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…
As evidenced by recent news coverage, high school college student crime is significant and is an evolving and expanding area of the law. With the advent of social networking sites such as Facebook, twitter, YouTube, etc., issues involving high school and college students have become widely publicized and come under…
I see it all too often. A person has an unresolved criminal case or probation matter and they forget or fail to come to court or visit with their probation officer when told to. Sometimes people get into trouble at different points in their lives when they abused alcohol or…
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…
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…
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…
The Law Office of Patrick J. Murphy has succeeded in convincing the Supreme Judicial Court of Massachusetts for Suffolk County to allow an interlocutory appeal to review the denial of a motion to suppress evidence seized from a defendant through an unlawful and warrantless search of a cell phone. The…
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,…
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…
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…