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Excerpt #11 from Drunk Driving Defense in Massachusetts

October 26, 2015 by Stephen L. Jones
1:9. Necessity defense In Commonwealth v. Kendall, the Supreme Judicial Court held that while the necessity defense is available in an Operating Under the Influence case, the defendant did not ... Read more

Wins in October 2015

October 21, 2015 by Stephen L. Jones
Wrentham District Court – The officer reported that after the client entered a sobriety checkpoint he smelled a strong odor of alcohol on his breath, noticed his eyes were red, bloodshot and glassy and ... Read more

Wins in September 2015

October 21, 2015 by Stephen L. Jones
Newburyport District Court – The officer testified he stopped the client for blowing through a stop sign and subsequently crossing over the white painted fog line with both passenger side tires and then ... Read more

Wins in August 2015

October 21, 2015 by Stephen L. Jones
August 2015 Dorchester District Court – The officer testified he stopped the client for speeding and aggressive driving.  The officer stated the client did not immediately respond to his lights and ... Read more

Excerpt #10 from Drunk Driving Defense in Massachusetts

October 19, 2015 by Stephen L. Jones
1:7. Under the influence of alcohol Research References West's Key Number Digest, Automobiles &key;332 C.J.S., Motor Vehicles §§1382 to 1394 There are two ways that the Commonwealth may prove that ... Read more

Excerpt #9 from Drunk Driving Defense in Massachusetts

October 13, 2015 by Stephen L. Jones
Com. v. Colby, 23 Mass. App. Ct. 1008, 505 N.E.2d 218 (1987). Facts: When the police first saw the defendant's automobile with its engine running, its headlights on, and the defendant sleeping in ... Read more

Excerpt #8 from Drunk Driving Defense in Massachusetts

October 05, 2015 by Stephen L. Jones
Com. v. Brown, 51 Mass. App. Ct. 702, 712, 748 N.E.2d 972, 980 (2001). Facts: On June 11, 1997, shortly after midnight, the defendant was arrested by a Massachusetts State police trooper on the grounds ... Read more