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