OUI Lawyers Attorneys
The “operating under” element of the OUI (G.L. c. 90, § 24) and vehicular homicide (c.90, § 24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle “while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, § 1], or the vapors of glue.” Com. v. Reynolds, 17 Mass.L.Rptr. 109, Not Reported in N.E.2d, 2003 WL 22922655 Mass.Super.,2003.
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OUI Lawyers Attorneys
“A person who drinks alcohol is required to anticipate and ascertain his or her ability to operate a motor vehicle before attempting to do so; it is no defense that such person sought shelter and stopped his vehicle because he thought he was under the influence of alcohol.” Com. v. Kiss, 59 Mass.App.Ct. 247, 794 N.E.2d 1281 Mass.App.Ct.,2003.
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OUI Lawyers Attorneys
“For purposes of determining whether a defendant operated his vehicle on a way “to which the members of the public have access as invitees or licensees,” so as to support conviction for operating a motor vehicle while under the influence of alcohol, some of the usual indicia of accessibility to the public include a paved road, the absence of signs prohibiting the public from access to the road, and street lights, curbing, houses, crossroads, and traffic.” Com. v. Kiss, 59 Mass.App.Ct. 247, 794 N.E.2d 1281 Mass.App.Ct.,2003.
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OUI Lawyers Attorneys
“When the defendant is charged with operating while under the influence of intoxicating liquor, it is immaterial whether the driver is under the influence of intoxicating liquor and other substances; in order to find guilt, the jury need only to find that the liquor contributed to the defendant’s impairment.” Com. v. Lampron, 65 Mass.App.Ct. 340, 839 N.E.2d 870 Mass.App.Ct.,2005
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OUI Lawyers Attorneys
“The mixture of alcohol with another substance is not a separate theory of culpability in a prosecution for operating under influence of liquor.” Com. v. Lampron, 65 Mass.App.Ct. 340, 839 N.E.2d 870 Mass.App.Ct.,2005.
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OUI Lawyers Attorneys
“G. L. c. 90, § 24: ‘Whoever upon any way operates a motor vehicle * * * while under the influence of intoxicating liquor * * * shall be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; except that for a second offense of operating a motor vehicle while under the influence of intoxicating liquor, a person shall be punished by imprisonment for not less than one month nor more than two years.” Com. v. Lyseth, 250 Mass. 555, 146 N.E. 18 Mass. 1925
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OUI Lawyers Attorneys
G.L. c. 90, § 24(1)( a)(1): “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment for not more than two years, or both.” Com. v. Murphy, 389 Mass. 316, 451 N.E.2d 95 Mass.,1983.
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OUI Lawyers Attorneys
“Whoever, upon any way or in any place to which the public has a right of access … operates a motor vehicle while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C … shall be punished….St.1982, c. 373, § 2 ” Com. v. Stathopoulos, 23 Mass.App.Ct. 286, 501 N.E.2d 1174 Mass.App.Ct.,1986.
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OUI Lawyers Attorneys
“Whoever … operates a motor vehicle while under the influence of intoxicating liquor, or of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C … shall be punished …” (emphasis supplied). G.L. c. 90, § 24(1)( a )(1) (1986 ed.).” Com. v. Stathopoulos, 401 Mass. 453, 517 N.E.2d 450 Mass.,1988.
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OUI Lawyers Attorneys
“General Laws c. 90, § 24(1)( e ) (1992 ed.), provides, in relevant part, if evidence of a blood alcohol test “is that such percentage was five one-hundredths or less, there shall be a presumption that such defendant was not under the influence of intoxicating liquor …; if such evidence is that such percentage was more than five one-hundredths but less than ten one-hundredths, there shall be a presumption that such defendant was under the influence of intoxicating liquor.” Com. v. O’Connor, 420 Mass. 630, 650 N.E.2d 800 Mass.,1995.
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