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I read self improvement and motivational books all of the time. I think it is easy to say that these books are all essentially the same. However, many times the author will remind you in a new way of helpful things to improve your life or work or have you…
Lowering the legal limit should be rejecting as punishing social drinking; it would not have any impact on reducing serious DUI accidents as these are not being caused by individuals with breath test results under .08. Fox40 points out that this proposition is not new. The National Transportation Safety…
The results of a sobriety test, such as the Breathalyzer or blood test, frequently play a crucial role in the outcome of a drunk driving case. When assessing how reliable the sobriety test results may have been, it is important to consider the medical background of the client and any…
Facebook is frequently mentioned in Court cases involving violations of a 209A order in Massachusetts. Recently, I was in Marlborough District Court waiting for an OUI trial to be heard; in front of me were two trials regarding 209A violations allegedly involving Facebook posts. A case in New York illustrates…
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…
For the last three days, I have been attending a great conference called the Lawyer Forward hosted by Michael Whelan in Austin, Texas. The seminar focused on improving legal services, raising fees and creating a better life for your law practice if you are a solo attorney. Mike hosts a…
In Books on Trial practice, it is typically recommended to label things during the trial- to use names that fit your theory of the case. Refocus how the Jury Looks At the Key Evidence in the case In a recent trial I had, my client made many statements to the…
The content of a 911 call can be pivotal in the prosecution of a drunk driving case. This was evident last week in the second offense DUI case of Commonwealth v. John C. Depiero. The defendant in this case appealed his conviction, arguing that the appellate review erred in denying…
The model jury instructions govern how judges will instruct a jury when a motorist is charged with OUI. It is remarkable that absent from the model instruction is anything saying that is not illegal to consume alcohol and drive in the Commonwealth. When I have asked for that instruction to be…
The legal profession is known to have a high rate of alcoholism, depression and suicide. While I consider myself luck to have found happiness in my career path, many have had a difficult time with the practice of law as indicated by news reports stating lawyers tend to be unhappy…