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The admissibility of breathalyzer evidence in Massachusetts may be impacted by a confrontation clause case from Virginia that the United States Supreme Court agreed to hear for the upcoming term. Commonwealth v. Briscoe. The appeal in Briscoe concerns several cases that were consolidated and all raise the same issue of…
A Massachusetts OUI roadblock conducted in Quincy was upheld as Constitutional by the Massachusetts Supreme Judicial Court in the case of Commonwealth v. Murphy. The DUI lawyer in Murphy argued that the roadblock was unconstitutional under Article 14 of the Massachusetts Declaration of Rights because it gave the officer unchecked…
Massachusetts has two methods for a prosecutor to prove a DUI case in court. First, the prosecutor can proceed under the per se prong of the Massachusetts DUI statute, Chapter 90 Section 24 and submit evidence that the breathalyzer result was over the legal limit of .08. This is known…