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Facebook is frequently mentioned in Court cases involving violations of a 209A order in Massachusetts. Recently, I was in Marlborough District Court waiting for an OUI trial to be heard; in front of me were two trials regarding 209A violations allegedly involving Facebook posts. A case in New York illustrates…
Field sobriety tests are commonly used in OUI alcohol cases. The Massachusetts Supreme Court will address, in the case of Commonwealth v. Gerhardt, whether these tests are accurate and reliable for when someone is arrested for OUI marijuana in Massachusetts. The police have been using field sobriety tests to help…
For the last three days, I have been attending a great conference called the Lawyer Forward hosted by Michael Whelan in Austin, Texas. The seminar focused on improving legal services, raising fees and creating a better life for your law practice if you are a solo attorney. Mike hosts a…
In Books on Trial practice, it is typically recommended to label things during the trial- to use names that fit your theory of the case. Refocus how the Jury Looks At the Key Evidence in the case In a recent trial I had, my client made many statements to the…
The content of a 911 call can be pivotal in the prosecution of a drunk driving case. This was evident last week in the second offense DUI case of Commonwealth v. John C. Depiero. The defendant in this case appealed his conviction, arguing that the appellate review erred in denying…
The model jury instructions govern how judges will instruct a jury when a motorist is charged with OUI. It is remarkable that absent from the model instruction is anything saying that is not illegal to consume alcohol and drive in the Commonwealth. When I have asked for that instruction to be…
The legal profession is known to have a high rate of alcoholism, depression and suicide. While I consider myself luck to have found happiness in my career path, many have had a difficult time with the practice of law as indicated by news reports stating lawyers tend to be unhappy…
In 2008, the New Jersey Supreme Court decided, New Jersey v. Chun, which was the first case where the Court addressed whether the source code of the Alcotest 7110 was scientifically reliable. This is the leading case on the issue of the source code. Massachusetts OUI Lawyers are currently conducting…
The Massachusetts Supreme Judicial Court will decide whether evidence of an unsuccessful attempt to take a breath test was properly admitted into evidence, given the language barrier between the defendant andarresting officer. A non-English speaking woman is arrested for DUI and fails to pass the Breathalyzer – but is the language barrier…
The United States currently has thirteen states which have criminalized drunk driving test refusal, allowing police officers to arrest and charge individuals for refusing the Breathalyzer or blood test. Unlike these thirteen states, it is not a crime to refuse such tests in Massachusetts. Although there will be a license…