The Boston Globe reports that at 12:51 a.m. on Saturday July 21, 2012 an off-duty Massachusetts state trooper was relieved of his active duty after being arrested for operating under the influence (OUI). The trooper, 46-year-old Daniel Sheehan, was arrested in Enfield, Connecticut after a patrolman came upon him sleeping…
Articles Posted in OUI/DUI/DWI
Pretrial Motions in Massachusetts OUI Cases Can Often Tip the Scale in Favor of the Defendant
The use of Breathalyzer test instruments has become an increasingly regular routine in the United States, as they allow police officers to make roadside determinations of intoxication. The results from roadside administered breath testing machines provides evidence of the accused’s blood alcohol content, which is enough to constitute an arrest…
The Constitutionality of Roadblocks and Sobriety Checkpoints in Massachusetts
One of the most common ways for Massachusetts State Police to charge drivers with Operating Under the Influence (OUI) is through the use of roadblocks and sobriety checkpoints. The purpose of a sobriety checkpoint as defined by the Massachusetts legislature is to “further educate the motoring public and strengthen the…
Massachusetts Safe Driving Act Attempts to Police the Use of Mobile Phones while Driving to Combat the Rising Number of Fatal Accidents
Eighteen-year-old Aaron Deveau is the first Massachusetts resident to be charged with texting while operating a motor vehicle negligently and causing injury. Deveau is also charged with one count of vehicular homicide. If convicted of both charges, the Haverhill teen faces up to four and half years in jail. Authorities…
The Errors of Roadside Breath Tests May Have a Positive Impact on the Defense of your OUI case
Over 80% of OUI cases heard by a Massachusetts Judge and 50% of OUI cases in a jury trial are dismissed. This high rate of acquittals led the Boston Globe to launch a spotlight investigation on the matter in December of 2011. The findings of the final report show that…
The Increase of Alcohol Related Deaths has Prompted New Laws to Combat ‘Extreme OUI’
Operating under the influence of drugs and/or alcohol is a serious offense in the United States, and carries severe penalties for those found guilty. In 2009, 10,839 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States. The increased perception…
Massachusetts Woman Charged with Second Offense OUI
The Boston Globe reported that a Norfolk woman is facing a second drunken driving charge after allegedly causing a multiple car collision in Attleboro according to several 911 callers. State Police charged her with operating under the influence of liquor, second offense, negligent operation of a motor vehicle, unlicensed operation,…
New Melanie’s Law Ruling in Massachusetts Helps Repeat OUI Offenders Avoid Lengthy Registry License Suspensions
In a recent ruling representing a change in the interpretation of Melanie’s Law, the Supreme Judicial Court of Massachusetts has ruled that the Massachusetts Legislature did not intend that an “admission to sufficient facts” also known as a “CWOF” or “continuance without a finding of guilt” in a drunk driving…
Operating Under the Influence in Massachusetts: A misdemeanor not to take lightly
When you are charged with operating a vehicle under the influence of alcohol or drugs, the official charge in Massachusetts is Operating Under the Influence (OUI). Today, the terms ‘OUI’ ‘DUI’ and ‘DWI’ are used interchangeably. Operating under the influence has become one of the most commonly encountered offenses in…
Drunk Driving and Roadside Field Sobriety Testing in Massachusetts OUI Cases
This article will discuss the different types of standard field sobriety tests that are currently being used by law enforcement officials in Massachusetts for people suspected of operating a motor vehicle under the influence of alcohol or drugs (OUI/DWI), commonly referred to as drunk driving. The tests used by police…