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Lawyer Up, Please!

Having practiced criminal defense since 1988, I’ve developed some solid insights over the years based not only on my experience, but also that of my colleagues.  Generally, in my opinion there are very few “absolutes” when it comes to evaluating decisions to be made in interacting with law enforcement.  I made this point in an […]

Breath Test Use OK’d

It shouldn’t come as a surprise that whatever problems existed with certain breath test machines have apparently been “fixed”, and it appears that “business as usual” will resume.  More detailed information on what exactly what the problem(s) were is going to continue to surface, however, and that could lead to more effective challenges to the […]

Breath Test Update

    Issues with chemical breath testing state wide have created a “buzz” (no pun intended) among the criminal defense bar here in Western Massachusetts. Too early to tell what, if any, effect it may have on future OUI prosecutions, but our local paper is following the story closely.

Supreme Court Restricts Police

The Supreme Court handed down an important Fourth Amendment decision yesterday in Rodriguez v. United States, prohibiting police from extending the duration of a traffic stop without reasonable suspicion, even for a very small amount of time, for reasons unrelated to vehicle and driver safety. It’s reassuring that the “Roberts” Court, known for its conservative […]

The Breath Test Dilemma

  One aspect of Massachusetts criminal law that can sometimes affect the lives of decent, otherwise law-abiding citizens pertains to “operating under the influence of intoxicating liquor” (OUI).  A question criminal defense attorneys are asked all the time is: “If I ever get busted for OUI (‘drunk driving’) should I take a breath test?” First […]