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October 2015 Archives

Signs that major drug sentencing reform is coming to Massachusetts

In recent years, there has been much national discussion about and debate over federal and state sentencing laws for non-violent offenders. The adoption of widespread mandatory minimum sentences for drug-related convictions is among the most controversial and problematic with regard to draining resources and contributing to overcrowding in prisons.

Operating Under Influence of Marijuana

The key to enforcement of the Operating Under The Influence Of Drugs (Marijuana) law is establishing the limits the amount of active THC - the element of pot that makes you high - in a driver's blood. Most states have set a maximum of five nanograms per millilitre of blood, which state officials believe is the equivalent of a blood alcohol level of .08. To enforce it officers need to order a blood test, which can be very controversial.The states have trained officers to look for signs of marijuana use on the road; distracted driving, light body tremors, different sized pupils, impaired motor skills and the smell of marijuana in the vehicle.

Should I refuse field sobriety tests?

If police stop you for suspected OUI/DUI, one question you may have is whether you should participate in field sobriety tests, including the one-leg-stand test, the walk-and-turn test as well as the test in which police instruct you to look straight ahead and follow a pen or finger with your eyes.

Police ask OUI suspect to exit car; he checks Facebook instead

Was there any reaction to your new profile pic? What time will Aunt Milly be dropping off the cookies? Are there new videos of cute kittens to watch? When is the meet-up at that new restaurant on Worcester's Shrewsbury Street? The questions people want answered by their Facebook feeds are endless. The social media website is an integral part of the lives of millions.

The harsh realities Massachusetts teens arrested for OUI face

According to the U.S. Department of Health and Human Services, when polled, 40 percent of Massachusetts high school students admitted to consuming at least one alcoholic drink within the last 30 days. While this number may seem high to unsuspecting parents, the fact is that many Massachusetts teens drink alcohol. In cases where a teen gets behind the wheel of a motor vehicle after consuming one or more alcoholic beverages and is subsequently stopped by a police officer, the laws and related penalties for underage drunk driving are unforgiving and harsh.

What police won't tell you during a drunk driving arrest

If police ever pull you over on suspicion of operating a vehicle while under the influence of alcohol (OUI/DUI), they will likely ask you to submit to a breath test. However, while police are required to inform you that a refusal of testing may result in the loss of your license for six months to life, the information they don't tell you is often just as important.

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October 2015 Archives | Worcester Criminal Defense Law Blog