OUI Norfolk Massachusetts Lawyer License Suspension Revocation
OUI Norfolk Massachusetts Lawyer License Suspension Revocation
Commonwealth v. Joy
Facts:
Following the denial of his motion to suppress, a jury convicted defendant of operating while under the influence of intoxicating liquor (OUI) (seventh or subsequent offense), operating with a license suspended for a prior OUI, and operating with a revoked license. The Appeals Court (Massachusetts) reversed the denial of the motion to suppress and set aside the convictions. The Commonwealth appealed.
OUI Norfolk Massachusetts Lawyer
Issue:
- Whether encounter with an off-duty officer because the officer’s actions in another jurisdiction amounted to an unlawful arrest outside of his territorial jurisdiction?
Discussions:
Defendant argued that the motion judge should have suppressed all evidence resulting from his encounter with an off-duty officer because the officer’s actions in another jurisdiction amounted to an unlawful arrest outside of his territorial jurisdiction. The supreme judicial court held that the officer’s actions in telling defendant to step out of the car, removing and retaining defendant’s keys from the ignition, and telling him to sit and wait in his car fell short of an “arrest” sufficient to trigger the citizen’s arrest rule. Instead, the officer’s actions were more akin to an investigatory stop, short of an arrest. Under the circumstances, where defendant rear ended the officer’s personal vehicle and appeared intoxicated, it was reasonable for the officer – as it would any private citizen – to prolong the “stop” until the local police arrived, in order to ensure the safety of the public and of defendant himself. Defendant was not under arrest until the local police officer arrived and placed him under arrest. Thus, there was no need to exclude the evidence obtained thereafter.
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.
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.
OUI Quincy Massachusetts Lawyer Motor Vehicle Liability Driver License
OUI Quincy Massachusetts Lawyer Motor Vehicle Liability Driver License
Charles Pal v. Commonwealth
Facts:
The board of appeal on motor vehicle liability policies and bonds upheld defendant Massachusetts Registrar of Motor Vehicles’s revocation of plaintiff driver’s license until January 5, 2016 because he had been convicted in Connecticut of his third driving a motor vehicle while under the influence of intoxicating liquor (OUI) offense. The Superior Court Department (Massachusetts) upheld the board’s decision. The driver appealed.
OUI Quincy Massachusetts Lawyer
Issue:
- Whether the Massachusetts Registrar of Motor Vehicles properly revokes the plaintiff driver’s license until January 5, 2016?
Discussion:
The appellate court held that Mass. Gen. Laws ch. 90, § 24(1)(c)(3) applied as the OUI was a third offense. Section 24(1)(c)(3) prohibited the Registrar from restoring the driving rights of a third-time offender until eight years after the date of conviction. Mass. Gen. Laws ch. 90, § 22(c) did not speak the question of how long a suspension based on OUI convictions had to last, regardless of whether the convictions occurred in-state or out-of-state. The Registrar’s claim that relying on the date of conviction for out-of-state violations was against public policy as the Registrar had no control over the timeliness of the information entered by other states into the National Driver Register was rejected. The driver was prohibited from regaining his driving privileges until October 2012, which was more than eight years after his license was suspended. The Registrar could not restore the driver’s license until October 4, 2012, the eighth anniversary of the driver’s third OUI conviction. There was substantial doubt whether the driver’s request for a hardship license was properly before the board as the application was not filed with the Registrar as required by § 24(1)(c). The judgment was vacated, and a new judgment was entered directing the board to revise its decision consistent with the appellate court’s opinion to order the Registrar to correct the termination date for the mandatory revocation of the driver’s license to October 4, 2012
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.
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.
OUI Dukes Massachusetts Jurisdiction Evidence Speeding Collision Lawyer
OUI Dukes Massachusetts Jurisdiction Evidence Speeding Collision Lawyer
Commonwealth v. Max
Facts:
At the conclusion of a bifurcated trial in the Superior Court Department (Massachusetts), defendant was convicted of operating a motor vehicle under the influence of intoxicating liquor, seventh offense, under Mass. Gen. Laws Ann. ch. 90, § 24(1)(a)(1); operating to endanger under Mass. Gen. Laws Ann. ch. 90, § 24(2)(a); and operating after revocation of his license under Mass. Gen. Laws Ann. ch. 90, § 23. Defendant appealed.
OUI Dukes Massachusetts Jurisdiction Evidence Speeding Collision Lawyer
Issue:
- Whether the motion judge abused her discretion by denying defendant’s request to renew the motion to suppress?
Discussions:
Defendant challenged the pretrial denial of his motion to suppress, contending that the motion judge improperly applied the doctrine of inevitable discovery and abused her discretion by denying defendant’s request to renew the motion to suppress. Defendant argued that the officer who stopped his vehicle lacked jurisdictional authority to stop him in another town and that the substantial incriminating evidence resulting from the stop should have been inadmissible because neither statutory nor common-law sources permitted an extraterritorially stop under the circumstances. The appellate court found no error, noting that defendant at excessive speed drove into an oncoming lane and forced the first police cruiser to drive off the road in order to avoid a head-on collision. The officer began pursuit and directed his dispatcher to inform a neighboring town of the chase and need for assistance. The officer forced defendant to pull over after a short chase and took defendant’s keys and driver’s license. As he did so, the officer from the neighboring town, where the stop occurred, took over. Those facts established the practical certainty of discovery of defendant by the second officer.
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
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.
OUI License Massachusetts Revocation Evidence Attorneys Middlesex County
OUI License Massachusetts Revocation Evidence Attorneys Middlesex County
Commonwealth v. Lambert
Facts:
Following the denial of his motion to suppress, a jury convicted defendant of operating while under the influence of intoxicating liquor (OUI) (seventh or subsequent offense), operating with a license suspended for a prior OUI, and operating with a revoked license. The Appeals Court (Massachusetts) reversed the denial of the motion to suppress and set aside the convictions. The Commonwealth appealed.
OUI License Massachusetts Revocation Evidence Attorneys
Issue:
- Whether the officer’s actions were an investigatory stop short of an arrest?
Discussions:
Defendant argued that the motion judge should have suppressed all evidence resulting from his encounter with an off-duty officer because the officer’s actions in another jurisdiction amounted to an unlawful arrest outside of his territorial jurisdiction. The supreme judicial court held that the officer’s actions in telling defendant to step out of the car, removing and retaining defendant’s keys from the ignition, and telling him to sit and wait in his car fell short of an “arrest” sufficient to trigger the citizen’s arrest rule. Instead, the officer’s actions were more akin to an investigatory stop, short of an arrest. Under the circumstances, where defendant rear ended the officer’s personal vehicle and appeared intoxicated, it was reasonable for the officer – as it would any private citizen – to prolong the “stop” until the local police arrived, in order to ensure the safety of the public and of defendant himself. Defendant was not under arrest until the local police officer arrived and placed him under arrest. Thus, there was no need to exclude the evidence obtained thereafter.
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
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.
OUI License Massachusetts Revocation Inevitable Discovery Attorneys Norfolk County
OUI License Massachusetts Revocation Inevitable Discovery Attorneys Norfolk County
Commonwealth v. Lawrence
Facts:
At the conclusion of a bifurcated trial in the Superior Court Department (Massachusetts), defendant was convicted of operating a motor vehicle under the influence of intoxicating liquor, seventh offense, under Mass. Gen. Laws Ann. ch. 90, § 24(1)(a)(1); operating to endanger under Mass. Gen. Laws Ann. ch. 90, § 24(2)(a); and operating after revocation of his license under Mass. Gen. Laws Ann. ch. 90, § 23. Defendant appealed.
OUI License Massachusetts Revocation Inevitable Discovery Attorneys Norfolk County
Issue:
- Whether the motion judge improperly applied the doctrine of inevitable discovery?
Discussions:
Defendant challenged the pretrial denial of his motion to suppress, contending that the motion judge improperly applied the doctrine of inevitable discovery and abused her discretion by denying defendant’s request to renew the motion to suppress. Defendant argued that the officer who stopped his vehicle lacked jurisdictional authority to stop him in another town and that the substantial incriminating evidence resulting from the stop should have been inadmissible because neither statutory nor common-law sources permitted an extraterritorially stop under the circumstances. The appellate court found no error, noting that defendant at excessive speed drove into an oncoming lane and forced the first police cruiser to drive off the road in order to avoid a head-on collision. The officer began pursuit and directed his dispatcher to inform a neighboring town of the chase and need for assistance. The officer forced defendant to pull over after a short chase and took defendant’s keys and driver’s license. As he did so, the officer from the neighboring town, where the stop occurred, took over. Those facts established the practical certainty of discovery of defendant by the second officer
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
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.
OUI License Massachusetts Revocation Arrest Lawyers Suffolk County
OUI License Massachusetts Revocation Arrest Lawyers Suffolk County
Michael v. Commonwealth
Facts:
Petitioner driver sought judicial review of the decision from the Board of Appeal on Motor Vehicle Liability Policies and Bonds (board), which affirmed the decision of the Registrar of Motor Vehicles (registrar) to revoke his driver’s license for two years following his second conviction for operating a motor vehicle while under the influence of liquor. He also challenged the board’s failure to address his request for a limited work license.
OUI License Massachusetts Revocation Arrest Lawyers
Issue:
- Whether the decision to revoke the drivers’ license can be upheld?
Discussions:
In September 1993, the driver was arrested for operating a motor vehicle while under the influence of liquor (OUI). In November 1993, he was again arrested on OUI charges. In January 1994, a district court found sufficient facts to convict him on both OUI charges and the registrar, pursuant to Mass. Gen. Laws ch. 90, § 24 (1994), revoked his license for the statutorily mandated two-year period from the date of his last conviction, January 10, 1994. The driver appealed and sought a limited work license that would allow him to drive between 6:00 a.m. and 6:00 p.m. The board affirmed the registrar’s decision and noted that the driver could request a hearing on the limited license request in January 1995. On appeal, the court affirmed, finding that the two year suspension was mandated by statute and that a person in the driver’s position could only apply for a limited work license, or a so-called “hardship” license, after the expiration of one year from the date of conviction. Because the driver was not even eligible to seek a limited license until January 10, 1995, the court found that his request was premature and that the board properly declined to address the issue.
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
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
OUI License Massachusetts Revocation Suspension Conviction Lawyers Bristol County
OUI License Massachusetts Revocation Suspension Conviction Lawyers Bristol County
Commonwealth v. Lee
Facts:
Following the denial of his motion to suppress, a jury convicted defendant of operating while under the influence of intoxicating liquor (OUI) (seventh or subsequent offense), operating with a license suspended for a prior OUI, and operating with a revoked license. The Appeals Court (Massachusetts) reversed the denial of the motion to suppress and set aside the convictions. The Commonwealth appealed.
OUI License Massachusetts Revocation Suspension Conviction Lawyers
Issue:
- Whether the motion judge should have suppressed all evidence resulting from his encounter with an off-duty officer?
Discussions:
Defendant argued that the motion judge should have suppressed all evidence resulting from his encounter with an off-duty officer because the officer’s actions in another jurisdiction amounted to an unlawful arrest outside of his territorial jurisdiction. The supreme judicial court held that the officer’s actions in telling defendant to step out of the car, removing and retaining defendant’s keys from the ignition, and telling him to sit and wait in his car fell short of an “arrest” sufficient to trigger the citizen’s arrest rule. Instead, the officer’s actions were more akin to an investigatory stop, short of an arrest. Under the circumstances, where defendant rear ended the officer’s personal vehicle and appeared intoxicated, it was reasonable for the officer – as it would any private citizen – to prolong the “stop” until the local police arrived, in order to ensure the safety of the public and of defendant himself. Defendant was not under arrest until the local police officer arrived and placed him under arrest. Thus, there was no need to exclude the evidence obtained thereafter.
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
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.
Massachusetts Plymouth County Operating Influence Lawyers License Revoked Attorneys
After blowing a .10 on the Breathalyzer, Williams aged 45 years was charged in Plymouth County with operating under the influence of alcohol and driving after revocation of his license. Authorities said Williams has had a Massachusetts identification card instead of a license since 1996, and that is what he presented to police when he was arrested.
An OUI offense is a very serious crime in Massachusetts.
The Gilmore & SRIS, LLC. Massachusetts OUI attorneys can defend you against any type of OUI charge.
Our Massachusetts OUI lawyers have the experience to defend you against any type of OUI charge.
Contact a Gilmore & SRIS, LLC. Massachusetts OUI lawyer in Massachusetts.
Massachusetts Child Endangerment OUI DUI Boston Cambridge Lawyers Attorneys Operating Under The Influence
Massachusetts Child Endangerment & OUI Defense
We Defend DUI/OUI Cases
A DUI/OUI charge in Massachusetts means trouble. The trouble, at once becomes even more serious if you had a child under 14 in your vehicle. You could be charged with Child Endangerment by Operating Under the Influence. You could end up losing your license for one year in addition to any additional loss of your license to drive resulting from a DUI conviction. A second or subsequent charge or conviction for Child Endangerment by Operating Under the Influence, could lead to a mandatory 6 months in jail, and a 3 year revocation of your driver’s license. You need an attorney who is experienced at defending cases of Child Endangerment by Operating Under the Influence to defend you.
Massachusetts Child Endangerment Defense Lawyer
Often many people charged with Child Endangerment By OUI end up pleading guilty simply because they are intimidated by the seriousness of the penalties and are not aware of the defenses available. Gilmore & SRIS, LLC. Massachusetts Child Endangerment By Operating Under The Influence lawyers have successfully defended several clients charged with Child Endangerment By Operating Under The Influence.
So, if you are thinking of pleading guilty, don’t do so without first talking to a Gilmore & SRIS, LLC. Massachusetts DUI/OUI lawyer. We may be able to provide you with options as to how to mitigate the charge and have the charge reduced to a lesser charge or even have the charge dismissed outright.
Contact us immediately if you have been charged with Child Endangerment By Operating Under The Influence.
We have client meeting locations in Boston & Cambridge to better serve you.
8:00 AM – 12:00 AM Midnight
