Wednesday, December 5, 2012

Operating Under the Influence conviction reversed  

The Supreme Judicial Court affirmed that a Judge may not instruct a jury that a defendant in an OUI (Operating Under the Influence) charge does not have to take a breathalyzer test.   The jury instruction was ruled a violation of defendant's constitutional rights under the Fifth Amendment to the Constitution and the conviction was reversed.   (Commonwealth v. Gibson, November 29, 2012).


For representation on OUI charges, please contact Glickman Turley LLP at 617-399-7770.

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