Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her
The Defendant was charged with OUI-Liquor OR .08%. At the time of the incident, the defendant was a municipal employee operating a town vehicle. He was involved in a single vehicle accident at 1:40 a.m. while he was on-call in the municipal truck. The truck he was operating crashed into the Jersey barriers on a major highway, causing serious damage to the vehicle. The plow hitch on the front of the truck was wedged between
This case involved competing Guardianship petitions of a 2 ½ year old boy brought by the maternal and paternal grandmothers. It was alleged by our client, the maternal grandmother, that the child’s parents were unfit because of drug use and neglect and that the paternal side of the family was unfit because of drug and alcohol issues and their inability to supervise the child’s Father. The Paternal grandmother accused the maternal grandmother of abuse of
In this matter the client, the Plaintiff, alleged that his car had been stolen and involved in an accident on New Years day. The insurance company denied my client’s claim because when the motor vehicle was recovered the ignition had not been defeated nor were there any other signs of theft. My client initially gave a recorded statement in which he indicated that he did not know who took the vehicle but months later during
19 year old client was arrested after travelling the wrong way on a one way street in Worcester. Officers removed him from the vehicle and asked him to perform field sobriety tests. Due to failing the tests and admitting to consuming pills, he was charged with OUI-Drugs among other motor vehicle charges. After attacking the credibility of the evidence and the credentials of the proposed drug expert, we were able to get the charge of
Client was driving with three minor children in her vehicle, two of which were her own children and also our clients, when another vehicle crossed the double line and hit her head on. The other driver was cited and charged criminally. Our clients sustained significant injuries and we were able to settle without court intervention for the full Bodily Injury and Underinsured policy limits.
A 19 year old client was travelling on Route 9 in Shrewsbury, at about midnight, when he encountered a State Police Roadblock (aka “Sobriety Checkpoint”). The police report indicated that the client had both an odor of alcohol and that he admitted to consuming alcohol that night. Our client was asked to step from his vehicle and perform field sobriety tests which the police said he failed. He was arrested for OUI and brought to
Client was thrown off the back of a motorcycle while on a major highway near Worcester. The driver was operating the motorcycle recklessly, negligently and was further engaging in high risk behavior while passing another car that was driven by his friend travelling next to him on the highway. Our client sustained numerous, serious injuries which kept her in the hospital for over 1 month. Our client’s permanent injuries included scarring, disfigurement, loss of function
Client was arrested and charged with a 4th Offense OUI, along with other counts, after being stopped by police at 1:00am and failing field sobriety tests. He was transported to the station where he was booked and took a breathalyzer with a result of .14 BAC which is almost double the legal limit. Client faced a prison term of up to 2 ½ years in the House of Correction as well as a lengthy loss
Client was employed in the nursing field and she was leaving her residence at a condominium complex one winter morning. Upon arriving at her car she slipped and fell on the driveway which was not properly treated. Our client fractured her wrist and was caused to undergo multiple surgeries, physical therapy and missed time at work. We brought suit against the condominium trust as well as the contractor responsible for the snow removal. After discovery
Our client was approached by Troopers from the Massachusetts State Police after an argument with her ex-husband. Troopers stated she had an odor of alcohol, bloodshot and glassy eyes and failed multiple field sobriety tests. After being arrested, our client took the breath test and registered a .13 BAC. At a motion hearing, we were able to get the field sobriety tests and breath test excluded as well as all statements by our client. As
Contempt is a tool used by Probate and Family Courts to enforce parties to comply with court orders. This gives the court power to enforce judgments provided during divorce and custody proceedings. Someone who violates or disobeys a court order risks being held in contempt by the court. This includes failing to pay alimony or child support or refusal to comply with a parenting schedule ordered by the court. There are two types of contempt,
Despite advancing technology in auto safety, millions of car accidents still result in injury. If you’re involved in an automobile accident in Massachusetts, there are several steps to protect your rights and maximize your payout. Knowing how to navigate an experience resulting in a personal injury or property damage can go a long way in helping you recoup medical bills, lost wages, and pain and suffering damages. To help you prepare, here are five tips
Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps
A father petitioning for paternity needs to have a full understanding of the legal process. Fathers who are unmarried in the Commonwealth of Massachusetts can establish paternity in two ways. The first route is a voluntary process that utilizes a form known as a Voluntary Acknowledgement of Parentage. This is a document signed by both the child’s mother and father, confirming the singing male is the legal father. This form is typically presented to the
Child Support and Out-of-State Issues Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement. Changing Circumstances, Modifying Orders In Massachusetts, child support is governed either
Divorce takes a toll emotionally, physically, and mentally on everyone involved. It’s not uncommon for individuals going through a divorce to want to curl up in bed all day and abandon all responsibilities. As tempting as this sounds, it’s not practical. In fact, doing so can even make things worse. The first step to landing on your feet after divorce is finding acceptance. Just because you’re making the right decision to split up with your
Etymology In Latin, “remittitur” comes from the verb “remittere,” meaning “to send (something) back.” It is from this same Latin verb that English gets the words “to remit” (as in canceling something such as a debt) and “remittance” (something ‘sent back,’ especially the money that immigrants send to family members still living in the countries in which they were born). In Personal Injury Cases In personal injury cases tried before a jury, a remittitur is
Slow Re-Open With COVID-19 still posing a serious risk to health and safety, the courts, like the rest of our society, continue to adapt their procedures to minimize the risk to court workers and private citizens. The Probate and Family Court is no exception and is adhering to the same general guidelines as the rest of the court system. What Is Open? Beginning July 13, Massachusetts courts, including the Probate and Family Court, allowed some
Routine Traffic Stops? No Such Thing Most of us who drive will at some point be pulled over by police for a traffic stop. It is so common that many people know what to do from a young age, perhaps listening to a pulled-over parent walk through the steps from the backseat or in a more formal lecture from mom or dad, auntie or grandpa. In driver’s ed, traffic stops are a covered topic, maybe
