Articles Posted in DUI defenses

The two most difficult decisions for any Massachusetts OUI Attorney are typically: Should the client testify; & should we elect a bench or jury trial. In this Blog, I will discuss the decision whether or not to testify at trial. When preparing for trial, a client will have some piece…

An OUI trial in Massachusetts is governed by rules and laws that allow and prohibit certain statements, reports, and objects from admission into evidence. Once a statement or item is admitted into evidence, it may be considered by the judge or jury for the purposes of reaching a verdict. In…

The right of against unreasonable seizures in the Fourth Amendment to the U.S. Constitution is invoked frequently in the context of traffic stops, where officers temporarily “seize” a driver and his vehicle for questioning. It is established law, however, that an officer is only authorized to stop a vehicle where…

The Oregon Court of Appeals issued a decision prohibiting police officers from forcefully entering the home of an individual whom they believed operated a vehicle while intoxicated. Finding no emergency where the suspect was under the influence and had locked himself and his seven-year old child into their home, the…

You were stopped for speeding after having consumed alcohol? Can a police officer order you to take field sobriety tests in Massachusetts. This Blog will explain under what circumstances field sobriety tests can be ordered and the type of legal motion a DUI Defense Lawyer can make to challenge the officer’s…

What happens if you are stopped for OUI in Foxboro after a Patriot’s game or concert and the police find alcohol in the car. How will finding alcohol in the car impact the defense of a drunk driving charge. When the police find evidence in a car it is not…

If you were arrested for OUI in East Bridgewater, there should be video of your OUI arrest. the video that the police have will be referred to as a booking video. The East Bridgewater police department does not have a police cruiser camera video. There are a few departments that…

The Fourth Amendment of the United States Constitution protects citizens from unreasonable search and seizure. Part of this requires a police officer to have a reasonable suspicion of criminal activity in order to conduct a vehicle stop or any other search of a suspect. As a Massachusetts OUI attorney, this…

One question that comes up for a Massachusetts OUI Lawyer is “when can a police officer make an arrest outside of his or her jurisdiction?” Whether a police officer had a basis to stop you under the Fourth Amendment is one of the first lines of defenses that is pursued…

Recently, the New York Times Opinion Pages posted an article titled, “Why Police Lie Under Oath”. Police lying under oath is both surprising and dangerous. While the New York Times Article discusses the issue regarding drug cases, which is particularly current in light of the Massachusetts drug lab scandal, police…