Operating After Suspension for DWI / OUI by Attorney Mark Stevens 1-603-893-0074

Operating After Suspension Law.  Charges for operating after your license has been suspended carry harsh penalties.  The penalties are even harsher if your license has been suspended or revoked for operating under the influence of alcohol or drugs ("OUI") or driving while intoxicated ("DWI").  On December18, 2014, the Massachusetts Supreme Judicial Court ("SJC"), issued an opinion reversing a conviction for operating after suspension for OUI that might be helpful if you are facing a trial for an operating after suspension charge.

In Commonwealth v.  Oyewole, 467 Mass. 1108 (2014), the SJC granted further appellate review of a conviction for operating after suspension after a jury waived trial in District Court.  The SJC noted that the Commonwealth was obligate to prove four elements of the this charge beyond a reasonable doubt to sustain its burden of proof at trial: 1). that the defendant operated a motor vehicle; 2). that at the time of that operation the defendant's license to drive was suspended or revoked; 3). that the license suspension or revocation was pursuant to a violation of G. L. c. 90, sec 24 (the Massachusetts OUI law); and 4). "that the defendant was notified that his license was notified that his license was suspended or revoked".

In this case, the record supported findings that the defendant's driver's license had been revoked pursuant to an admission to sufficient facts that led to a Continuance Without a Finding ("CWOF") that resulted in a 60 day license revocation.  He was stopped within the 60 day revocation period.  He still had his driver's license with him at the time of the stop at issue, however, and the Commonwealth did not prove beyond a reasonable doubt that the defendant had ever been notified of his license revocation, despite the prior OUI plea and CWOF.  There was no evidence at trial that the defendant's suspension was ever communicated to him, and the  defendant's conviction was overturned.

If you have been charged with operating after suspension or revocation, it is important to contact a criminal defense attorney immediately.  Call Attorney Mark Stevens today for a case consultation for your Massachusetts or New Hampshire charges at 1-603-893-0074.

Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Admitted to Practice in Massachusetts and New Hampshire




DISCLAIMER: This is legal advertising.  No attorney-client relationship is intended or created by this post.  



. 

Massachusetts Supreme Judicial Court Limits Cops' Guess-Timony on Driver's Ability to Operate in OUI Cases

In a decision important to OUI trials in Massachusetts state courts, the Massachusetts Supreme Judicial Court issued an opinion on Thursday that prohibits cops from testifying that a defendant's "ability to safely operate a motor vehicle was diminished by his or her consumption of alcohol".   This had been, until Thursday's ruling, a common end to the arresting cop's direct testimony.  This police officer opinion has routinely been parroted at the end of the officer's testimony in response to a leading question by the prosecutor, usually it went something like this:

PROSECUTOR:  "Based on all your observations with the driver, including (the prosecutor then drones about everything the cop has testified about already), were you able to form an opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol?"

COP: "Yes."

PROSECUTOR:  "And what was that opinion?"

COP: "Based on (cop then regurgitates all the observations the prosecutor just named) I formed the opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol consumption".
    
This rote question and answer series was prohibited Thursday by the Supreme Judicial Court in the case of Commonwealth v.  Canty, SJC Case No. 11315 (November 6, 2013).  While a cop, or any other witness, can give an opinion that a driver, or any other person, was drunk or intoxicated, a witness cannot express an opinion as to whether a defendant is guilty or innocent.  Where the ultimate issue in an OUI trial is for the trier of fact to determine whether a driver's ability to operate a motor vehicle has been diminished by alcohol, this opinion by the cop was inappropriate.  

If you have been charged with driving while intoxicated or operating under the influence of alcohol or drugs or both, call Attorney Mark Stevens at 1-603-893-0074 today for a free initial consultation or visit my website at http://www.byebyedwi.com.  

The Law Offices of Mark Stevens

5 Manor Parkway

Salem, NH 03079

1-603-893-0074