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.

Glickman Turley's experienced attorneys represent individuals on a wide range of criminal matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

SJC report: Judge Shopping and OUIs

The Boston Globe reported that the Supreme Judicial Court (SJC) in Massachusetts appointed a special counsel to investigate whether "judges in district courts were acquitting drunk drivers at a rate about 20 percentage points higher than juries."

The investigation revealed that there are some courts in Massachusetts that "acquit nearly all of the drunken driving defendants who waive their right to a jury trial." Some judges had near 100 percent acquittals. The special counsel's report stated that juries acquitted OUI cases about 58 percent of the time and judges acquitted nearly 86 percent of the time. The article named Worcester County as one of the areas where judges tend to acquit drunken driving defendants who opt for a bench trial.

The law today allows drunken driving defendants "to avoid the penalty for refusing a breath test, a long license suspension, if they are later acquitted of drunken driving." The report by the special counsel proposed changing the current law. For more on this story, click here.

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

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.