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Excerpt #12 from Drunk Driving Defense in Massachusetts

November 02, 2015 by Stephen L. Jones
1:12. .08% or greater Research References West's Key Number Digest, Automobiles &key;332 West's Key Number Digest, Automobiles &key;355(6) West's Key Number Digest, Automobiles &key;411 ... Read more

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

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

Excerpt #7 from Drunk Driving Defense in Massachusetts

September 28, 2015 by Stephen L. Jones
1:6. Public way Major case summariesResearch References West's Key Number Digest, Automobiles &key;332 C.J.S., Motor Vehicles §§1382 to 1394 Com. v. Hart, 26 Mass. App. Ct. 235, 525 N.E.2d 1345 ... Read more

Excerpt #6 from Drunk Driving Defense in Massachusetts

September 21, 2015 by Stephen L. Jones
1:5. Public wayResearch References West's Key Number Digest, Automobiles &key;332 C.J.S., Motor Vehicles §§1382 to 1394 The second element of the offense of operating under the influence is public ... Read more

Excerpt #5 from Drunk Driving Defense in Massachusetts

September 14, 2015 by Stephen L. Jones
Com. v. O'Connor, 420 Mass. 630, 650 N.E.2d 800 (1995). Facts: Around midnight on May 14, 1993, there was a two-car collision on Memorial Drive in Cambridge. When State Trooper Robert Ahern arrived ... Read more

Excerpt #4 from Drunk Driving Defense in Massachusetts

September 08, 2015 by Stephen L. Jones
1:4. Operation of a motor vehicle Major case summaries Research References West's Key Number Digest, Automobiles &key;332 West's Key Number Digest, Automobiles &key;355(6) C.J.S., Motor Vehicles ... Read more

Excerpt #3 from Drunk Driving Defense in Massachusetts

August 31, 2015 by Stephen L. Jones
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction ... Read more

Excerpt #2 from Drunk Driving Defense in Massachusetts

August 26, 2015 by Stephen L. Jones
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction ... Read more

Excerpt from Drunk Driving Defense in Massachusetts

August 19, 2015 by Stephen L. Jones
Over the next several months, we will be posting excerpts from my book Drunk Driving Defense in Massachusetts. We start with Chapter One and will be posting more as the months continue. Chapter 1. Offenses ... Read more