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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
