Massachusetts Criminal Defense Lawyer Blog

The Massachusetts Legislature is considering requiring first time offenders to have the ignition interlock imposed if convicted of a first time OUI offense.  All states, except Massachusetts, have laws that may require first-time drunk driving offenders to install “ignition interlock devices” in their vehicles. This device is like a mini-breathalyzer…

The Commonwealth of Massachusetts requires a license to carry, or LTC, to purchase, possess, and carry a handgun, shotgun, or rifle.  But what does possession actually mean? Of course, if you have the gun on your person, such as in your pocket or purse, then you are in possession of…

In Massachusetts, those charged with OUI since August of 2017 have not had breath test evidence used in Court.  This was based on some egregious violations of discovery orders in the 9510 breath test litigation that began in 2015. To remedy the problem with the Office of Alcohol Testing not…

The U.S. Supreme Court will decide whether to hear the case of Zamudio v. United States which raises the issue of whether a search warrant can legally be issued for a suspected drug trafficker’s residence without evidence that the residence is being used for criminal activity. Attorneys for Juan Zamudio…

The recent deadly motorcycle crash in New Hampshire has brought light to the issue of whether the defendants CDL license should have been active at the time of the incident. In 2013 the defendant, Volodymyr Zhukovskyy, received an immediate threat license suspension after being arrested and charged with OUI. He…

The Commonwealth of Massachusetts Appeals Court is currently considering the case of  Commonwealth v. Brian Dennis  raise the issue of how the Commonwealth proves consent to a blood test.  Dennis is being represented by a very talented DUI lawyer Joesph Bernard out of Springfield who I have known for many…

As a non-resident of Massachusetts who may be traveling within the State, are you allowed to carry a gun and what do you need to know if stopped by the police while carrying a gun? Do not assume that a license from another state allow you to carry a firearm…

The Massachusetts Supreme Judicial Court ruled in the case of Commonwealth v. Hardy that failure to strap a child in properly to a car seat appropriate to the child’s age did not constitute involuntary manslaughter or reckless endangerment of a child, reversing the defendant’s conviction on those counts.  One of the…

Massachusetts Appeals Court address what level of evidence is needed to convict for negligent operation.  In Commonwealth v. Zagwyn, the Appeals Court clarified the law related to evidence of negligent operation of a motor vehicle and OUI in Massachusetts. The central issue addressed by Zagwgnwas whether the Commonwealth meets its…

The SJC recently heard oral arguments in the case of Commonwealth v. Zagwyn, and is considering the two main issues of improper opinion testimony by the officer as well as a conviction on a negligent operation charge. For the guilty finding on the negligent operation, counsel highlighted that the defendant…