In Commonwealth v. Pierre, the Appeals Court refused to undo a 2015 OUI admission over the breathalyzer scandal because the other evidence was overwhelming.
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In Commonwealth v. Pierre, the Appeals Court refused to undo a 2015 OUI admission over the breathalyzer scandal because the other evidence was overwhelming.
Continue reading ›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…
Continue reading ›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…
Continue reading ›Massachusetts defines operating a motor vehicle broadly. Commonwealth v. Wurtzberger (2025) holds that turning the key to power the radio, with the engine off, can prove operation for an OUI. Here is how the operation element works and how the defense meets it.
Continue reading ›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…
Continue reading ›How Hallinan affects past OUI dispositions, current prosecutions, and future retrials involving Alcotest 9510 results, with a Rule 30 review checklist.
Continue reading ›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…
Continue reading ›A Massachusetts OUI trial guide to field sobriety evidence, including police authority, NHTSA procedures, scoring, refusal evidence, video, and opinion limits.
Continue reading ›A history of the 2002 OUI amendments, the District Court sentence, the Supreme Judicial Court’s decision in Cahill, and later changes to refusal law.
Continue reading ›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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