new offenses that were not present prior to 2005 when it was signed into law. For instance, if someone who already has their license…
In Massachusetts, the terms operating under the influence (OUI), driving under the influence (DUI), driving while intoxicated (DWI) are synonymous. The official charge is Massachusetts is known as Operating Under the Influence (OUI). This charge is a criminal offense in which a person is found to be operating a vehicle…
Last month, the U.S. Supreme Court issued a landmark decision in the area of Driving Under the Influence (DUI) Blood Alcohol Content (BAC) evidence collection, and the rammifications of the case are certain to have an impact on police departments everywhere. The case, Missouri v. McNeely, dealt with an ordinary…
In Massachusetts, the crimes of operating under the influence of alcohol or drugs is a very serious criminal offense, for which a conviction can severely impact your future. The official charge is Massachusetts is known as Operating Under the Influence (OUI), and any individual found to be operating a vehicle…
In Massachusetts, the crimes of OUI, DUI, and DWI are very serious criminal offenses, for which a conviction can severely impact your future. The official charge is Massachusetts is known as Operating Under the Influence (OUI), and any individual found to be operating a vehicle after having ingested any alcoholic…