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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…
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…