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A Jury in a Massachusetts OUI charge normally is before a jury of Six. Recently I had a trial in Quincy District Court where we proceeded with a jury of five people. As is typical in the District Court, the court did not have enough jurors. Rather than picking another…
You win your OUI case; you have the judge allow a motion to reinstate their license. The client is relieved; they are back on the road. But not so fast, the hearing officer says that they will consider the reinstatement and get back to the person in ten days. Why…
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…
The Massachusetts Legislature is considering requiring first time offenders to have the ignition interlock imposed if convicted of a first time OUI offense. All states, except Massachusetts, have laws that may require first-time drunk driving offenders to install “ignition interlock devices” in their vehicles. This device is like a mini-breathalyzer…
The Commonwealth of Massachusetts requires a license to carry, or LTC, to purchase, possess, and carry a handgun, shotgun, or rifle. But what does possession actually mean? Of course, if you have the gun on your person, such as in your pocket or purse, then you are in possession of…
In Massachusetts, those charged with OUI since August of 2017 have not had breath test evidence used in Court. This was based on some egregious violations of discovery orders in the 9510 breath test litigation that began in 2015. To remedy the problem with the Office of Alcohol Testing not…
The U.S. Supreme Court will decide whether to hear the case of Zamudio v. United States which raises the issue of whether a search warrant can legally be issued for a suspected drug trafficker’s residence without evidence that the residence is being used for criminal activity. Attorneys for Juan Zamudio…
The recent deadly motorcycle crash in New Hampshire has brought light to the issue of whether the defendants CDL license should have been active at the time of the incident. In 2013 the defendant, Volodymyr Zhukovskyy, received an immediate threat license suspension after being arrested and charged with OUI. He…
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…
As a non-resident of Massachusetts who may be traveling within the State, are you allowed to carry a gun and what do you need to know if stopped by the police while carrying a gun? Do not assume that a license from another state allow you to carry a firearm…