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Articles Posted in DUI defenses

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Best Defenses to a Massachusetts OUI charge from DelSignore Law

DEFENDING YOUR CASE IN COURT In this Blog post, Massachusetts OUI Lawyer Michael DelSignore discusses how he defends OUI cases in Court.  Attorney DelSignore has been recognized for his work on OUI Defense by SuperLawyers Magazine 4 years in a row as a top OUI Lawyer.  This magazine ranks lawyers…

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Massachusetts OUI License Suspensions for every offense Level–From DelSignore Law

Attorney Michael DelSignore has been helping people avoid Massachusetts OUI Convictions for over 20 years.  It is a job that he loves and he is known in Courts throughout Massachusetts for OUI Defense.  In this Blog post, you will have listed the Penalties and Consequences of an OUI in Massachusetts…

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Massachusetts Appeals Court explains when a failed breath test attempt can be admitted during an OUI trial

Breath test evidence is heavily contested in Massachusetts OUI trials.  When someone takes a breath test, as a Massachusetts OUUI Lawyer, we attempt to exclude the results from evidence as being unreliable.  But what happens if the machine does not register, is the failed attempt to take a breath test…

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Massachusetts SJC finds all involuntary blood draws inadmissible in prosecutions for OUI

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Charles Bohigian today holding that a blood draw without the consent of the defendant is inadmissible into evidence.  This case arose out of the Westborough District Court and was transferred to Worcester District Court for trial. The defendant was…

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Massachusetts SJC to decide OUI blood test on the issue of whether consent is required for a blood test in the case of Commonwealth v. Bohigan

The Massachusetts Supreme Judicial Court heard oral arguments in the case of Commonwealth v. Bohigian on February 10, 2020, dealing with the issue of the admissibility of a blood test in a OUI case involving Serious Bodily injury.  The case arose out of the Westboro District Court. What is Serious…

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Consent in warrantless blood draw OUI arrest defined by Appeals Court in case out of Palmer District Court

Recently, the Supreme Court of the United States decided three cases that require a new look at determining the standard for consent under the Fourth Amendment to the Constitution. In Missouri v. McNeely, the Court held that the taking and testing of a person’s blood could not be done without probable…

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Why Hospital Blood tests for Alcohol level are not scientifically reliable in Massachusetts OUI arrests 

     In many cases, when you are involved in an accident, the Commonwealth will make a motion to summons your hospital records to determine your blood alcohol content.  While this motion is often allowed, it should be objected to as the Commonwealth does not have an unlimited right to…

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Defining Consent to a Blood test in a Massachusetts OUI arrest–Appeals Court to address the issue in Commonwealth v. Dennis

The Commonwealth of Massachusetts Appeals Court is currently considering the case of  Commonwealth v. Brian Dennis  raise the issue of how the Commonwealth proves consent to a blood test.  Dennis is being represented by a very talented DUI lawyer Joesph Bernard out of Springfield who I have known for many…

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Massachusetts SJC to address opinion testimony at OUI trial and whether there was enough evidence to conduct on negligent operation

The SJC recently heard oral arguments in the case of Commonwealth v. Zagwyn, and is considering the two main issues of improper opinion testimony by the officer as well as a conviction on a negligent operation charge. For the guilty finding on the negligent operation, counsel highlighted that the defendant…

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Which Massachusetts Police Departments have Video of OUI arrests?

Video of an individual taking the field sobriety tests in a Massachusetts OUI arrests rarely exists as most Massachusetts police departments do not have cruiser video.  This is surprising to most people that meet with me to discuss an OUI charge believe that the entire encounter will be on video of…

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