Earlier this month, a state appellate court issued a written opinion in a Massachusetts DUI case upholding the defendant’s conviction after affirming the denial of his motion to suppress. Ultimately, the court concluded that the officer’s stop of the defendant was justified based on the officer’s observations that the defendant’s…
Earlier this year, a state appellate court issued an opinion in a Massachusetts OUI case requiring the court to determine if the lower court properly denied the defendant’s motion to suppress the statements he made to the state trooper that had arrested him. Ultimately, the court concluded that the trooper’s testimony…
Many Massachusetts DUI cases are based on breathalyzer test results. These tests, often given on the side of the road by police officers, have come under intense scrutiny across the country for being less than accurate. Over the past several years, Massachusetts criminal defense attorneys have been litigating the admissibility…
In a 2017 Massachusetts appellate case, the defendant appealed from convictions for operating a vehicle under the influence of drugs (M.G. L. c. 90, § 24(1)(a)(1)) and negligent operation of a motor vehicle (M.G. L. c. 90, § 24(2)(a)). The case arose when a cop in an unmarked car saw…
Under the Sixth Amendment and article 12 of the Massachusetts Declaration of Rights, a defendant is supposed to be advised of the right to an attorney before a critical stage of criminal proceedings. In Commonwealth v. Neary-French, the Massachusetts Supreme Judicial Court considered whether the 2003 amendment to M.G.L. chapter…
In the recent case of Commonwealth v. Ross, the defendant appealed from an OUI conviction, her fifth offense, and operating a motor vehicle under the influence with a suspended or revoked license under Massachusetts G. L. c. 90, § 23. The case arose when the defendant was driving on a…
In Commonwealth v. Botelho, the defendant appealed after being convicted of a second offense OUI. The only issue before the jury at trial was whether he was drunk at the time of the collision or whether his demeanor arose out of his hearing impairment plus the effect of the crash.…
In Commonwealth v. Cormier, the defendant was arrested for an OUI and speeding in 2012. He agreed to take a Breathalyzer test. The results of the test showed he was above the statutory limit for alcohol consumption. During discovery, the defendant asked for the manual for the particular Breathalyzer machine…
Under G. L. c. 90, § 24(1)(a)(1), anybody in Massachusetts who operates a motor vehicle in a place where the public has access with .08 blood alcohol content, or while under the influence of intoxicating liquor, marijuana, narcotics, depressants, stimulants, or glue vapors can be punished by a fine of…
Last month, prosecutors in certain Massachusetts counties suspended the use of Breathalyzer test results in OUI cases. Meanwhile, the State Police reviewed whether the test procedures were reliable. In March, prosecutors were told about concerns with the tests, which caused a number of attorneys to look at older cases to…