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Breath test evidence has not been used in Massachusetts since August 2017 as a result of serious discovery violations that occurred during the litigation in Commonwealth v. Ananias. This litigation originally started over whether the breath test source code was reliable, but evolved to include litigation about whether the Office…
In the case of Commonwealth v. Christ O. Lys’, the Massachusetts Supreme Judicial Court has to address what type of evidence is required at a motion hearing to warrant vacating a plea based on ineffective assistance of counsel. In the defendant, filed a motion for new trial to vacate a…
New Jersey Supreme Court uphold the exclusion of over 20, 000 breath test after temperature probe not performed in the case of State v. Cassidy. The New Jersey Supreme Court decision is important for OUI lawyers in Massachusetts and throughout the country as the Court attributed great weigh to…
An important type of insurance coverage is uninsured motorist coverage. This coverage protects you if you are involved in an accident with someone that does not have any insurance or has insufficient insurance. Recently, there was a case decided by the Massachusetts Appeals Court determining the scope of this type…
The Massachusetts Supreme Judicial Court will review a motion to suppress that was allowed out of the Eastern Hampshire District Court where the judge found that a single crossing of the fog line for 2 to 3 seconds did not provide reasonable suspicion for a traffic stop and was not…
As a Massachusetts Criminal Defense Lawyer, one of the most important areas of law to understand is how to gets statements excluded as in violation of your clients rights under Miranda v. Arizona. In a serious case, the difference between winning and the client accepting a plea may be your…
The Massachusetts Appeals Court decided the case of Commonwealth v. Emerton. In this case, the defendant was arrested at an OUI Roadblock on Soldiers Field Road in Brighton and the case was heard in the Brighton District Court. Soldiers Field road is an area where the State police have been…
The Massachusetts Supreme Judicial Court heard oral arguments in the case of Commonwealth v. Michelle Carter yesterday. In this Blog, I have outlined some of the key issues that the SJC addressed during the oral argument. Was there sufficient evidence to convict Carter of involuntary manslaughter? The defense lawyer argued…
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. …
In this blog we outline our process for taking a case to trial at DelSignore Law. All cases are different but in general this is out approach that we use in every case. Early on in the process, I start preparing the cross examination and outlining the closing statement. I…