A police officer who makes an arrest for OUI in Massachusetts, may testify that the person was under the influence of alcohol. The police offiicer may not testify, however, that the arrestee’s:
- impairment; or
- rendered her unable to operate a motor vehicle.
An opinion by a police officer in an OUI trial on the ultimate issue of guilt or innocence is inadmissible. See Commonwealth v. Gallagher, 16-P-192 (2017). If you or someone you know is charged with OUI, contact the OUI Lawyer who can assist you today. Contact OUI Lawyer Shane W. Surrette at (774) 364-4605 or at firstname.lastname@example.org today.
The Massachusetts Supreme Judicial Court will apply a four factor test to determine whether or not a side yard is a constitutionally protected area within the multifamily and apartment context. This applies to whether or not the police will need a search warrant or exigent circumstances before searching those particular locations. The four factors include:
- proximity of the location to the home;
- whether the area is included within an enclosure surrounding the home;
- the nature of the uses to which the area is put;
- the steps taken by the resident to protect the area from observation by people passing by.
Commonwealth v. Leslie, SJC 12176 (2017). If you or someone you know is charged with a criminal offense, contact Criminal Defense Attorney Massachusetts Shane W. Surrette today at (774) 364-4605 or at email@example.com.
If you are convicted of a felony in Massachusetts, you will have to provide a DNA sample to the Commonwealth. This DNA sample will then be entered into a DNA database where a search will take place to see if the DNA matches up against DNA recovered from unsolved crimes. At the present time in Massachusetts, you don’t have to provide DNA samples for:
- Misdemeanor convictions;
- Felony admissions that don’t result in convictions;
- Just being charged with a felony.
As a result, if you are charged with a felony in Massachusetts, contact the Worcester MA Attorneys who can help you understand what the collateral consequences of a felony conviction will be. Contact Shane W. Surrette today at (774) 364-4605 or at firstname.lastname@example.org.
To proceed on an under the influence of alcohol theory in Massachusetts, the Commonwealth must show that the defendant operated a motor vehicle, on a public way, while under the influence of intoxicating liquor. The question that often arises is, what evidence has been shown that the person has consumed enough liquor to impair his or her ability to drive safely? Sufficient evidence was found in the case of Commonwealth v. Rarick, 87 Mass. App. Ct. 349 (2015) where it was shown that:
- The defendant consumed six beers in the hours before he was stopped;
- There was a moderate odor of an alcoholic beverage emanating from the defendant when stopped;
- The defendant had red, glassy eyes; &
- There was evidence of speeding.
OUI cases are very fact intensive, and as a result it is important to retain a DUI Massachusetts Attorney who can review the facts of your case with you. Cotact DUI Massachusetts Attorney Shane W. Surrette at (774) 364-4605 or at email@example.com today.