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So far Doug Stoddart has created 28 blog entries.

A primer for those who plead out an oui case

If the proof against you in an oui case is substantial and you want to plead out your case, below is a hypothetical disposition; Continue Without a Finding for one year (The DA may ask the Judge for a Guilty Finding); 45 day loss of license 24D program (16-18 weeks of classroom lectures) separate cost [...]

By |2021-05-16T11:39:11-04:00May 5th, 2017|Uncategorized|Comments Off on A primer for those who plead out an oui case

If charged with oui, file motion to preserve videotape immediately

If you are charged with OUI, most municipalities do not have roadside videotape. However, many municipalities have videotape in their station houses, not for oui cases, but for protection against civil lawsuits. This videotape is crucial to any defense at trial, as there is no more reliable and accurate evidence than videotape. Because police do [...]

By |2021-05-15T11:37:57-04:00March 29th, 2017|Uncategorized|Comments Off on If charged with oui, file motion to preserve videotape immediately

When charged with oui, get immediate blood test upon release

After you are arrested for oui, you will usually be released on a $40 payment to the bail clerk (always carry at least $40 in your wallet for this emergency). Upon release, get to an emergency room hospital ASAP and pay for a blood test, using a non-alcoholic swab. Blood tests are reliable and admissible [...]

By |2021-05-15T11:35:54-04:00March 29th, 2017|Uncategorized|Comments Off on When charged with oui, get immediate blood test upon release

Buyers of drugs can’t be charged with conspiracy with seller

If you engage in a sale and purchase of a drug with a seller, and then the police charge you, the buyer, with conspiracy to violate the drug laws, that charge is no longer permitted. In Commonwealth v. Doty, 2015, the Appeals Court ruled that the interests of the buyer are different from those of [...]

By |2021-05-15T11:33:25-04:00March 6th, 2017|Uncategorized|Comments Off on Buyers of drugs can’t be charged with conspiracy with seller

When is a parent liable for the acts of his/her child?

As custodial parents of a minor, we can be held liable for their acts. If the act is intentional, we are liable if the child is over age 7 and under age 18. See MGL Ch. 231 sec. 85G. In fact, the courts have deemed that we are " strictly liable ". i.e. we are [...]

By |2021-05-15T11:31:23-04:00February 16th, 2017|Uncategorized|Comments Off on When is a parent liable for the acts of his/her child?

Homeowners should tell guests to bring their own alcohol

There is an area of the law called "social guest " liability or the so-called Dram Shop Act. In short, if you host a party at your residence and you serve and/or provide alcohol to your guests, you have a duty to make sure that your guests, when they depart, do not operate a motor [...]

By |2021-05-15T11:29:27-04:00February 6th, 2017|Uncategorized|Comments Off on Homeowners should tell guests to bring their own alcohol

Never sell drugs and especially near a school or park

The Mass. Legislature does not like people who sell drugs, especially those who sell near a school or a park. MGL Ch. 94 s.32J is the so-called "school zone " statute where if one sells drugs within 300 yards of a school between 5:00 AM- Midnight or within 100 yards of a park or playground, [...]

By |2021-05-15T11:26:03-04:00February 3rd, 2017|Uncategorized|Comments Off on Never sell drugs and especially near a school or park

Drivers are presumed to be in possession of all drugs in their car

If you are driving your friends around in your car, and one of your buddies has drugs in his/her pocket/purse, you are presumed to be in "constructive possession" of those drugs. Not fair, right? Well, the top courts have ruled, tough luck, you as the driver possess everything in the car. The bad news is [...]

By |2021-05-15T11:18:43-04:00January 24th, 2017|Uncategorized|Comments Off on Drivers are presumed to be in possession of all drugs in their car

Landlords: watch out for statutes and regulations that bite

There are many statutes and regulations that affect the rights and obligations of both landlords and tenants. Before anyone decides to become a landlord, he/she should sit down and read the following; * MGL Ch. 186 s.1-21 (general) * MGL Ch. 239 s. 1-13 (general) * MGL Ch. 127 L (repair and deduct) * MGL [...]

By |2021-05-15T10:40:34-04:00January 19th, 2017|Uncategorized|Comments Off on Landlords: watch out for statutes and regulations that bite

Who can you sue if you fall on ice or snow?

Massachusett's courts used to distinguish slip and fall on snow and ice cases between natural accumulations and man made efforts to move the snow and ice, with the former not being the fault of the homeowner. Today, the snow and ice cases have been merged into one rule; a property owner now has a general [...]

By |2021-05-15T10:43:48-04:00January 13th, 2017|Uncategorized|Comments Off on Who can you sue if you fall on ice or snow?
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