New Year’s Eve is a time for increased DUI patrol. Police are always looking to crack down on drunk driving, but New Year’s Eve sees a greater police presence. It is important to be careful and consider public transportation or taking a taxi when driving in Massachusetts tonight. Getting arrested…
Articles Posted in First Offense OUI
Does a Massachusetts State Trooper have to give Field Sobriety Tests when making an OUI Arrest?
Many arrested for OUI assume that a police officer must give field sobriety tests prior to an arrest. Under Massachusetts OUI Law, there is no requirement as to which field sobriety tests and officer must give or whether an officer give any tests at all. Most police officers will give…
When Can Police order Field Sobriety Tests in a Massachusetts OUI Arrest?
You were stopped for speeding after having consumed alcohol? Can a police officer order you to take field sobriety tests in Massachusetts. This Blog will explain under what circumstances field sobriety tests can be ordered and the type of legal motion a DUI Defense Lawyer can make to challenge the officer’s…
Appeals Court upholds Massachusetts OUI conviction despite improper police testimony
Building on the state high court’s recent decision in Commonwealth v. Canty, the Massachusetts Court of Appeals held a booking officer’s testimony in an OUI trial inadmissible to the extent that the officer stated his opinion about a defendant’s inability to safely operate a vehicle. This decision affirms the restrictions…
Challenging a Massachusetts OUI arrest by College Campus Police
Massachusetts OUI arrests by College Campus police may raise legal defenses that an experienced Massachusetts OUI attorney could raise in court. Campus police – or public safety officers – are limited by Massachusetts state law from many law enforcement duties of regular city and state police officers, and arrest made…
Can an officer testify that he thought you were drunk during an OUI trial, Massachusetts SJC addresses the issue in recent case
The Massachusetts Supreme Judicial Court recently issued a ruling limiting the testimony of police officers during an OUI trial. The case of Commonwealth v. Canty, decided on November 6, 2013, involved whether a police officer’s testimony violated the rule of evidence that a witness cannot render an opinion on the…
License consequences of a first offense OUI in Massachusetts: When can you get your license back?
As an OUI Lawyer in Massachusetts, I have met many individuals, parents, spouses and family members who come to my office unsure about what to do in response to a recent arrest for OUI. There are three things that anyone charged should understand about the license consequences of a First…
Florida Police officer under investigation for targeting women in DUI arrests
Are women targeted when officers make DUI arrests? The answers may be yes, at least in Florida. A Florida State Trooper, Melvin Arthur, is under investigating for targeting women in making DUI arrests, according to the Herald Tribune. Trooper Arthur is believed to have arrested an unusually high number of…
Massachusetts OUI Checkpoints to be Plentiful New Year’s Eve
As Massachusetts revelers prepare to ring in the New Year, law enforcement agencies are gearing up for the launch of an aggressive effort to arrest drunk drivers. Massachusetts OUI lawyers are also prepared. We know that these blitzkrieg law enforcement attacks are often riddled with technical errors. Police tend to…
Which police departments have booking videos?
As a Massachusetts OUI lawyer, one of the first things I look into with any new case is whether there is a booking video. There are three types of video that may be available in a Massachusetts OUI arrest: cruiser camera video; a booking tape, or police surveillance cameras. Police…