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

If Your Plans at Pumpkin Fest' Get Crashed, Be Careful If You Smash and Dash.... If You're Caught, 'BOO' the Cop & Then, Remember to Call Mark Stevens 1-603-893-0074

Pumpkin Festival is an annual tradition in Keene, NH that draws thousands of local residents, students, and non-community members to put their pumpkins on display. In recent years, unhappy residents have tried limiting the activities and annual festivities traditionally held at the Keene Pumpkin Festival.  Authority figures cracking down on all the jack-o'-lantern fun during Hallows Eve seemed wrong and unethical to those who look forward to the yearly carving contests. Keene's well established residents weren't the only ones disappointed by last years rumors of a cancelled pumpkin fest, their 5,500 local college neighbors who makeup the student body at Keene State College were outraged. It seems as though everyone old, young, established or passing through has acquired a kindred taste for Keene's local events and festivities, such as Pumpkin Fest'!

This year, Pumpkin Festival 2012 challenges a whole new slew of food, fun, and events to take part in. Don't forget to log your carved jack-o'-lantern in to be a part of the world record tally. Forget your pumpkin? No worries, there will be plenty of carving stations set up for those who haven't carved one yet. Don't want to carve a pumpkin? Adopt one at the Pumpkin Orphanage, then go log it in. Afterwards hop on the Ferris Wheel,  Pumpkin Fest' 2012's newest addition for an opportunity to get a 45-foot aerial view of the entire festival. Rather participate than observe? Race through the pumpkin-lined car-free streets for the The Great Pumpkin Mile. If you've seen the pumpkin skyscraper illuminating orange for miles around Halloween, then you know the beauty and small town unity Keene Pumpkin Festival represents.


If you get busted at the Keene Pumpkin Festival, call Salem, New Hampshire Criminal Defense Lawyer Mark Stevens (24/7) to find out what your next step should be at : 1-603-893-0074 or visit us online at www.byebyedwi.com for more information. And remember if your plans at  Pumpkin Fest' get crashed, be careful if you smash and dash- if your caught, BOO the cop  Then, call Attorney Mark Stevens @ 603.893.0074 (24/7) and Lawyer Up!