Articles Posted in DUI drugs

In a Massachusetts OUI drugs case, the Commonwealth needs to prove the concentration of drugs in your system to be able to prove you were under the influence of a drug like marijuana, heroin or a prescription drug.  The Commonwealth can attempt to show you were impaired based on observations,…

Narcan: Not Just For Criminal Overdose As early as the 1960s, the drug, Naloxone, commonly known as Narcan, has been widely used to reverse the effects of opioid overdose. Medical personnel use Narcan to revive patients who have overdosed on opioid-based drugs. In criminal Driving Under the Influence (DUI) cases,…

Under Massachusetts OUI Law, the prosecutor does not have to prove that alcohol is the sole cause of the impairment.  I had this issue in a recent trial where the Commonwealth was attempting to allege that my client was impaired through the combined impact of alcohol and marijuana.     …

The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. Davis.  The Justice had to determine what is the standard to determine if there is probable cause to arrest a driver for being impaired by marijuana. In the Davis case, the defendant was stopped for speeding, the…

   The Massachusetts Supreme Judicial Court will hear arguments this Friday September 7, 2018 in the case of Commonwealth v. Davis.      The case raises the issue when the police have probable cause to arrest based on a belief that someone is impaired by marijuana.  In this case, the…

After the Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Gerhardt, many wondered how the Commonwealth would prove OUI Marijuana cases in Court.  Charges involving OUI drugs, including marijuana are difficult to prove.  However, these cases are still being prosecuted in the court. The SJC in Gerhardt did…

The Massachusetts Supreme Court ruled today in Commonwealth v. Thomas Gerhardt that field sobriety tests are admissible for an OUI marijuana, but cautioned that jurors cannot rely on these tests in and of themselves to find someone guilty or impaired by marijuana. The model jury instruction drafted in the opinion…

Tiger Woods was charged with DUI drugs in Florida.  According to the CNN news report, there was evidence of fresh damage to his car, he was found asleep at the wheel and failed field sobriety tests.  Woods did submit to a breath test and registered a 0.00, revealing no alcohol…

Back in November of 2016, Massachusetts voters ultimately voiced their opinion and voted for the legalization of recreational marijuana. Supporters of such legalization have argued that the new law would take marijuana out of the ‘black market’ and would be subjected to applicable tax; marijuana would produce tax dollars for…

Field sobriety tests are commonly used in OUI alcohol cases. The Massachusetts Supreme Court will address, in the case of Commonwealth v. Gerhardt, whether these tests are accurate and reliable for when someone is arrested for OUI marijuana in Massachusetts. The police have been using field sobriety tests to help…