Massachusetts OUI Driving Influence Operating Public Safety Theme Lawyers Attorneys
Because defendant did not object to a prosecutor’s “public safety theme” until after the jury retired to deliberate, and because the comments were a simple marshalling of the evidence, defendant was properly convicted of operating a motor vehicle while under the influence of alcohol, in violation of Mass. Gen. Laws ch. 90, § 24.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Driving Influence Suppress Operating Warrant Emergency Lawyers Attorneys
Trial court properly denied defendant’s motion to suppress evidence in a trial for operating a motor vehicle while under the influence of alcohol, under Mass. Gen. Laws ch. 90, § 24; a police officer was justified in stopping defendant under the emergency exception to the warrant requirement, based on an anonymous tip concerning a drunk driver.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Driving Influence Breathalyzer Lawyers Attorneys
As the Commonwealth made it necessary to furnish expert testimony if it wished to be able to use a high breathalyzer reading in regard to Mass. Gen. Laws ch. 90, § 24(1)(a), it was error for the trial court to allow the Commonwealth to introduce the breathalyzer result and to instruct the jury that they might infer a violation on the basis thereof.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Driving Influence Suspension License Hardship Lawyers Attorneys
Trial court properly dismissed indictment charging defendant with operating motor vehicle after suspension of license for operating under influence under Mass. Gen. Laws ch. 90, § 23, as defendant was issued hardship license, described in Mass. Gen. Laws ch. 90, § 24(1)(c)(3), as “a new license,” and thus, Commonwealth could not prove violation.
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Massachusetts OUI Driving Influence Revoking Operating License Lawyers Attorneys
Judgment revoking driver’s operating license was affirmed as driver had been convicted of operating under the influence five times for purposes of Mass. Gen. Laws ch. 90, § 24(1)(c)(3 3/4), even though there had been 30 years between fourth and fifth convictions, and look-back period of 10 years had been eliminated.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Driving Influence Operating Endanger Lawyers Attorneys
Because amending a count for operating to endanger in order to find defendant guilty of misdemeanor motor vehicle homicide by negligent operation so as to endanger under Mass. Gen. Laws ch. 90, § 24G(b) added an element not required by the original charge and exposed defendant to an increased penalty, it was an impermissible amendment of substance.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Driving Influence Operating Lawyers Attorneys
When a jury convicted defendant of operating a motor vehicle under the influence of intoxicating liquor, a later finding, in a bench trial, that this was his third offense was vacated because he did not waive a jury in writing, under Mass. Gen. Laws ch. 263, § 6, nor was a colloquy held to find whether he knowingly and intelligently waived a jury.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Legal Alternative Operating While Intoxicated Defense Lawyers Attorneys
As defendant did not present evidence that there were no effective legal alternatives for abating a medical emergency other than operating while intoxicated in violation of Mass. Gen. ch. 90, § 24(1)(a)(1), to take his injured girl friend to a hospital, it was not error to disallow the defense of necessity and decline to instruct on the defense.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Suspended License Conviction Motor Vehicle Actual Notification Lawyers Attorneys
Under Mass. Gen. Laws ch. 90 § 24(1)(b) (eff. July 21, 2002), a licensee’s suspended license went into effect immediately upon his conviction on a second OUI charge even though the state registry of motor vehicles did not receive actual notification of the conviction until over two years later.
An OUI offense is a very serious crime in Massachusetts.
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Massachusetts OUI Remedial Nature Punitive Lawyers Attorneys
Mass Gen. Laws ch. 90, § 24 1/2, requiring individuals with two or more operating under the influence convictions to install an Ignition Interlock Device on their vehicles, was not an ex post facto law. The statute was remedial in nature; the fact that it imposed a heavy burden upon individuals such as plaintiff did not render it punitive.
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.
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