For the past two years, there has been extensive litigation about the reliability of the breath test. Judge Brennan consolidated all issues pertaining to the accuracy of the breath test in one hearing. Judge Brennan rejected all challenges to the scientific reliability of the machine, but found that the Office…
Massachusetts Criminal Defense Lawyer Blog
Life sentence upheld for man involved in police chase that led to a fatal accident
The Massachusetts Appeals Court ruled last Thursday to uphold the conviction of the Brockton man who killed a woman in a fatal car crash and injured nearly 8 others. In its decision, the court stated that the defendant should have known he was creating a strong likelihood of death of…
Michelle Carter Guilty of Manslaughter on Words Alone
Judge Lawrence Moniz has found Michelle Carter Guilty of Involuntary Manslaughter after bench trial in Taunton Juvenile Court. Judge Moniz held that Ms. Carter’s actions and failure to act caused the death of Conrad Roy III. Judge Moniz’s decision seemed to hinge on the text Carter had sent to her friend Sam…
Awaiting Verdict in Michelle Cater Manslaughter Trial: Psychiatrist Testifies critical for the defense
As the Michelle Carter trial continues this week, her defense team presented expert witnesses; Dr. Peter Breggin took the stand testifying in regards to his knowledge on the effects felt by juveniles whom are prescribed antidepressants. This comes after the defense had their motion to dismiss the case, for lack…
Involuntary Manslaughter trial of Michelle Carter Motion to Dismiss Denied by Judge
After prosecutors rested their arguments in the Michelle Carter case, Judge Lawrence Moniz denied the defenses motion to declare her not guilty based on the evidence or lack therof. Carter, a young woman from Plainville Massachusetts is currently on trial for convincing her high school boyfriend to commit suicide in 2014; prosecutors arguing…
Defenses in Tiger Woods’ DUI Prescription drugs arrest
Tiger Woods was charged with DUI drugs in Florida. According to the CNN news report, there was evidence of fresh damage to his car, he was found asleep at the wheel and failed field sobriety tests. Woods did submit to a breath test and registered a 0.00, revealing no alcohol…
Has Uber Really Lowered DUI Rates Across the Country?
Recent studies have started to surface in regards to the number of OUI’s now that Uber has become a popular ride-sharing service. Uber operates in many cities across the country and has become increasingly more popular over the last couple of years. Young people and adults alike look to Uber…
SJC addresses whether Third Offense OUI can result in detention without bail under the Dangerousness statute of Chapter 58A
The Massachusetts Supreme Court will soon decide the case of Commonwealth v. Dayton, which raises the issue of whether an individual charged with an OUI third offense can be held as a danger to the community. The dangerousness statute of Massachusetts General Laws Chapter 58a, provides that a defendant can…
Valor Act permits Massachusetts OUI Offense to be dismissed over the Commonwealth objection based on military service
The Massachusetts SJC decided an important case for Massachusetts OUI Lawyers today. The SJC held in Commonwealth v. Morgan that the Valor Act permits a judge to dismiss a first or second offense OUI over the Commonwealth’s objection. The SJC held that the wording of the statute did not exclude…
Aaron Hernandez found not guilty in Boston Murder Trial
Aaron Hernandez was found not guilty of a double murder from 2012 in Boston. The key piece of evidence leading to the not guilty verdict was that Alexander Bradley the only one directly linking Hernandez to the murder could not be trusted. There was evidence that he was lying, manipulative,…