Connor v Sam

Facts:

A jury in the Cambridge District Court (Massachusetts) convicted defendant of operating a motor vehicle while under the influence of alcohol (OUI), and then, in a separate bench trial, a judge found that this was defendant’s fourth OUI offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1). Defendant appealed.

If you are facing a OUI case in Cambridge, Massachusetts, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

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Holdings:

The Massachusetts Court made the following holding:

• That a statute provides for introduction of probation records at trial does not alter the constitutional confrontation analysis.
• Registry of Motor Vehicles records are maintained independent of any prosecutorial purpose and are therefore admissible in evidence as ordinary business records under Mass. Gen. Laws ch. 233, § 78, as well as pursuant to Mass. Gen. Laws ch. 233, § 76.

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

A Massachusetts lawyer from our firm will talk with you about your criminal 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.

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Disclaimer:

These summaries are provided by the Gilmore & Sris, P.C. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

The post OUI In Massachusetts Cambridge Lawyers Operating Motor Vehicle Gen. 90 24 appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Miller v Commonwealth

Facts:

Defendant appealed his conviction by the Boston Court(Massachusetts) of a third offense of operating a motor vehicle while under the influence of intoxicating liquor (OUI), in violation of Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1994).  Defendant contended that his conviction was unconstitutional under U.S. Const. art. 1, § 9, U.S. Const. amend. XIV, and Mass. Const. Declaration of Rights arts. 12 and 24.

If you are facing a traffic case in Boston, Massachusetts, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

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Holdings:

The Massachusetts Court made the following holding:

• Mass. Gen. Laws ch. 90, § 24(1)(a)(1) (1994) provides as follows: If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense of operating a motor vehicle while under the influence of intoxicating liquor two times within 10 years preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a sentence which may include a term of imprisonment in a state prison..
• Ex post facto principles are not violated when a person convicted of operating while under the influence of intoxicating liquor, second offense, receives an enhanced penalty for previously having been convicted of a like offense, even though the prior offense occurred before the effective date of the law mandating an enhanced penalty. The enhanced punishment is imposed for a subsequent violation; it is not retroactive punishment for the first. The prior offense is not part of the crime charged; it relates only to punishment.

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.

The post Massachusetts OUI Boston Lawyer Driving Influence Conviction Violation 90 24 appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Prior v. Pauline

Facts:

Plaintiff driver sought review of the suspension of his license by the Registrar of Motor Vehicles for the Commonwealth of Massachusetts (Commonwealth) for failure to comply with Mass Gen. Laws ch. 90, § 24 1/2. The parties filed cross-motions for judgment on the pleadings.

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Issue:

• Whether IID requirement violated the defendant’s due process rights?

Discussions:

Under § 24 1/2, which took effect in 2006, drivers with two or more operating under the influence (OUI) convictions were required to install a Certified Ignition Interlock Device (IID) on their vehicles. Plaintiff, who had been convicted of OUI in 1990 and 1994, refused to install the device. The court rejected plaintiffs’ argument that Mass Gen. Laws ch. 90, § 24 1/2 was an ex post facto law in violation of U.S. Const. art. I, § 9 and Mass. Const. Decl. Rights art. 24. The statute’s dominant purpose was to protect public safety; thus, it was remedial. The fact that the IID requirement imposed a heavy burden upon individuals such as plaintiff did not render it punitive. Next, the court rejected plaintiff’s argument that because he had operated a motor vehicle safely for 11 years, the IID requirement violated his due process rights. The statute bore a reasonable relation to the legislature’s goal of ensuring that those who had flouted the law in the past did not threaten future injury to themselves or to others. The legislature had determined that the IID requirement applied to all individuals with two or more OUI convictions. Any changes would have to be made by the legislature.

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.

The post OUI Boston Massachusetts Lawyer License Suspension Violation Vehicle appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Commonwealth v. Victor

Facts:

Defendant was convicted by a jury of Belmont District Court Department (Massachusetts) of driving a motor vehicle while under the influence of alcohol (DUI), fourth offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1). Defendant’s motion to dismiss the subsequent offense charge on the ground of double jeopardy was denied. After sentencing, defendant appealed.

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Issue:

• Whether the defendant’s double jeopardy rights are violated by charging him on subsequent offense charge?

Discussions:

Defendant’s sentencing involved Mass. Gen. Laws ch. 278, § 11A, which provided that if defendant was charged with a crime for which more severe punishment was provided for second and subsequent offenses, then before sentence was imposed, defendant was entitled to a trial by jury of the issue of conviction of a prior offense. Here, one judge sentenced defendant, a second judge determined that defendant had three prior offenses, and the first judge resentenced defendant. On appeal, defendant argued that subjecting him to a sentence enhancement after the imposition of sentence on the OUI offense exposed him to additional punishment for the same crime and violated his double jeopardy rights. The appellate court concluded that the violation of Mass. Gen. Laws ch. 278, § 11A, did not subject defendant to double jeopardy because the proceeding had not concluded and jeopardy had not terminated when the first judge imposed sentence following conviction of the OUI offense. Defendant was on notice that he had been charged with a subsequent offense. He was afforded a trial on the subsequent offense portion of the complaint and was given a single sentence based on the findings therefrom.

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.

The post DUI Belmont Massachusetts Lawyer Subsequent Motor Vehicle Enhancement appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Commonwealth v. Jake

Facts:

Defendant appealed an order from the District Court Department (Massachusetts), which granted his motion to suppress statements that he made at the scene of an automobile accident. Defendant had been charged with operating a vehicle under the influence of intoxicating liquor (OUI) or similar offense, in violation of Mass. Gen. Laws ch. 90, § 24(l)(a)(1).

OUI Suffolk Massachusetts Lawyer

Issue:

• Whether officer’s subjective intent to arrest defendant was communicated?

Discussions:

A police officer who responded to a report of an automobile accident observed defendant driving his car at that location. Upon questioning, defendant claimed that he had been at a friend’s house and he had hit a pole. The officer had observed signs of defendant’s intoxication, and he believed he had probable cause to arrest defendant for OUI. He did not communicate this fact to defendant. Defendant performed two field sobriety tests and then refused to perform a third one. Defendant was arrested and charged with OUI or a similar offense. The trial court granted suppression of defendant’s statements made after the officer determined that he had probable cause to arrest defendant, finding that defendant was in de facto custody and no Miranda warnings had been given. On appeal, the court determined that defendant was not “in custody” within the meaning of Miranda and its progeny at the time he made the statements at issue, such that there was no cause for Miranda warnings, and suppression was not warranted. The officer’s subjective intent to arrest defendant was not communicated, and there were no other factors to support a conclusion that defendant was objectively in custody.

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.

The post OUI Suffolk Massachusetts Lawyer Accident Violation Arrest appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

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.

The post OUI Norfolk Massachusetts Lawyer License Suspension Revocation appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Commonwealth v. Lucy

Facts:

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in South Boston Massachusetts. The District Court Department (Massachusetts) ruled that as a breathalyzer test was given more than one hour after defendant last drove, the Commonwealth had to introduce expert testimony on retrograde extrapolation as a prerequisite to the admission of the test results. The Commonwealth appealed.

OUI South Boston Massachusetts Lawye

Issue:

• Whether the Commonwealth introduced expert testimony on retrograde extrapolation?

Discussions:

Defendant could be convicted of OUI under Mass. Gen. Laws ch. 90, § 24 by proof that (1) her blood alcohol content (BAC) was .08 or above, or (2) her ability to drive was impaired by alcohol. The trial court held that evidence of a breathalyzer test result obtained more than an hour after her last operation of a vehicle could not be offered to prove the “per se” offense unless the prosecution offered expert retrograde extrapolation testimony establishing her BAC at the time of operation; to prove an impaired ability violation, the prosecution could offer evidence, without expert testimony, that defendant took a breathalyzer test and that the reading was greater than zero. The high court held that retrograde extrapolation was not a prerequisite to the admission of the results of a breathalyzer test due to amendments to § 24 if the test was conducted within a reasonable period of time (i.e., three hours or less) after the driver’s last operation of the vehicle. If the prosecution proceeded only on an impaired ability theory and offered evidence of a breathalyzer result of .08 or above, it had to offer expert testimony on the significance of that level as it pertained to impairment.

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.

The post OUI South Boston Massachusetts Lawyer Breathalyzer Test Results Expert Testimony appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Commonwealth v. Welch

Facts:

Defendant appealed a judgment by the trial court (Massachusetts) that convicted him of operating under the influence (OUI), fourth offense.

Operating Under Influence Somerville Massachusetts Lawyer

Issue:

• Whether Defendant’s refusal to answer booking questions and his reference to wanting a lawyer were irrelevant and inadmissible?

Discussions:

Neither the parties nor the trial court intended that evidence of defendant’s prior OUI convictions reach the jury as part of the first phase of his bifurcated trial. However, the jury learned of them when a copy of a medical subpoena was inadvertently included in an exhibit intended only to contain defendant’s medical records. Defense counsel moved for a mistrial, which the trial court denied, electing instead to remove the subpoena, give a curative instruction, and order the jurors to resume deliberations. Approximately five minutes later, the jury returned a guilty verdict. The appellate court found, inter alia, that although the error might have been palliated somewhat by the trial court’s curative instruction, the fact that the jury focused on the information, and the timing of the verdict, left it unconvinced that no harm resulted. Defendant’s refusal to answer booking questions and his reference to wanting a lawyer were irrelevant and inadmissible. The combination of errors created a substantial risk of a miscarriage of justice such that reversal was required.

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.

The post Operating Under Influence Somerville Massachusetts Lawyer Fourth Offense appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Commonwealth v. Samuel

Facts:

A jury in the District Court Department (Massachusetts) convicted defendant of operating a motor vehicle while under the influence of alcohol (OUI), and then, in a separate bench trial, a judge found that this was defendant’s fourth OUI offense, Mass. Gen. Laws ch. 90, § 24(1)(a)(1). Defendant appealed.

OUI Quincy Massachusetts Lawyer

Issue:

• Whether there was error in the admission of the probation certification?

Discussions:

Defendant argued that his confrontation rights were violated by the introduction, at the subsequent offense trial, of Registry of Motor Vehicles (RMV) records and a probation record. The appellate court found that there was error in the admission of the probation certification. This record did not qualify as a non-testimonial business record under Melendez-Diaz, but, rather, had every appearance of having been prepared in anticipation of litigation, defendant’s criminal trial for OUI as a fourth offense. It was error to admit the document absent an opportunity to cross-examine the writer. However, the introduction was harmless because a certified copy of the conviction was introduced as another exhibit. There was no Melendez-Diaz error in admission of RMV records, which were kept in the ordinary course of the business of the RMV and were admissible as business records under Mass. Gen. Laws ch. 233, §§ 76, 78. Finally, defendant’s claim that there was inadequate biographical and informational data to establish his identity with respect to the prior conviction of OUI as a third offense was rejected.

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.

The post OUI Quincy Massachusetts Lawyer Motor Vehicle Probation Certificate appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.

Harrison v. Registrar of Motor Vehicles

Facts:

After plaintiff licensee’s third conviction of operating a motor vehicle while under the influence of an intoxicating liquor (OUI), the Massachusetts Registrar of Motor Vehicles revoked his license to operate a motor vehicle in Massachusetts for eight years. He appealed; the Massachusetts Board of Appeal on Motor Vehicle Liability Policies and Bonds affirmed. He sought judicial review and moved for judgment on the pleadings.

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Issue:

• Whether the Registrar has authority to restore the license of a third-time OUI offender?

Discussions:

Plaintiff argued that his most recent OUI conviction, for which he alleged to have received a 45-day license suspension, had to be the “final decision” since both of his prior OUI convictions occurred over 20 years ago. The appellate court disagreed. Under Mass. Gen. Laws ch. 90, § 24(1)(c)(3), the Registrar was prohibited from restoring the license of a third-time OUI offender such as plaintiff until eight years after the date of conviction. As plaintiff did not have a single prior OUI conviction more than 10 years before receiving his most recent conviction, Mass. Gen. Laws ch. 90, § 24D, which provided for a suspension of between 45 and 90 days, did not apply. According, the Board did not err in applying § 24, as opposed to § 24D, when it affirmed the Registrar’s decision to suspend plaintiff’s license for eight years.

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.

The post OUI Norfolk Massachusetts Lawyer License Revocation Restoration Authority appeared first on Massachusetts DUI OUI Laws Lawyers Attorneys.