Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Zoanne Zeininger which addressed the issue of whether the Sixth Amendment requires the Commonwealth to present the live testimony of a witness from the Office of Alcohol Testing in order to admit breathalyzer test results at a Massachusetts DUI…

When you are charged with a Second Offense DUI in Massachusetts, how does the Commonwealth prove that you had a prior conviction. The Appeals Court addressed this issue in the case of Commonwealth v. Ellis which was decided on April 25, 2011. The Ellis case involved an appeal of a…

A Rhode Island lawmaker has been charged with driving under the influence and possession of marijuana and drug paraphernalia after being stopped at a DUI checkpoint in Connecticut, Channel 12 News reported. A Massachusetts criminal defense lawyer has more ground upon which to challenge charges that result from a car…

As a Massachusetts criminal defense lawyer, the

The Massachusetts Supreme Judicial Court addressed an important legal issues that arose once the Massachusetts legislature decriminalized simple possession of under one ounce of marijuana. Does the smell of burnt marijuana justify an order that a motorist exit a motor vehicle. In the case of Commonwealth v. Cruz, decided April…

Bullcoming v. New Mexico raises a significant issue under the Sixth Amendment Confrontation Clause regarding scientific and blood test evidence in Massachusetts drunk driving cases with breathalyzer or blood test results. The State of New Mexico attempted to present evidence to prove the defendant’s blood alcohol content through a surrogate…

The United States Supreme Court’s decision in Michigan v. Bryant, decided today, diminishes the Sixth Amendment right of confrontation. The Court held that statements are nontestimonial and thus not covered by the Sixth Amendment confrontation clause when the primary purpose of the statement is to allow the police to respond…

The United States Supreme Court declined to hear an appeal from Louisiana in the case of Barbour v. Louisiana which raises the issue of whether the Constitution requires a unanimous jury verdict to support a criminal conviction. Click on this link to read the filings from the case on the…

The Massachusetts Supreme Judicial Court heard oral arguments on February 7, 2011 in the case of Commonwealth v. Zeininger, which was an appeal of a drunk driving conviction out of the Greenfield District Court. The defendants in the case filed an appeal with the Massachusetts Court of Appeals, which the…

The Massachusetts Court of Appeals, in the case of Commonwealth v. Rumery, decided February 4, 2011, issued a decision regarding the margin of error of the breathalyzer at Massachusetts DUI trials. The court ruled that a defendant is not entitled to a jury instruction that the breathalyzer has an inherent…