The Fifth Amendment to the United States Constitution protects criminal defendants from being compelled to testify against themselves when being investigated or prosecuted for a crime. The Massachusetts state constitution and code contain similar provisions that are designed to protect residents who are suspected of crimes from being coerced into…
Facing criminal charges in Massachusetts can be a daunting experience, especially when errors occur during the legal process. In a recent Massachusetts case, a defendant charged with OUI fifth offense and other offenses raised concerns about the denial of attorney-led voir dire. The Recent appellate ruling demonstrates that judges can…
For many individuals facing DUI charges in Massachusetts, the absence of breathalyzer evidence might seem like a silver lining. However, a recent judicial opinion sheds light on how prosecutors can still secure DUI convictions without relying on this traditional piece of evidence. At the Law Office of Patrick J. Murphy,…
In the past decade, the criminal justice system in the state of Massachusetts has become infamous for egregiously dishonest conduct by state crime labs and prosecutors, resulting in thousands of criminal convictions being overturned. While the most well-known cases of this conduct relate to drug testing procedures by the state…
Crimes involving operating a motor vehicle under the influence of drugs or alcohol, together referred to as OUI offenses, are some of the most commonly charged offenses in the state of Massachusetts. OUI crimes are unique, as the evidence required to convict a defendant (blood alcohol or drug concentration) is…
In a recent Supreme Judicial Court of Massachusetts written opinion regarding a Massachusetts drunk driving case, the court reversed the decision of the trial court convicting the defendant of operating a motor vehicle while under the influence of alcohol (OUI) and negligent operation of a motor vehicle, holding that the…
Jurisdictions across the country, including in Massachusetts, have relied on legal loopholes referred to as implied consent laws to allow law enforcement officers to obtain a blood-alcohol test from a suspect without a warrant. Implied consent laws generally function as a part of the motor vehicle licensing code and have…
Last month, a state appellate court issued a written opinion in a Massachusetts drunk driving case, discussing whether a police officer can take a motorist’s blood against their will. Ultimately, the court concluded that any involuntary blood testing done at the direction of the police without the defendant’s consent is…
One of the most common questions we get from our clients who have been arrested for a Massachusetts OUI offense is whether the police officers were allowed to take their blood without a warrant. The determination as to whether a police officer can take a motorist’s blood when they are…
For years, law enforcement officers in Massachusetts and across the country have relied on breath tests to determine an approximation of a driver’s blood alcohol content (BAC). These devices typically consist of a tube that is connected to a small machine. When an officer believes that a driver is under…