Articles Posted in OUI and Motor Vehicle

The Section 24D Disposition in a Massachusetts First Offense OUI
Attorney Joe Serpa

A Section 24D disposition is the Massachusetts first-offense OUI framework that combines probation, an alcohol education or treatment program, and a license suspension shorter than the ordinary first-offense suspension. Section 24D is itself the probationary or sentencing disposition. A Section 24D disposition may take the form of a continuance without a finding after an admission…

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OUI by Summons: The Clerk-Magistrate Hearing in a Massachusetts OUI Case
Attorney Joe Serpa

Some Massachusetts drivers face an OUI charge without being arrested. A driver who is identified after a collision, interviewed at a hospital, or found beside a parked vehicle and sent home often receives the charge days later as a citation in the mail. A driver charged by citation, rather than arrested, is ordinarily entitled to…

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An Out-of-State OUI Dismissed Before Arraignment, With No Record and No License Consequences
Attorney Joe Serpa

A business owner from New Jersey came to this office with two problems at the same time, an outstanding Massachusetts warrant and a pending charge of operating under the influence. He lived and worked out of state. He risked arrest on any return to Massachusetts while the warrant remained open. The office moved to remove…

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Massachusetts Marijuana OUI and the 2026 Social Consumption Rules
Attorney Joe Serpa

Massachusetts has adopted regulations for social consumption of marijuana, but the regulations did not by themselves authorize any establishment to begin operating. As of August 16, 2026, the Cannabis Control Commission states that applications for Social Consumption Establishment licenses are not yet available. The Commission reported on June 23 that it was still developing application…

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The Modern Massachusetts Traffic Stop: Phones, GPS, License Plate Readers, and the Fruit of the Poisonous Tree
Attorney Joe Serpa

A Massachusetts traffic stop now generates evidence in places the traditional stop never touched. It often begins with a license plate reader hit or a database query before the blue lights, and it continues after the tow truck leaves, into the driver’s phone, the vehicle’s own computers, and months of location history. Massachusetts courts have…

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Greater Boston Criminal Law Alerts

Matthew Farwell Convicted in the Death of Sandra Birchmore: The Evidence, the Elements and the Verdict

By Attorney Joe Serpa | Georgetown University Law Center On Tuesday, November 10, 2026, a federal jury in Boston found former Stoughton police officer Matthew Farwell guilty on both counts of the superseding indictment that charged him in the death of Sandra Birchmore, according to WBUR. Count One charged him with killing a witness or…

Judge Denies Lindsay Clancy’s Double Jeopardy Motion: The November 9, 2026 Rulings

By Attorney Joe Serpa | Georgetown University Law Center On Monday, November 9, 2026, Judge William Sullivan denied Lindsay Clancy’s motion to dismiss the murder charges on double jeopardy grounds. He also denied her request for records about the holdout juror and her request to question that juror under oath. He denied the Commonwealth’s request…

Lindsay Clancy Hearing on November 2, 2026 and the Double Jeopardy Motion

On November 2, 2026, Judge William Sullivan heard the Lindsay Clancy double jeopardy motion and indicated that a second trial could begin in March 2027.