Many people don’t realize that breathalyzer test readings are not necessarily accurate. A breathalyzer is a machine. Machines have flaws. But before those flaws can be shared with a judge or a jury the OUI defense lawyer you hire needs to know how these machines work. If he or she…
Today, in the case of Commonwealth v. Gibson, 11-P-1107, the Massachusetts Appeals Court reversed an OUI conviction. The Court in Gibson reported the following facts: In February of 2010, the defendant went to a couple of Super Bowl parties to watch the New Orleans play the Colts. In total Gibson…
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…
On June 23, 2011, the United States Supreme Court decided Bullcoming v. New Mexico, a case which shores up our constitutional safeguards and which will have important implications in Massachusetts OUI/DUI/DWI/drunk driving cases. The facts, which were summarized in a previous blog post, were as follows: In 2005, Donald Bullcoming…
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…
It’s no secret that police often write OUI police reports generically, using a laundry list of common OUI symptoms relating to physical appearance, driving, and field sobriety testing. Sometimes these reports are essentially templates in which a select few facts are unique to the defendant. The fictional on-size-fits-all OUI suspect…
In Massachusetts drunk driving cases, it can be useful to have a blood sample that can be compared to breathalyzer results. Recognizing this, Massachusetts General Laws Chapter 263 Section 5A gives those suspected of drunk driving the right to an independent physical examination, and the police officer in charge of…
Bullcoming v. New Mexico, argued before the United States Supreme Court on Wednesday March 2, 2011, presents a question that may have important implications in Massachusetts OUI/DUI/drunk driving cases: Does a blood-alcohol test admitted without the analyst’s actual in-court testimony violate a defendant’s Sixth Amendment Confrontation Clause rights? Before delving…
As a Massachusetts intoxicated driving criminal defense attorney, I am against invasive police searches of people who are merely suspected of crimes. That’s why I was disturbed by a Dec. 13 CNN article saying the federal government would like states to make blood tests mandatory for suspected DUI drivers who…
Many of the cases of intoxicated driving that I’ve written about include good examples of what not to do and what not to say if you’re pulled over for drunk driving. For example, telling the officer you’ve been drinking and popping pills all day is not the best idea. As…