Can I Be Charged with an OUI in Massachusetts for Driving While Under the Influence of Marijuana?

Can I Be Charged with an OUI in Massachusetts for Driving While Under the Influence of Marijuana?

The state of Massachusetts was one of the first to legalize possession and use of recreational marijuana. In fact, people can have up to 10 ounces in their possession without any penalty. However, it remains illegal to operate a vehicle under the influence of Marijuana. In Massachusetts, operating while impaired, which is called an OUI,…

Massachusetts’ Highest Court Heard Arguments in an Influential Breathalyzer Case Which Could Affect OUI Charges Across the State

Massachusetts’ Highest Court Heard Arguments in an Influential Breathalyzer Case Which Could Affect OUI Charges Across the State

The Supreme Judicial Court of Massachusetts heard arguments on December 8th of 2022 in Commonwealth v. Lindsay A. Hallinan. Hallinan, facing OUI charges back in 2013, “admitted to sufficient facts” in a Salem District Court. In doing so Hallinan agreed that the prosecution had sufficient evidence to prove Hallinan’s guilt. In essence, admitting to sufficient…

Update on Glover: Massachusetts Upholds Reasonable Suspicion in Traffic Stop

Update on Glover: Massachusetts Upholds Reasonable Suspicion in Traffic Stop

On June 8, 2020 the Massachusetts Appeals Court issued a decision that upholds the SJC’sprevious ruling that, absent information that the driver is not the owner, police have reasonable suspicion to stop a vehicle registered to an owner who does not have a valid driver’s license. This new decision also aligns with the recent Supreme…

Lange v. California: “Hot Pursuit” and the 4th Amendment

Lange v. California: “Hot Pursuit” and the 4th Amendment

On June 22, 2021, the Supreme Court of the United States handed down its decision in Lange v. California, where the Court examined the Fourth Amendment and the so-called “hot pursuit” doctrine. Specifically, the Supreme Court was asked whether a police officer’s pursuit of a person who has committed a misdemeanor categorically qualifies as an exigent…