Massachusetts DUI Blog

The Massachusetts State Police have planned a sobriety checkpoint for Friday, July 30, 2010, which will continue into Saturday, July 31, 2010. This roadblock will take place during varied hours on a secondary state highway in Middlesex County.  Middlesex County is the largest county in Massachusetts, and includes Burlington, Cambridge, Concord, Framingham, Natick, Newton, Somerville, Lowell, Wakefield, and Waltham.

The State Police often team up with local law enforcement officers when conducting these sobriety checkpoints. Portable breath testing equipment and mobile facilities for booking arrestees are deployed at the scene. Federal grant funding is often used, as part of the nationwide “over the limit, under arrest” mobilization. The State Police are dedicating additional resources toward detecting drivers who may be under the influence of drugs as well as alcohol. The State Police have been training a number of drug recognition experts, or DRE’s, to detect drug impairment.

If you are arrested following a sobriety checkpoint, contact attorneys who know how to defend these cases. Call Brooks & Crowley LLP at 781-251-0556.

Defendants in Massachusetts who are charged with subsequent offenses which carry enhanced penalties are entitled to a separate trial on the issue of whether the defendant is the same person named in the prior offense. A statute found in General Laws chapter 278, section 11A governs the procedure. It states, in relevant part: If a defendant pleads guilty or if there is a verdict or finding of guilty after trial, then before sentence is imposed, the defendant shall be further inquired of for a plea of guilty or not guilty to that portion of the complaint or indictment alleging that the crime charged is a second or subsequent offense. If he pleads guilty thereto, sentence shall be imposed; if he pleads not guilty thereto, he shall be entitled to a trial by jury of the issue of conviction of a prior offense, subject to all of the provisions of law governing criminal trials. A defendant may waive trial by jury. The court may, in its discretion, either hold the jury which returned the verdict of guilty of the crime, the trial of which was just completed, or it may order the impanelling of a new jury to try the issue of conviction of one or more prior offenses. Upon the return of a verdict, after the separate trial of the issue of conviction of one or more prior offenses, the court shall impose the sentence appropriate to said verdict.

In some DUI cases, the issue to be decided is not whether a defendant is guilty of the new offense, it is whether the Commonwealth is able to prove the prior offenses beyond a reasonable doubt. Sometimes, defendants admit guilt on the new offenses and go to trial on the priors alone. Given the lifetime look-back that Melanie’s Law introduced, the Commonwealth may be forced to rely upon old court records to prove the priors at this trial. And, where the proof is questionable as to the identity, or otherwise insufficient, the court or jury will be warranted in finding the defendant not guilty. Although the Registry of Motor Vehicles will count all convictions when calculating its license suspension, an acquittal on the subsequent offense trial can save defendants from mandatory terms of imprisonment.

Make sure that your DUI attorney knows how to protect your rights. Call Brooks & Crowley LLP today at 781-251-0555.

The Massachusetts State Police have planned a sobriety checkpoint for Friday, June 18, 2010, which will continue into Saturday, June 19, 2010. This roadblock will take place during varied hours on a secondary state highway in Norfolk County. Norfolk County is comprised of over a dozen cities and towns, including Quincy, Weymouth, Brookline, Dedham, Needham, Canton, Cohasset, Milton, and Plainville.

The State Police often team up with local law enforcement officers when conducting these sobriety checkpoints. Portable breath testing equipment and mobile facilities for booking arrestees are deployed at the scene. Federal grant funding is often used, as part of the nationwide “over the limit, under arrest” mobilization. The State Police are dedicating additional resources toward detecting drivers who may be under the influence of drugs as well as alcohol. The State Police have been training a number of drug recognition experts, or DRE’s, to detect drug impairment.

If you are arrested following a sobriety checkpoint, contact attorneys who know how to defend these cases. Call Brooks & Crowley LLP at 781-251-0556.

The Massachusetts State Police have announced that a “sobriety checkpoint” will be implemented beginning Saturday, June 19, 2010 and continuing into Sunday, June 20, 2010. The roadblock will take place on a secondary state highway in Worcester County.

The State Police often team up with local law enforcement when operating the checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education.

Last year, the constitutionality of these checkpoints was again called into question, but the Massachusetts Supreme Judicial Court rejected the challenge. However, the police must strictly comply with the many requirements that the Court has outlined, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.

If you are arrested following a roadblock or “sobriety checkpoint,” contact attorneys who know how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.

Nearly 400 people in Washington, D.C., have been convicted of driving while intoxicated based on faulty breath tests that calculated blood alcohol levels about 20 percent higher than the reality.

D.C. Attorney General Peter Nickles said the problem was caused when a police officer set improper baseline levels on the machines, the Washington Post reports. Nickles’ office is contacting the convicted drivers and their lawyers.

About 200 of those convicted spent some time in jail, the story says. At least one lawsuit has already been filed based on the revelation.

The Massachusetts State Police recently announced that a “Sobriety Checkpoint” will be implemented beginning Saturday, June 12, 2010 and continuing into Sunday, June 13, 2010. The roadblock will take place at an undisclosed secondary state highway in
Hampden County. Hampden County is comprised of Springfield, Chicopee, Hoyoke, Wilbraham, Westfield, and several other towns.

The State Police often team up with local law enforcement when operating these checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education.

The constitutionality of these sobriety checkpoints were recently upheld by the Massachusetts Supreme Judicial Court. However, the police must strictly comply with the many requirements that the Court has outlined in order for them to survive constitutional challenges, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.

If you are arrested following a roadblock or “sobriety checkpoint,” contact attorneys who know how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.

The Massachusetts State Police have scheduled a sobriety checkpoint for Saturday, June 12, 2010. The roadblock will take place at various hours, and will continue into Sunday, June 13, 2010. The checkpoint will be set up on a secondary state highway in Essex County. Essex County is made up of cities and towns north of Boston, from Amesbury and Danvers to Gloucester and Marblehead.

The State Police often team up with local law enforcement when operating these checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment contained in so-called BAT Mobiles, which are large trucks that the police use to process those arrested at the roadblocks. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education.

The constitutionality of these sobriety checkpoints were recently upheld by the Massachusetts Supreme Judicial Court. However, the police must strictly comply with the many requirements that the Court has outlined in order for them to survive constitutional challenges, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.

If you are arrested following a roadblock or “sobriety checkpoint,” contact attorneys who know how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.

The Massachusetts State Police recently announced that a “Sobriety Checkpoint” will be implemented by the State Police in Suffolk County, Massachusetts. This checkpoint is scheduled for Thursday, June 11, 2010 into Friday, June 11, 2010, and will take place during varied hours. Suffolk County is comprised of all of Boston, and the cities of Chelsea and Revere, Massachusetts.

The State Police often team up with local law enforcement when operating these checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education. The constitutionality of these checkpoints were recently upheld by the Massachusetts Supreme Judicial Court. However, the police must strictly comply with the many requirements that the Court has outlined, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.

If you are arrested following a roadblock or “sobriety checkpoint,” contact attorneys who know how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.

On June 1, 2010, the United States Supreme Court released its opinion in Berguis v. Thompkins (a copy of the opinon and digest may be accessed here). In the case, Mr. Thompkins was questioned by police following a shooting which led to a death. At the outset, the police advised Thompkins of his rights per Miranda v. Arizona. Thompkins remained silent during the 3-hour interrogation, but near the end, he answered “yes” when asked if he prayed to God to forgive him for the shooting. He later moved to suppress his statements, claiming that he had invoked his Fifth Amendment right to remain silent, that he had not waived that right during the interview. This statement was admitted at trial, where Thompkins was convicted of murder.

The Supreme Court ruled that Thompkins’ silence during the legthy interrogation did not invoke his right to remain silent. A suspect’s Miranda right to counsel must be invoked “unambiguously.” If the accused makes an “ambiguous or equivocal” statement or no statement, the police are not required to end the interrogation or ask questions to clarify the accused’s intent. The Court stated that, had Thompkins said that he wanted to remain silent or that he did not want to talk, he would have invoked his right to end the questioning.

This case provides an important guide to anyone accused or suspected of commiting a criminal offense. It is not enough to stay silent in the face of police questioning. A simple statement, “I do not wish to answer any questions, and would like to speak with an attorney” invokes both Fifth and Sixth Amendment rights to remain silent and to consult with an attorney, and avoids any later confusion over what was intended by the defendant.

The Massachusetts State Police have announced that it will implement a sobriety checkpoint for this Friday, June 4, 2010. The roadblock will take place at various hours, and will continue into Saturday, June 5, 2010. The checkpoint will be set up on a secondary state highway in Essex County. Essex County is made up of cities and towns north of Boston, from Amesbury and Danvers to Gloucester and Marblehead.

The State Police often team up with local law enforcement when operating these checkpoints, which may utilize over a dozen officers at a time as well as mobile breath testing equipment. Many of these roadblocks are part of the nationwide “Over The Limit, Under Arrest” mobilization, for which state and federal grant money is used to fund police overtime, equipment and education.

The constitutionality of these sobriety checkpoints were recently upheld by the Massachusetts Supreme Judicial Court. However, the police must strictly comply with the many requirements that the Court has outlined in order for them to survive constitutional challenges, and the failure to do so may result in the exclusion of all evidence obtained against a defendant.

If you are arrested following a roadblock or “sobriety checkpoint,” contact an attorney who knows how to defend these cases successfully. Call Brooks & Crowley LLP at 781-251-0555.