Governor Charlie Baker filed a bill this past Wednesday adopting a state panel’s recommendations to deal with police stops of drivers suspected of being impaired due to cannabis use. Even though I’m a very serious safety advocate, as a Massachusetts OUI/DWI attorney, I have one major objection to this bill,…
Articles Posted in OUI Offenses
UPDATE – Part Two of Two: Massachusetts Judge Extends Exclusion of Alcotest 9510 Breathalyzer Evidence, Until Commonwealth Cleans Up Its Testing Protocols
In my immediately preceding post on this subject, I discussed the background of how it was discovered that a high number number of breathalyzer test results in Massachusetts OUI/DUI cases across the state, were tainted by failures by the Massachusetts Office of Alcohol Testing (OAT) to either make sure that…
UPDATE: District Court Judge Extends Exclusion of Alcotest 9510 Breathalyzer Evidence in Massachusetts OUI/DUI Casses
As I’ve reported on previously in this blog, the office within the Massachusetts Department of Public Safety & Security that is responsible for the maintenance and annual certification of Breathalyzer machines used by police departments in Massachusetts – the Office of Alcohol Testing (OAT) – has for over two years…
It’s New Year’s Eve: Be Smart
Here we are: The end of another year. Or, as John Lennon once wrote, “Another year over, a new one just begun” (at least, a few hours from now.) I thought of what to say to my readers as a Boston criminal defense lawyer on this final day of the…
Massachusetts Breathalyzer Scandal: District Attorneys’ Agreement May Open Doors to Case Challenges
My post today requires an important caveat at the start. It concerns Massachusetts drunk driving charges – and I want to be very judicious and careful in writing this material. I don’t want my readers to take away the wrong message from it. So I will reiterate what I have…
Massachusetts Alcohol Breath Tests Temporarily Suspended In OUI Cases
As I’ve said many times, people often ask me how I can defend certain types of clients accused of crimes such as, for example, drunk driving or sex offenses. And I give them the same answer, every time: “Because my client might be innocent.” Just yesterday, (August 23 2017,) the…
Massachusetts DUI/OUI: Don’t Make It A Stupor Bowl Event
Amid all the Super Bowl hype, try to remember something: Aside from New Year’s Eve, St. Patrick’s Day and Cinco de Mayo, Super Bowl Sunday is one the drunkest days of the year. Worse still, the number of inebriated people who get behind the wheel after drinking at a Super…
Boston Globe Publishes Top 50 Massachusetts Bars Who Supposedly Have “Last Served” Served Convicted Drunk Drivers
The Boston Globe recently asked itself an interesting question: Is there an identifiable collection, or concentration, of bars or restaurants in Massachusetts that have a statistically verifiable reputation of being the last place that convicted drunk drivers were served alcohol prior to being arrested for drunk driving Or, rephrased, “Can…
Should Massachusetts Require Ignition Interlock Devices for First Offense Convictions? Part Two of Two
In my previous post on this subject, I discussed how the Massachusetts Legislature is debating on whether to change the current OUI/DUI law in Massachusetts – known As “Melanie’s Law” for the young girl who was killed by a repeat drunk driver. The change now being vigorously argued over would…
Should Massachusetts Require Ignition Interlock Devices for OUI First Offenses?
A battle over how to reduce drunk driving even further has been brewing for some time now at the Massachusetts State House. Leading this effort is the Massachusetts chapter of Mothers Against Drunk Driving (MADD.) MADD is a laudable organization, with an admirable goal: The elimination of drunk and drugged…