OUI Dukes Massachusetts Lawyer Evidence Notice Privilege

Commonwealth v. Vincent

Facts:

Defendant was convicted in the District Court Department (Massachusetts) of operating a motor vehicle while under the influence of intoxicating liquor, under Mass. Gen. Laws ch. 90, § 24(1)(a)(1), and negligent operation of a motor vehicle on a public way, under Mass. Gen. Laws ch. 90, § 24(2)(a). He appealed his convictions.

OUI Dukes Massachusetts Lawyer Evidence Notice Privilege

Issue:

• Whether statutory predicates to admitting the test results were met?

Discussions:

Defendant said admitting a form consenting to a breathalyzer test without redacting a notice of his Mass. Gen. Laws ch. 263, § 5A right to an independent medical exam violated his privilege against self-incrimination in Mass. Const. Decl. Rights art. 12. The supreme judicial court held his privilege against self-incrimination was not violated because (1) the notice stated an option, so it was advisory, not compulsory, and (2) his failure to produce an independent exam could be for non-incriminating reasons. It was error to admit the form without redacting the notice because the notice served no relevant evidentiary purpose, as (1) whether statutory predicates to admitting the test results were met, including notification of the right to an independent medical exam, was not within the jury’s province, (2) evidence of notice of this right did not vouch for the test results’ credibility or help the jury find their proper weight, and (3) the notice was not admissible evidence of crime elements. The failure to redact the notice was not reversible error because it was not prejudicial, as overwhelming evidence satisfied the per se prong of Mass. Gen. Laws ch. 90, § 24(1)(a)(1).

The Gilmore & Sris Massachusetts lawyers will do their best to help you with your OUI case. Contact a Massachusetts lawyer from our firm to discuss your OUI case.

A Massachusetts lawyer from our firm will talk with you about your OUI case in Massachusetts and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have a client meeting location in Cambridge.

Article written by A Sris

Click to Chat

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.