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Hire the Right DUI Lawyer

If you are serious about achieving the best possible outcome in your Massachusetts Operating Under the Influence (OUI) case, you should hire the best DUI lawyer that you can afford. I have found that there are general practitioners who handle drunk driving cases amongst many other types of cases and there are those lawyers who specialize in DUI defense. These specialists have extensive experience in defending those accused of OUI. They generally achieve better results in DUI cases as compared…

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3 Surchargeable Event License Suspensions

When your Massachusetts Registry record reflects that you have been found responsible for 3 Surchargeable Events within a specified period of time, based on court finding dates and at fault accident surcharge dates, MassDOT will require you to attend and successfully pass a Driver Retraining Program within 90 days of your receipt of the notice of intent to suspend. Pursuant to G.L. c. 175, Section 113B,  if you fail to take and pass the required class or classes, the Registry…

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Marijuana and Driving in Massachusetts

Not long ago marijuana was an illegal controlled substance in Massachusetts. First came “medical marijuana” and now we have legalized the recreational use of marijuana. Marijuana possession once led to arrest and criminal charges. Now, thanks to democratic process, in most cases it is not a violation of state law to possess marijuana in Massachusetts. This change reflects a softening of anti-drug measures. For example, as part of the “war on drugs,” the Registry of Motor Vehicles would automatically suspend…

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Be Careful When Lending Your Car

Lending your vehicle to the wrong person in Massachusetts can have severe consequences such as the loss of your driver’s license. For example, if you lend you vehicle to someone whose license is suspended, the Registry may revoke the vehicle’s registration or your Massachusetts Driver’s License. Also, if you are convicted of knowing allowing someone who does not have a valid driver’s license to drive your vehicle, you may have a criminal offense on your record. If you knowingly lend…

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Superior Court Appeals of Adverse Decisions

Appealing an adverse decision of the Board of Appeals requires filing a complaint in Superior Court within thirty (30) days of the decision. After service of the administrative record of the proceedings under appeal, you must file a Motion for Judgment on the Pleadings and an accompanying Memorandum of Law. All legal pleadings must be filed in accordance with court rules and standing orders. As the party who is appealing the administrative decision to the Superior Court, you bear the…

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Weather Related Surchargeable Accidents

Unfortunately for Massachusetts motorists, it’s that time of year. With the recent inclement weather, we’ve already had a substantial number of traffic accidents due to snow and ice. We can expect many more weather related accidents before the end of the snow season. When you are involved in an accident, your insurance company will make a determination as to who is at fault. If you are in a single car accident, you’re automatically presumed to be at fault, because there…

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“Failure to Stop” vs. “Refusal to Stop” in Massachusetts

State Highway Safety Director Sheila Burgess is receiving sharp criticism from Massachusetts media outlets regarding her driving record. The stories point out the hypocrisy of putting someone with an allegedly poor driving record in charge of highway safety in Massachusetts. Without weighing in on the merits of the issue, one way or another, I did want to point out that the media might not be completely accurate in its characterization of her record. Specifically, it has been repeatedly reported that…

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Corrupt Registry Clerk Arrested in False Licesne Scam

Media outlets are reporting on Adriana Ferreira, a Registry of Motor Vehicles clerk who worked at the Watertown Branch. She ran a scam whereby she bilked illegal immigrants out of thousands of dollars, by promising them to get false driver’s licenses and resolve their immigration problems. When she failed to deliver and they complained, she threatened to notify immigration authorities and have the illegal immigrants deported. This woman should be prosecuted to the fullest extent of the law for taking advantage…

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Ignition Interocks, Breathalyzers, & Breathing Problems

If you suffer from a breathing condition you should take steps to protect yourself from a Massachusetts breath test refusal suspension which will result in the loss of your license from 180 days to lifetime or an ignition interlock violation which can also result in the revocation of your driver’s license. If you are arrested for DUI, and you suffer from a medical breathing problem which is preventing you from providing an adequate breath sample, you should notify the police…

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Bood Testing in Drunk Driving Cases

In a case of interest to DUI lawyers across the country, the U.S. Supreme Court will soon decide whether police officers can obtain blood from a DUI suspect without a search warrant and the driver’s consent. Recognizing the important privacy implications of this case, the American Civil Liberties Union is representing Tyler McNeely, the Missouri DUI defendant who had his blood drawn without his permission and without a warrant. A Missouri State Trooper stopped McNeely for speeding and the police…

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