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A Nevada case brings up an important question – is it acceptable for a police officer to stop someone on the street due to a suspicion of alcohol consumption? More importantly, is it right for an officer to make these judgements based on how the person is walking? Finally, is…
Many OUI stops originate from a report of someone on the road claiming that another driver is driving erratically. In many cases, the officer will follow the motorist and make independent observations justifying the stop. In some cases the stop may be solely the result of the 911 caller. The…
Search and Seizure that occur in the home are subject to the highest scrutiny by the Court. The case of Commonwealth v. Colon addresses whether a protective sweep complies with the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. What happened in the Colon Case? Officers arrived…
New evidence from a DNA test may get a man a second chance at freedom, after already spending around ten years in prison for a rape charge. RonJon Cameron was found guilty of rape in April 2003 and was sentenced to 12-16 years in a state prison. In 2009, Cameron…
The Supreme Court is reconsidering a death row conviction from 30 years ago after the prosecution’s notes from the jury selection process were found to contain multiple indicators of racial bias. Despite the evidence showing illegal racial discrimination, the State of Georgia is disputing the case, alluding to the brutality…
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…
One of my passions as a lawyer is to become the best communicator I can be. I am interested in learning new communication methods, to become better at giving closing arguments. I offer these comments to share my knowledge on the issue. In Closing argument, I want the jury to…
As trial lawyers, we routinely cross examine police officers. Some officers have been questioned before and will gladly give us the response that we want. Its easy to quickly go through the cross examination and loss its full impact with the jury. One of the best CD I have listened…
Massachusetts OUI Defense lawyers will have the opportunity to challenge the accuracy and reliability of the breath test used in the State in a State wide hearing that will be heard in the Concord District Court. The hearing has yet to be scheduled with a status conference coming up on…
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…