Briones Law Group Blog

What happens to me if I refuse to take a Breathalyzer test when pulled over?

Drivers in Massachusetts ought to be especially wary when they see those blue lights flash behind them, given the spotty track record of the Breathalyzers used to test for DUI violations by police departments across the Commonwealth. Sober, responsible drivers found themselves in a lot of trouble because of inaccurately prepared and used Breathalyzers. Since 2017, numerous legal challenges and complaints have surfaced regarding the main Breathalyzer model used in the state, the Draeger 9510

Our family is hoping the RMV doesn’t renew dad’s license.

My Dad turns 80 next month and his driver’s license is up for renewal. Our family is hoping the RMV doesn’t renew his license because we think his driving is dangerous, but he insists on driving. What can we do? In the United States, getting one’s driver’s license is a rite of passage. Access to a car or other vehicle allows great freedom and independence: to go where we wish, do what we wish, and

Motor Vehicle Homicide charge was the result of a frosted windshield.

This morning’s frost reminded me about something I heard about last year and caused me to pause and warm up my teenager’s car before he left for school today. An employee of a friend of mine was in a rush one morning and scraped only a part of his windshield. His life changed irrevocably because of this. As he pulled out of his driveway to head to work, he didn’t see the jogger on his

Is it true that courts favor mothers in child custody decisions?

While it remains a common belief that courts favor, or are even biased for, mothers in child custody disputes, this is not the case. The belief stems from past practices and trends in court. When divorce became more common in the 1970s, society, including the judges within it, assumed a gendered division of labor within households. Before women entered the workforce in large numbers, men were expected to be the providers. Women, on the other

SJC overturns more drug convictions.

Last week, the Supreme Judicial Court of MA overturned more drug convictions resulting from the chemist at the Amherst drug lab. Additionally, the Court is requiring Attorney General Maura Healy’s office to cover the cost of reaching out to all persons affected by this decision. The result is that there are potentially 13,000 convictions that will now be overturned. Some of those convicted may still be serving time in jail for their convictions. The criminal

What they don’t tell you at the Vape Shop

Vaping has become very popular among teenagers and young adults. Vape pens, also referred to as e-cigs and juuls, are the subject of today’s blog. The reality is that vaping can be quite dangerous and there are a rising number of incidents where the pens are quite literally exploding. This man was driving and his vape exploded in his pants pocket resulting in second degree burns. Post Link After an incident like this, people can’t

What is the controversy surrounding Massachusetts breathalyzers?

Beginning in 2017, serious concerns arose over the accuracy of Massachusetts’ breathalyzers. The model concerned is the Draeger 9510 Alcotest. Nearly ten thousand of the 9510-model machines entered use in Massachusetts beginning in 2011. While there are also concerns about an earlier model used in the Commonwealth, the Draeger Alcotest 7110, it is the newer model that has provoked numerous legal challenges, and with good reason. In February 2017, a judge ruled that while the

Statute of Repose may prohibit you from suing a Contractor

In Massachusetts, you have 6 years to sue a contractor for their work. Let’s say that you have a contractor come and install flooring in your home.. Eight years goes by and there are no problems. Then one day you are walking through your family room and the floor collapses and you are seriously injured. You find out afterwards that the floor was improperly constructed. You cannot sue the contractor. They are protected by the

Important information regarding your OUI conviction.

If you submitted to a breathalyzer between June 1, 2011 and August 31, 2017 and were convicted or pled guilty to an OUI charge, that conviction could be overturned. You should contact an attorney who can help you determine if your case should be thrown out. The reason for this is the Draeger 9510 breathalyzer device. It is estimated that there were more than 36,500 breath tests administered using this device that resulted in “scientifically

Breathalyzer Refusal and Its Implications

Many people are aware that you lose your license for a period of time if you refuse the breathalyzer test when you are stopped by the police. However, many are not aware that the penalty differs with the number of prior OUI convictions you have had. The following is a breakdown of breath test refusal penalties if you are over 21: If you have no prior OUI convictions your license will be suspended for 180

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