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,…
Drunk driving – or driving while otherwise impaired – is a serious charge which carries severe penalties. These penalties can affect your life for years, even a lifetime, so it’s important to be proactive from the moment you are pulled over to mitigate the impact that a potential OUI charge can have. Before getting pulled…
A license suspension can have a huge and devastating impact on your life. For most Americans, being unable to drive a car means that they have no means of getting to work, transporting their children, and attending medical appointments. However, there is recourse if your license was suspended, and you may be able to drive…
Traditionally, when an officer pulls a driver over due to suspected impairment, they ask the driver whether or not they want to be subject to certain tests. It might seem like if an officer pulls you over on a suspected OUI and asks you to take a breathalyzer, that you have the right to refuse….
Massachusetts is notoriously hard on OUI charges, imposing harsh penalties with a lifelong impact in many cases. For example, a first OUI offense could leave you with a fine of up to $5,300, a prison sentence of up to two and a half years, and a license suspension of up to one year. The penalties…
Massachusetts treats OUI charges very seriously and imposes harsh penalties that can impact you for the rest of your life. The penalties get increasingly more serious for subsequent offenses, and the state doesn’t leave much room for second chances. These penalties can result in costly fines, driver’s license suspension or revocation, and even a jail…
When discussing driving while impaired, people tend to throw a lot of terms around, including OUI, DUI, and DWI. In essence, there are a lot of acronyms used to describe the same type of crime, sometimes slightly distinct from each other. They almost always, anywhere in the country, refer to the act of driving or…
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…
If you have been charged with Operating Under the Influence (an OUI) in Massachusetts, you may be scared for your future. While an OUI charge can be a misdemeanor or felony, this charge can follow you for the rest of your life. Massachusetts law is one of the strictest in the United States when it…
If you have been convicted of an OUI (Operating Under the Influence) or are facing an OUI charge, you may be wondering what this means for your future. You may be wondering how this may impact your future ability to drive, secure jobs, and get car insurance. Massachusetts has one of the strictest OUI policies…
After much debate within the district courts, on October 10, 2019, the Supreme Judicial Court announced that a fog line constitutes a marked lane for the purposes of motor vehicle stop for a marked lanes violation in accordance with G. L. c. 89, § 4A, a civil motor vehicle infraction. In Commonwealth v. Larose, the Court analyzed…
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…
A popular New England winter activity that many of us have participated in at one time or another is riding snowmobiles. Whether it is on a trail or your backyard, with friends and family or even just by yourself, it can be a great way to spend a snowy day. But what happens if your…
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…
When someone hears that they are facing a license suspension, one of the first worries is, “How am I going to get to work?” Even a 30-day license suspension for failing a breath test can put someone into a difficult situation. While rides from friends and family, Uber or a cab are options, many look for options…
After much debate within the district courts, on October 10, 2019, the Supreme Judicial Court announced that a fog line constitutes a marked lane for the purposes of motor vehicle stop for a marked lanes violation in accordance with G. L. c. 89, § 4A, a civil motor vehicle infraction. In Commonwealth v. Larose, the Court analyzed…
If you are facing an OUI charge, your day in court is an opportunity to fight for your rights and to secure the best possible outcome for yourself and your family. In these uncertain times amid the COVID-19 pandemic, this has never been more important. If you have a current open OUI case or if…
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