Receiving a letter from the Massachusetts Registry of Motor Vehicles (RMV) regarding the disqualification of your Commercial Driver’s License (CDL) is a serious matter that requires immediate attention. Here’s what you should do: By taking these steps, you can better navigate the situation and work towards reinstating your CDL, ensuring that you remain compliant with Massachusetts law. Contact us for a free consultation at any time.
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Everything You Need to Know About a First OUI in Massachusetts
Have you just been charged with your first OUI offense in Massachusetts? Educate yourself on state penalties and retain an OUI defense attorney to prepare.
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This is Why Getting an OUI is Different on a Holiday
If you were arrested for an OUI on a holiday, an experienced OUI defense attorney can help you build a strong drunk driving defense case.
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The Possible Outcomes of a First OUI Charge, Explained
There are several possible outcomes to a first OUI charge. Learn how to achieve a favorable case result with an OUI defense lawyer.
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Massachusetts Field Sobriety Tests
Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs. There are 3 standardized tests that are approved through the National Highway Safety Traffic Administration (NHTSA) that may be administered : 1. Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an object with his eyes. As the object is moved further to the side of the person, a jerking of the eyes called HGN will occur. HGN is more prominent in impaired persons. Under Massachusetts case law, this test is typically excluded
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Your Rights: Massachusetts OUI DUI Laws
Know Your Rights. The Evidence Will Be Used Against You.
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Drunk Driving Defense Attorneys – Because Everyone Makes Mistakes Sometimes
The consumption of alcohol has been around since almost the beginning of time. Even in ancient times wine was a favorite beverage. Alcohol is so popular songs have been written about it. But one thing they didn’t have back in the days of Roman empires and ruthless kings were automobiles. If one had too much to drink they didn’t worry about driving while under the influence. But in today’s world driving after a few drinks is a crime. But everyone makes mistakes sometimes and one day you may innocently find yourself looking up drunk driving defense attorneys. In the state
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Here’s How You Can Challenge Your Breathalyzer Test Results
If you have failed a breathalyzer test at a sobriety checkpoint or traffic stop in Massachusetts, then you’ve already incurred an automatic suspension of your license and will soon face drunk driving charges in court. This is a scary moment for anyone—but don’t panic.
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5 Questions to Ask Your DUI Lawyer Before Court
One of the scariest aspects of going to court for the average person is that you don’t know what you don’t know. Prosecutors, law enforcement officers, and judges all have expertise in the legal process, but you are the one with legal consequences hanging in the balance. This can be intimidating.
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Massachusetts OUI Laws, Consequences, and Defenses
Laws in Massachusetts for Operating Under the Influence (OUI) have become more strict and carry harsher penalties since an overhaul of the law in 2002. This makes it even more important these days to have a basic understanding of your rights, the standards set by the state for OUI, the potential consequences you may face for conviction, and the many possible defenses an attorney may pursue to fight your case.
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What You Should Know About Sobriety Checkpoints in Massachusetts
In Massachusetts, it is legal for law enforcement officers to station themselves at a checkpoint to examine drivers for signs of intoxication and impairment. These “mobile checkpoints” or “roadblocks” are part of broader efforts by law enforcement to deter drunk driving within Massachusetts borders. Sobriety checkpoints have been controversial for a long time, however, and not all states authorize their use.
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Massachusetts Residents Charged With DUI Out of State
Consider a scenario where you’re away from home, driving around in New York after a night out and are suddenly pulled over by law enforcement, fail a breathalyzer test, and find yourself facing DUI charges. What happens if you get a DUI out of state?
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Marijuana, Opioids, and DUI Law: How Massachusetts Patrols “High” OUIs
With the 2016 passage of “The Regulation and Taxation Marijuana Act,” more questions than answers have been raised about how or even if Massachusetts is able to effectively patrol and penalize the expected increase in drivers who are under the intoxicating influence of THC—or, for that matter, any other non-alcohol drug or substance, such as the opioids that have become a rising crisis in recent years.
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Nonresidents Charged With a DUI in Massachusetts
If you’ve been charged with a DUI in Massachusetts but live in another state, you’ll find that MA law will scrutinize your lifetime driving record as carefully and aggressively as it does for its own residents. Previous DUI convictions from another state can also affect the level of consequences you’ll face, no matter how far away or how long ago they occurred.
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How Long Does a DUI Stay on Your Record?
Getting a DUI is a scary thing with very real consequences. However, if you’re ever faced a DUI charge, then you’re going to want to know how to handle it and what those consequences will look like. That’s where we can help. With this blog, you can educate yourself on how long a DUI stays on your record, what it means to be convicted rather than just charged, what comes with a charge, and what steps you should take after the fact.
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First DUI Next Steps and How to Prepare for Court
If you’re ever faced with a DUI, the first thing you should do is to simply take a breath. Don’t stress or panic. DUI’s are a serious thing, but trying to handle one without taking the time to think, make a plan, and act out that plan will make a bad situation even worse.
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Major Breathalyzer Test Ruling Could Overturn Your Prior DUI
The breathalyzer test has always been one of the most vital aspects of a DUI case. While failing a breathalyzer test can feel like it eliminates your chances of a Not Guilty verdict, that’s not always the case.
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Possible Massachusetts DUI OUI Convictions Since 2011 Overturned
On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance.
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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys
A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with operating under the influence in Massachusetts, and perhaps thousands of others.
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OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers
OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol Testing handed over about 2,000 documents, most of which showed proper calibration.
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Background Checks for Uber and Lyft Drivers in Massachusetts
A new state background check for infractions that range from license suspensions to violent crimes has affected more than 8,000 Uber and Lyft drivers throughout Massachusetts. The state reviewed the criminal and driving records of drivers and disqualified hundreds for having serious crimes on their record, while others were disqualified for less serious issues.
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Massachusetts Judge Excludes Results of Thousands of OUI Breathalyzer Tests
IF YOU WERE A DEFENDANT IN AN OUI CASE IN MASSACHUSETTS AND SUBMITTED TO A BREATH TEST PRIOR TO SEPTEMBER 13, 2015 THIS DECISION MAY AFFECT YOUR CASE. IF YOU PLED TO AN OUI CASE IN MASSACHUSETTS DURING THESE TIME PERIODS BECAUSE OF A BREATH TEST READING YOU MAY BE ABLE TO REOPEN YOUR CASE AND PERHAPS GO TO TRIAL.
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Results From Massachusetts Breathalyzer Tests Are In Question
As a leading OUI defense attorney in Massachusetts, Attorney James Milligan is one of a few lawyers driving the state wide breath test litigation case questioning the validity and accuracy of breathalyzer machines across the Commonwealth of Massachusetts.
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Massachusetts 94C Controlled Substance Act and Drivers License Reinstatement
Massachusetts legislation was recently passed to ease the transition for those convicted of drug offenses under the 94C Controlled Substance Act, to re-enter society, hold employment and care for their families by repealing the automatic suspension of drivers licenses and a subsequent $500 reinstatement fee for all drug convictions.
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Technical problems could overturn recent drunk driving convictions in Massachusetts
If you’ve been convicted or admitted to drunk driving (OUI or DUI) offense in Massachusetts within the past two years because you took a breath test and allegedly failed, your conviction may be overturned due to a recent report regarding the accuracy of breathalyzers. Contact us directly to learn if your case may be overturned.
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