In the recent case of Commonwealth v. Ross, the defendant appealed from an OUI conviction, her fifth offense, and operating a motor vehicle under the influence with a suspended or revoked license under Massachusetts G. L. c. 90, § 23. The case arose when the defendant was driving on a…
In Commonwealth v. Botelho, the defendant appealed after being convicted of a second offense OUI. The only issue before the jury at trial was whether he was drunk at the time of the collision or whether his demeanor arose out of his hearing impairment plus the effect of the crash.…
In Commonwealth v. Cormier, the defendant was arrested for an OUI and speeding in 2012. He agreed to take a Breathalyzer test. The results of the test showed he was above the statutory limit for alcohol consumption. During discovery, the defendant asked for the manual for the particular Breathalyzer machine…
Breaking and entering is a crime under G. L. c. 266, § 18. The law defines breaking and entering as the act of entering a dwelling at night or a building, ship, or motor vehicle during the day with the intent to commit a felony. It can lead to fines…
In Commonwealth v. Jovani A. Garcia, the defendant was charged with possession with intent to distribute crack cocaine. Two detectives were doing undercover surveillance in a “high crime area” at the prompting of neighbor complaints. One detective was in an unmarked vehicle, while another was near a residential building. A…
In Commonwealth v. Rivera, co-defendants were convicted of armed assault with intent to murder, armed robbery, assault and battery with a dangerous weapon, kidnapping, and armed carjacking. They appealed from their conviction. One claimed the judge showed racial bias during jury selection and that there was insufficient evidence to sustain…
Under G. L. c. 90, § 24G(b), somebody who operates a car or other vehicle recklessly or negligently and endangers the lives of others, and thereby causes another’s death, can be convicted of homicide by a motor vehicle. The punishment is imprisonment in jail or a house of correction for…
Under G. L. c. 90, § 24(1)(a)(1), anybody in Massachusetts who operates a motor vehicle in a place where the public has access with .08 blood alcohol content, or while under the influence of intoxicating liquor, marijuana, narcotics, depressants, stimulants, or glue vapors can be punished by a fine of…
In the nonbinding Massachusetts appellate case of Commonwealth v. Morris, the court considered a defendant’s conviction by jury for assault with intent to rape, assault and battery, and indecent assault and battery. He appealed on the grounds that the judge should not have allowed improper testimony about the demeanor of…
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…