Governor Charlie Baker Introduces Legislation to Address “Drugged Driving” Massachusetts was one of the first states to legalize marijuana for recreational use in 2016. However, with marijuana legalization came accidents resulting from driving while high. To address is this issue, governor Baker announced a legislative proposal that would update Massachusetts’s…
Articles Posted in OUI Drugs
Field sobriety tests: are they reliable for OUI marijuana, Massachusetts SJC to hear argument next week
On January 6, 2017 the Massachusetts Supreme Judicial Court will hear oral arguments in the case of Commonwealth v. Thomas Gerhardt. This case raises the issue of whether field sobriety tests, which are routinely used to determine whether someone is under the influence of alcohol, can additionally be used to…
Defenses to an OUI Drugs Arrest in light of recent changes to the law regarding possession of marijuana
Police officers in Massachusetts and in particular State police officers have increased the number of arrests for OUI drugs, including marijuana. Massachusetts law prohibits a person from driving under the influence of marijuana, but it is difficult for the Commonwealth to prove this in Court. Recent case law, also…
OUI Drugs conviction overturned by Appeals Court in recent case
OUI drug charges can be difficult for the Commonwealth to prove. This was evident in the recent case of Commonwealth v. Sousa, decided last week. In this case the defendant was convicted of OUI drugs and negligent operation of a motor vehicle after a bench trial in the Malden District…