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Articles Posted in OUI and Motor Vehicle

Why a Massachusetts Breathalyzer Result Does Not Establish Guilt Beyond a Reasonable Doubt
Serpa Law Office

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A breathalyzer reading of .08 or higher establishes a per se violation of M.G.L. c. 90, § 24(1)(a)(1). It does not establish guilt beyond a reasonable doubt. The statute gives the Commonwealth two theories, operation with a blood alcohol percentage…

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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…

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