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…
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…
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…
On May 24, 2011, the Court of Appeals decided Commonwealth v. Virgilio, holding that a paved driveway between two houses that neither contained nor led to businesses or public accommodations was, as a matter of law, not a way or place to which the public had access as invitees or…
On May 10, 2011, United States Senator Charles E. Schumer, a New York Democrat, pressed Google, Inc. and Apple, Inc. to remove smartphone applications that warn users of DUI checkpoints. Using GPS capabilities, these applications also alert users to red light cameras and speed traps. Schumer questioned the companies’ executives…