Certain well-known anti-drunk driving organizations are widely accused of having neo-Prohibitionist agendas and fueling anti-alcohol hysteria. Regardless of whether such criticism is warranted, this blog post explores the concept of moral policing as it relates to operating under the influence (OUI), as well as other demonized social behaviors, such as…
Recently, in Souza v. Registry of Motor Vehicles, the highest court in Massachusetts held that as used in the Massachusetts operating under the influence (OUI/DUI/DWI) statute, the word “convicted” refers only to guilty findings and that a “continuance without a finding” (CWOF) is no longer considered a first offense for…
The Boston City Council proposed an ordinance on March 15, 2012 that would require valets to deny keys to those suspected of being drunk. In response, insurance company representatives have expressed concern that such an ordinance would raise costs and place an unreasonable amount of responsibility on valet attendants, according…
In modern society, where travel is easy, the interstate differences in drunk-driving laws may create sticky situations. Melanie’s Law, our Massachusetts OUI statute, provides for enhanced penalties as well as other “remedial” measures, such as mandatory installation of ignition interlock devices, for repeat offenders. In our increasingly interstate system, application…
The most recent article in the Boston Globe’s OUI series is entitled “Court mismatch makes OUI justice elusive: Lawyers who specialize in defending drunk drivers enjoy huge legal advantages built into state law, and have the ear of some judges prone to favor their arguments, no matter how far- fetched.”…
For almost 30 years, happy hours have been banned in Massachusetts, but the casino bill may signal their return. The Senate recently passed an amendment, called the “Restaurant Equality Amendment,” that would even the playing field between Massachusetts bars and restaurants and casinos that come to Massachusetts. The casino measures…
August 8, 2011, when the stocks plunged dramatically, marked the most severe decline since the fall of 2008. Economists discussed the possibility of yet another recession, which would hurt even worse because of the nation’s weak starting point, CNNMoney reported on August 10, 2011. Readers may be asking what relevance…
Just over a month after the high profile acquittal of Casey Anthony, Caylee Anthony’s grandparents and crowds of others memorialized what would have been the toddler’s birthday, CBS reported on August 10, 2011. The tribute to the child’s short life seems to have spurred renewed interest in “Caylee’s Law,” a…
In recent years, punishments for drunk-driving offenses have become ever more severe in Massachusetts and throughout the country. Laws that provide for tough drunk driving penalties, such as Melanie’s Law in Massachusetts, are very popular politically, perhaps because many unthinkingly take the view that severe sentences will reduce the number…
Shayna Fernandez admitted to drinking her last beer as late as 4:30 in the morning this past Saturday. Just over two hours later she was involved in an accident on Route 93 in Andover. As a result of that accident two people died and one was injured. According to reports…