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Tag Archives: OUI

A Marijuana Breath Testing Device?

Breath testing devices are commonly used by police officers in their pursuit to enforce Driving Under the Influence (DUI/DWI/OUI, etc.) laws across the nation. These devices not only detect the presence of ethanol, but also attempt to quantify the amount of alcohol in one’s blood. Every state has adopted a per se limit of .08 percent of alcohol in the person’s blood. This means that if a person has a blood alcohol level (breath tests are also commonly used to ... Read More »

TEXTING VS. DRINKING WHILE DRIVING: LOL OR SOL?

  On November 8, 2014, University of Oregon linebacker Joe Walker returned a fumble one hundred (100) yards against the University of Utah for a touchdown.[1] Both football fans and the National Highway Traffic Safety Administration (NHTSA) agree—this is a long distance. A NHTSA report states that “sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent—when traveling at 55 mph—of driving the length of an entire football field while ... Read More »

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 »

Sealing or Expunging your Massachusetts Record

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

PA ARD Expungements

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

Reckless and Careless Driving and DUI

If you’ve been charged with driving under the influence, it is likely that you have also been charged with one or more summary offense.  A summary offense is a minor crime, for example careless driving or reckless driving, and often times, is the reason the officer pulled you over. In Pennsylvania, after being charged with a DUI, or any crime for that matter, the first court appearance is normally at the District Court closest to where the incident occurred. Every ... Read More »

UPDATE: The Dookhan Disaster

Annie Dookhan, the former Massachusetts lab chemist we blogged about over a year ago, is back in court today on the 27 charges brought from tampering with drug samples which may have negatively affected 40,323 cases.  This number comes from a review of her cases, a request made by Governor Deval Patrick, from 2003-2012 which covers her time with the Department of Public Health; however, it would appear there is a separate investigation dating back to 1990 to see whether ... Read More »

DON’T RIDE OUI WITH MOLLY

Miley Cyrus is dancing with her, Kanye West sings about her. So who is Molly? Molly is a fairly common street drug that causes hallucinations and euphoria but also promises a terrifying and horrific crash. In addition to the drug’s advertised purity and potency, celebrity endorsements are boosting its popularity. What’s not as widely advertised is the fact it’s dangerous, addictive and even deadly. Molly is short for chemical molecule, referring to a purer form of 4-methylenedioxymethamphetamine (MDMA). The same ... 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 »

MAINE PROM & GRADUATION SEASON 2013

It is that time of year again.  It has taken forever, but it is spring!  Hopefully summer will be here before the Fourth of July.  And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies.  If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »