Articles Posted in OUI and Motor Vehicle

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

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A Massachusetts traffic stop used to be a roadside event. An officer saw a violation, pulled the car over, and whatever happened next happened in person, on the shoulder, in a few minutes. That stop no longer exists. The modern…

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Can I Move Out of State While on Massachusetts Probation? Students, New Residents, and the Interstate Compact
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A student from Connecticut resolves a Massachusetts case with a CWOF and a year of probation, and the semester ends. A software engineer on probation in Quincy accepts a job in Austin. A New Hampshire resident arrested on Route 93…

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When Another State Won’t Renew Your License: The Massachusetts Default Warrant Problem
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A common call to this office begins the same way. Someone who has not lived in Massachusetts for years goes to renew a driver’s license in their current state, and the clerk tells them the renewal cannot be processed because…

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Negligent Operation Clerk-Magistrate Hearings in Massachusetts: The Law, the Four-Day Deadline, and How to Win
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Motorists receive criminal citations for negligent operation of a motor vehicle under M.G.L. c. 90, § 24(2)(a) either after being stopped by police or in the mail. Many people treat the citation like a traffic ticket. It is anything but.…

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Unlicensed Operation Clerk-Magistrate Hearings in Massachusetts: Students, New Residents, and Skilled Workers
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Unlicensed operation under M.G.L. c. 90, § 10 is one of the most frequently charged motor vehicle crimes among students arriving in Boston and Cambridge, professionals relocating from other states, and skilled workers who have not yet converted a foreign…

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Massachusetts Driver’s License Requirements for New Residents, Students, and Professionals: The 30-Day Rule and How to Avoid a Criminal Charge
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense One of the most common causes of unlicensed operation charges in the Massachusetts District Courts is not deliberate disregard of the law. It is a genuine misunderstanding of how quickly a new resident, student, or professional must obtain a Massachusetts…

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Fighting an OUI in Massachusetts: How Cases Are Won at Trial
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense I maintain a perfect record of not guilty verdicts in OUI jury trials in the Massachusetts District Courts and Boston Municipal Court. I built that record over thirty years in courtrooms across Eastern Massachusetts. In this post I explain how…

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Greater Boston Criminal Law Alerts

A Practitioner’s Guide to Correcting a Massachusetts Criminal Sentence: Rule 29, Rule 30(a), and the Limits of Finality

A Massachusetts criminal sentence is not as final as it looks on the day it is imposed, and not as open to revision as clients hope. Three instruments govern what can change afterward: Mass. R. Crim. P. 29, which permits revision or revocation of a disposition within a sixty-day limit; Mass. R. Crim. P. 30(a),…

A Practitioner’s Guide to Sentencing in the Massachusetts District Court and Boston Municipal Court

Most criminal cases in Massachusetts are resolved in the District Court and the Boston Municipal Court, and most of them end at a disposition rather than a verdict. The hearing is often short, the session is busy, and choices with years of consequences are made in minutes. This guide is written for defense lawyers. It…

The Hardship License After a Massachusetts OUI

A Massachusetts OUI suspension rarely has to mean the loss of a job. The statutes allow a hardship license, limited to an identical 12 hour period each day, for most drivers who resolve their cases, and the timing depends entirely on how the suspension arose. This page sets out the rules the statutes fix and…