Under Massachusetts general law c. 209A, victims of family or household abuse can seek help from the State to prevent further abuse by orders prohibiting a defendant from abusing or contacting the victim, or requiring a defendant to stay away from the victim’s residence or workplace. Any party may seek…
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OUI Stop for Tinted License Plate Cover Ruled unlawful by the Massachusetts Appeals Court
What happens when you are pulled over for a traffic infraction and then charged with OUI in Massachusetts. How does this impact the defense of your case? This can occur when an officer patrolling the road pulls you over for driving above the speed limit or for a burned taillight,…
Appeals Court grants more discretion to judges to infer notice of license suspensions in OUI cases
There are usually opportunities for first-time offenders in OUI cases to accept a lighter criminal punishment in exchange for some admission in court. But many people do not realize that there are always conditions and consequences of these court admissions – although they are not guilty pleas. As in the…
Vermont Supreme Court upholds heightened DUI penalties for refusing a breathalyzer test for repeat offenders
In Massachusetts, as in many other states, a driver’s prior DUI conviction could increase the severity of any subsequent DUI offenses charged by the district attorney. Many states have laws that enhance penalties for repeated DUI offenders, and even make it a crime to refuse to take a breath test…
Reckless endangerment statute used in Connecticut to impose criminal liability for preventing DUI fatality involving teens
Two tragic DUI related accidents have resulted in charges in Connecticut for reckless endangerment as a result of failing to prevent the minor from driving drunk, causing the fatalities. As a Massachusetts DUI Lawyer, these cases raise issue of national significance and could set precedent for prosecuting failing to prevent…
Communication tips for Massachusetts OUI lawyers from John Maxwell
As a Massachusetts OUI lawyer, when someone hires me to defend their OUI charge, my primary task is to find a way to communicate to the jury that they were not under the influence of alcohol, to find a theory that challenges the officer’s observations so that the jury returns…
Tips for Law Students Preparing for Exams
Law School can be stressful; one exam for the entire grade. Here are some tips on how to best prepare for exam day. After having completed three years of law school at the University of Connecticut, I felt I got better understanding as I went along but it would have…
Massachusetts Supreme Judicial Court applies “primary purpose” test in recent Domestic Assault and Battery Confrontation Clause decision
The Massachusetts Supreme Judicial Court applied the “primary purpose test” articulated by the United States Supreme Court in Michigan v. Bryant, 562 U.S. ___ (February 28, 2011) in its recent decision of Commonwealth v. Beatrice. The Beatrice case demonstrates the dangerous erosion of the Sixth Amendment right of confrontation in…
The Nine Step Walk and turn field sobriety test
Fighting a Massachusetts DUI charge at trial often involves contesting the reliability of field sobriety tests. To help readers better understand how these tests should be performed, what clues to look for and way to challenge these exercises at trial, I am going to write a series of blogs on…
United States Supreme Court agrees to hear Confrontation Clause case of Williams v. Illinois addressing questions raised in recent Bullcoming decision
The United States Supreme Court has agreed to hear another case raising the issue of the scope of the Sixth Amendment Right of Confrontation. The case of Williams v. Illinois directly raises the confrontation clause issues raised in the concurring opinion of Justice Sotomayor. The filings in the Williams case…