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Tag Archives: Massachusetts

Massachusetts Implied Consent

Do you hold a Massachusetts license? If so, know that you have already consented to taking a breath or a blood test if you are ever arrested for operating under the influence (OUI). Meaning, it is implied that if you have a MA driver’s license, you consent to a chemical test. Even if you do not hold a MA driver’s license, but are arrested for OUI in MA, you are also subject to MA’s implied consent law. You have every ... Read More »

Massachusetts Lifetime Look-Back and CWOF

Massachusetts has a lifetime look-back when it comes to operating under the influence (OUI) cases which means that any offense you commit can come back to haunt you.  The state even looks at out-of-state convictions and will count those as priors.  It doesn’t matter if the offense happened 30 years ago! On first offenses, many lawyers who don’t do a lot of OUI cases may try and sell a disposition called a “continued without a finding” or “CWOF” for short. ... Read More »

Drunk? Just Ask Your Ice Cube

Created by a student at MIT, glowing ice cubes are now able to calculate how much you are drinking and respond by changing color: green after sip one, yellow after sip two, eventually changing to red signaling you should slow your alcohol intake.  The circuit in the ice cube keeps track of time and the number of sips you take.  This allows the ice cube to, according to reports, reliably guess your level of intoxication.  Should you drink too much, ... Read More »

Unnecessary Unrelated Recommendations in MA

In a recent press conference, Massachusetts State Police stated their drunk driving arrests increased over 30% from 2011 to 2012 – 3,728 to 4,866 respectively.  Overall conviction rates, however, are 42% with jury trials and 14% with bench trials according to a recent 148-page report by Jack Cinquegrana, special counsel commissioned by the Massachusetts Supreme Judicial Court to investigate operating under the influence (OUI) acquittal rates. As opposed to assuming that those charged, but not convicted of OUI were in ... Read More »

The Dookhan Disaster

Annie Dookhan, a former Massachusetts chemist is making national headlines for allegedly “dry-labbing” as many as 60,000 drug samples used in 34,000 criminal cases over the past eight to nine years. The count of current inmates affected is now over 1,100. “Dry-labbing” is a term used in the laboratory community for when a person claims to follow proper protocols for research and testing, but in reality, pulled the results out of thin air without doing any research or testing.  For ... Read More »

Massachusetts & Bad Breath: A Conundrum

A question often asked of jurors during jury selection is any variation of the following: “do any of you feel it is against the law to have something to drink and then get behind the wheel?  Slogans broadcast across many states, including Massachusetts, would lead you to believe it is in fact illegal to have a drink and drive: Buzzed Driving is Drunk Driving You Booze, You Cruise, You Lose Bad Breath is a Crime in Massachusetts However, defense attorneys ... Read More »

Trooper of the Year?

In 2007, Lisa Steed was named Utah Highway Patrol’s “Trooper of the Year” for making over 200 DUI arrests. Now, her credibility is on the line for admittedly violating procedure in a 2010 DUI arrest. During that arrest, Steed admitted that she deliberately left her microphone in her car to prevent her supervisor from knowing that she severely deviated from standard protocol by used a portable breath test (PBT) before conducting field sobriety testing. Steed’s attorney claims that her admission does not affect her ... Read More »

Massachusetts First Offender Bill

Massachusetts’s lawmakers are currently considering and will likely pass a bill that would require first offenders to install an ignition interlock device (IID) in their vehicles. The law currently requires the device after a second or subsequent conviction. By taking this action, Massachusetts would join a minority of states that mandate an IID for anyone convicted of OUI.  This device would cause the cost of admitting to a first offense to rise by nearly $700.00 and would by its passing make fighting the case ... Read More »