Background Checks for Uber and Lyft Drivers in Massachusetts

A new state background check for infractions that range from license suspensions to violent crimes has affected more than 8,000 Uber and Lyft drivers throughout Massachusetts. The state reviewed the criminal and driving records of drivers and disqualified hundreds for having serious crimes on their record, while others were disqualified for less serious issues. If you are an Uber or Lyft driver in Massachusetts and have been affected by the new state background check for an RMV issue or driving violation other than a serious crime, you may contact our law office to speak with an attorney to learn your
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Massachusetts Judge Excludes Results of Thousands of OUI Breathalyzer Tests

IF YOU WERE A DEFENDANT IN AN OUI CASE IN MASSACHUSETTS AND SUBMITTED TO A BREATH TEST PRIOR TO SEPTEMBER 13, 2015 THIS DECISION MAY AFFECT YOUR CASE.  IF YOU PLED TO AN OUI CASE IN MASSACHUSETTS DURING THESE TIME PERIODS BECAUSE OF A BREATH TEST READING YOU MAY BE ABLE TO REOPEN YOUR CASE AND PERHAPS GO TO TRIAL. Sweeping Decision Issued on February 16, 2017 regarding the Breath Testing in Massachusetts A Decision was issued today by the Honorable Judge Brennan In the matter of COMMONWEALTH v. EVANDO ANANIAS, CHRISTIAN FIGUEROA, AND OTHERS This Decision addressed issues regarding a statewide
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Results From Massachusetts Breathalyzer Tests Are In Question

As a leading OUI defense attorney in Massachusetts, Attorney James Milligan is one of a few lawyers driving the state wide breath test litigation case questioning the validity and accuracy of breathalyzer machines across the Commonwealth of Massachusetts. Attorney James Milligan cross examined the Technical Director of the Massachusetts Office of Alcohol Testing (OAT), the organization that maintains all the breath test instruments in Massachusetts. What attorney Milligan learned during this four hour examination was not only shocking but it could have tremendous implications to those charged and convicted of OUI in Massachusetts over the past several years. It was
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Massachusetts 94C Controlled Substance Act and Drivers License Reinstatement

Massachusetts legislation was recently passed to ease the transition for those convicted of drug offenses under the 94C Controlled Substance Act, to re-enter society, hold employment and care for their families by repealing the automatic suspension of drivers licenses and a subsequent $500 reinstatement fee for all drug convictions. The new legislation, effective March 30, 2016, repeals an ineffective and unfair law that made it harder for those who have paid for their mistakes to re-enter society. Approximately 7,000 people in Massachusetts had their license suspended last year due to a drug conviction even if that conviction had nothing to
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Technical problems could overturn recent drunk driving convictions in Massachusetts

If you’ve been convicted or admitted to an OUI offense in Massachusetts within the past two years because you took a breath test and allegedly failed, your conviction may be overturned due to a recent report regarding the accuracy of breathalyzers. Contact us directly to learn if your case may be overturned. Jay Milligan Board Certified DUI Defense Attorney 306 Washington Street Norwell, MA 02061 Office – (781) 878-1231 Cell – (617) 851-7155 Fax – (781) 878-6550
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Massachusetts OUI Laws

The Commonwealth of Massachusetts has passed a number of laws in the past decade that are very harsh on those who are arrested for operating under the influence (OUI). If you are stopped and charged with OUI, you will need to have a basic understanding of the penalties you could face under Massachusetts OUI laws. Understanding the terms Melanie’s Law was passed in October of 2005 in Massachusetts for the sole purpose of allowing stronger penalties in cases of OUI. Under the new rules, the following penalties are associated with OUI cases: First offense Under Massachusetts law, a conviction on
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The Use of Field Sobriety Tests in Massachusetts

In order to identify citizens who are driving under the influence of alcohol and certain drugs, Massachusetts police will often use Field Sobriety Tests to determine if a driver is under the influence. A driver is said to be under the influence of alcohol if their blood alcohol concentration is above 0.08%, and in commercial drivers the limit is set at 0.04%. If a police officer believes that a driver is intoxicated, they may ask the driver to submit to several field sobriety tests. The horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test
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Massachusetts Field Sobriety Tests

Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs. There are 3 standardized tests that are approved through the National Highway Safety Traffic Administration (NHTSA) that may be administered : 1.  Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an object with his eyes. As the object is moved further to the side of the person, a jerking of the eyes called HGN will occur. HGN is more prominent in impaired persons. Under Massachusetts case law, this test is typically excluded
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Your Rights: Massachusetts OUI DUI Laws

Know Your Rights. The Evidence Will Be Used Against You. 1. KEEP SILENT….don’t make any statements. 2. REFUSE ALL FIELD SOBRIETY TESTS. 3. REFUSE THE BREATHALYZER TEST. 4. EXERCISE YOUR RIGHT TO SPEAK /CALL AN ATTORNEY BEFORE ANSWERING ANY QUESTIONS. 5. FROM THE MOMENT YOU ARE STOPPED ROADSIDE & AT THE POLICE STATION, BE POLITE AND RESPECTFUL AND DO NOT PROVIDE THEM WITH EVIDENCE/STATEMENTS THAT WILL BE USED AGAINST YOU LATER IN COURT. #1, #2, and #3 CANNOT BE USED AGAINST YOU IN A COURT OF LAW.
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Drunk Driving Defense Attorneys – Because Everyone Makes Mistakes Sometimes

The consumption of alcohol has been around since almost the beginning of time. Even in ancient times wine was a favorite beverage. Alcohol is so popular songs have been written about it. But one thing they didn’t have back in the days of Roman empires and ruthless kings were automobiles. If one had too much to drink they didn’t worry about driving while under the influence. But in today’s world driving after a few drinks is a crime. But everyone makes mistakes sometimes and one day you may innocently find yourself looking up drunk driving defense attorneys. In the state
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