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Category: Criminal Defense

Cannabis DUI

Marijuana and derived cannabis products are now legal for private, at-home consumption in Massachusetts. With the use of THC products now legal and in the open, it becomes even more important to remember continuing legal restrictions on and best practices surrounding their consumption. One of the foremost issues at the intersection of law, good citizenship, and cannabis is that of driving under the influence of marijuana and marijuana-derived products. Most people are familiar with the

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Can I legally smoke recreational marijuana in public in the state of Massachusetts?

While marijuana use is legal in Massachusetts for people 21 and older, that doesn’t mean you can use it anywhere you want. Only adults 21 or older can legally purchase and possess marijuana, except for those who are registered patients. Consuming even legally purchased cannabis in Massachusetts at a public place is illegal under state law. This covers smoking, vaping, and cannabis-infused foods. While your safest bet is smoking in your home, if you have

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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

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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

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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

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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

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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

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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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