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This page is a list of DUI resources that come up in Massachusetts OUI cases. These are cases that lawyers need access to and resources that are necessary to defend OUI alcohol and OUI drug cases in court. I have included some of the common cases that I frequently look to reference in court as well as some materials that I use for cross examination. Examples include important Massachusetts OUI cases, resources for trial in Massachusetts OUI cases, and Judge Brennan’s decision allowing breath test evidence back in Massachusetts OUI cases.
Commonwealth v. Bohigian, The Commonwealth needs to prove consent for any blood draw for use in an OUI case. This case held that a warrant cannot defeat the consent requirement imposed by the statute.
Commonwealth v. Eric A. Richards
This case is used by the RMV to argue that a request for license reinstatement after a not guilty must be made immediately. This case has been drastically misinterpreted by the RMV.
Commonwealth v. Curley, 78 Mass. App. Ct. 163 (2010)
This case stands on the theory that if a defendant attempts to take a breath test with no result, the Commonwealth can admit that into evidence. A client trying to deceive the machine who ultimately does not get a breath test result could have this evidence admitted at trial.
Commonwealth v. Ralph Pierre, 72 Mass. App. Ct. 230 (2008)
This is the case requiring the 15-minute observation period before a defendant takes a breath test.
Commonwealth v. Thomas J. Gerhardt, 477 Mass. 775, (2017)
This case held that the field sobriety are not scientific tests and the jury should be informed that the field tests were never studied for marijuana. Equally important for OUI the marijuana cases, the Court held that officers cannot testify that someone is impaired by marijuana without expert training.
State of Maryland v. Consolidated Cases (Brightful case) (IMPORTANT DRUG RECOGNITION EXPERT CASE)
This case addressed the issue of trial testimony of Drug Recognition Officers when the defendant is suspected of driving under the influence of drugs.
If you have any questions about these cases & how they impact your clients OUI charge, feel free to call Attorney DelSignore at 781-686-5924.