OUI Lawyer

            If you are arrested for operating under the influence of alcohol, you will be offered
a breathalyzer test back at the police station.  In order for the breathalyzer test to be admissible in evidence, the police must meet certain minimum requirements, and any variance beyond these minimum requirements will typically go to the weight of the breathalyzer test
evidence and not its admissibility.

For instance, for a breath test to be admitted at trial in Massachusetts, the
police must show that the breath test operator was certified to administer
breathalyzer tests in the Commonwealth, and that the testing device was certified
at the time of the test.  Similarly, the arrested person’s consent to the test shall be documented by the police.

Additionally, the device has to be shown to be working properly at the time of the test and the test must be valid. For the test to be valid, the results must be within
.02 of one another.  For example, a testshowing results of .09 and .11 would be acceptable as they are within .02 of one another, yet results of .09 and .12 would be invalid.

          As a result, if you or someone you care about is charged with operating under the
influence of intoxicating liquor, and you decide to take the breathalyzer test,
contact an OUI Lawyer who has experience challenging breath test evidence.  Don’t hesitate, make the call today.

Criminal Defense Attorney Massachusetts

If you are charged with a home invasion in Massachusetts, the potential penalty is severe.  The statute carries with it a sentence of not less than 20 years imprisonment and up to life.  The court may impose probation on a home invasion charge, but if there is a violation and a sentence of imprisonment is imposed, it will be for at least 20 years.

To prove a home invasion in Mass., the Commonwealth must show that there was entry upon the dwelling house of another; at a time that the defendant knew or had reason to know that someone was present in the dwelling; while armed with a dangerous weapon upon entry; and finally that force was used upon any person within the dwelling, or any person within was threatened with the use of force, or injury was caused to any person within the dwelling.

It is important to note that the dangerous weapon element doesn’t require that the weapon be a firearm or a knife, it can be any item if intentionally used in a manner that death or serious bodily injury might result from its manner of use.

As a result, contact a criminal defense attorney Massachusetts today.  Your freedom may depend upon it.

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