This is Massachusetts DUI lawyer, Michael DelSignore Second blog on field sobriety testing as part of a five part blog series that will be published on this Blog. The One Leg Stand field sobriety test is the most difficult test given by the police because many people cannot perform this…
Massachusetts Criminal Defense Lawyer Blog
The Nine Step Walk and turn field sobriety test
Fighting a Massachusetts DUI charge at trial often involves contesting the reliability of field sobriety tests. To help readers better understand how these tests should be performed, what clues to look for and way to challenge these exercises at trial, I am going to write a series of blogs on…
United States Supreme Court agrees to hear Confrontation Clause case of Williams v. Illinois addressing questions raised in recent Bullcoming decision
The United States Supreme Court has agreed to hear another case raising the issue of the scope of the Sixth Amendment Right of Confrontation. The case of Williams v. Illinois directly raises the confrontation clause issues raised in the concurring opinion of Justice Sotomayor. The filings in the Williams case…
United States Supreme Court decision in Bullcoming v. New Mexico
The United States Supreme Court issued its decision in Bullcoming v. New Mexico today, holding that the Sixth Amendment precludes the State from introducing a lab report of a forensic blood test without calling the analyst who conducted the analysis. The State attempted to satisfy the confrontation clause by calling…
Massachusetts Supreme Judicial Court holds that RMV documents are testimonial requiring the opportunity for Confrontation under the Sixth Amendment.
The Massachusetts Supreme Judicial Court decided today that Registry of Motor Vehicle documents are testimonial, requiring the Commonwealth to present the testimony of a live witness to admit the records into evidence at the time of trial. The SJC announced its decision in the case of Commonwealth v. Parenteau. In…
Fourth Offense Massachusetts OUI conviction upheld by the Appeals Court
A Massachusetts Fourth Offense OUI conviction was upheld by the Appeals Court in the case of Commonwealth v. Russell Beaulieu, decided on March 18, 2011. The Beaulieu decision also involved the issue of refusing field sobriety tests which was the subject of an earlier blog. In the Beaulieu case, the…
Massachusetts Sex Crimes Lawyer reviews recent Indecent Assault and Battery Case addressing excited utterances and the Right of Confrontation
The Massachusetts Appeals Court in the case of Commonwealth v. Figueroa, decided on April 29, 2011, upheld a defendant’s conviction for indecent assault and battery in Chelsea, Massachusetts despite arguments that the court improperly allowed statements of the victim into evidence without providing an opportunity for cross examination. In Figueroa,…
Comments on recent case regarding admissibility of breathalyzer test results
The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Zoanne Zeininger which addressed the issue of whether the Sixth Amendment requires the Commonwealth to present the live testimony of a witness from the Office of Alcohol Testing in order to admit breathalyzer test results at a Massachusetts DUI…
Proving Prior Convictions in Second Offense Massachusetts DUI arrest
When you are charged with a Second Offense DUI in Massachusetts, how does the Commonwealth prove that you had a prior conviction. The Appeals Court addressed this issue in the case of Commonwealth v. Ellis which was decided on April 25, 2011. The Ellis case involved an appeal of a…
Rhode Island Legislator Charged with Drunk Driving, Possession of Marijuana, at Sobriety Checkpoint
A Rhode Island lawmaker has been charged with driving under the influence and possession of marijuana and drug paraphernalia after being stopped at a DUI checkpoint in Connecticut, Channel 12 News reported. A Massachusetts criminal defense lawyer has more ground upon which to challenge charges that result from a car…