Massachusetts DA Halts the Use of Breathalyzer Tests Following Machine Malfunction.

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-determined range.  There are currently numerous other Counties besides Essex County that have also halted the use of Breathalyzer Results.  These results are not currently being used in prosecutions in OUI Cases for the time being.  Oftentimes, Breath Test Results are the strongest part of the prosecution’s case in an OUI Case.  In Massachusetts, when someone blows a .08 or greater, they are presumed to be impaired according to statute.  This can be overcome by pointing out through experts and cross examination that the Breath Test Machine is subject to errors  and clearly fallible (which is certainly shown by these problems that have been detected), but it is an uphill battle. 

Additionally, when police officers make an OUI arrest they write their police report after the fact.  Police Officers know that when they make an OUI Arrest that getting the person that they just arrested to take the Breath Test is strong evidence of impairment, if that person blows over a .08.  So, typically the Police Officer’s report is not so one sided when they have an arrestee records a Breathalyzer Result .08 or greater.  You have to remember that the Officer’s Police Report is not an objective report of what happened, but rather a post-arrest recitation of facts that supports the Officer’s arrest and later on hopefully a conviction.  Police Officers bank on that if they write enough buzzwords in their police report that you are impaired that you will just plead Guilty, and not take the case to Trial.  Courts are usually very happy with that outcome too, because Trials take time, and it is more efficient and a much bigger money maker for the Commonwealth of Massachusetts if they can put you on probation, make you take alcohol education classes that cost money and make you pay Court Fees and Statutory Fines.  So, when Police Officers think they have a strong piece of evidence such as the Breath Test to use against you, they do not exaggerate as much in their police reports, and that way when they are called to testify and they just simply regurgitate what’s in their police report (absence the Breath Test), your case becomes even more winnable at Trial.

So, if you or someone you know has been arrested for an OUI in recent months it is imperative that you contact me Attorney Paul Moraski at my cell phone at (978) 397-0011.  I can give you a free phone consultation and discuss with you what your options are and how best to pursue your case given the most recent developments.  Even if you have recently been found Guilty at Trial or resolved your case by pleading Guilty or Receiving a Continuation Without a Finding (CWOF), a Motion for a New Trial can be filed. 

What To Do If You Are Falsely Accused of a Crime in Massachusetts.

So many people in this country are falsely accused of crimes.  Your reputation may be tarnished forever if you do not fight back aggressively.  In particular a false accusation of a sex crime could boil down to one person’s word against yours.  They may have an ax to grind and you are caught in the middle of controversy.

In many cases a prosecutor may proceed with a sex crime case against you without what you would consider the normal “bare minimum” to build a case.  There may be NO DNA, NO video evidence, NO fingerprints, and most of all NO eye-witness testimony.  The alleged victim may be motivated by any number of selfish issues from a relationship gone bad.  And there you are caught in the middle of the storm completely innocent of any crime.

You must tackle this issue head-on using a professional attorney who has handled many cases of false accusation.  That person in the Commonwealth of Massachusetts is Attorney Paul Moraski.  He is well-versed in how to handle a false accusation when it seems like the world is crashing down around you.  Give attorney Moraski a call today at (978) 397-0011 for a free phone consultation.

When One Terrible Mistake Changes Your Life.

Life is full of bad decisions.  Even really good people make mistakes.  Some of those mistakes may change your life forever.  Recently in Massachusetts a man was charged with home invasion, assault and battery, and malicious destruction of property when he allegedly invaded an Orleans Massachusetts home wielding an ax.

Many people who have led otherwise “straight and narrow” lives have events occur that can result in serious criminal charges.  Maybe it is an act of violence, or sexual misconduct, or driving while under the influence.  There is only one way to be perfect in your behavior and dozens of ways to alter your life for the worst.

If you or someone you love has made a mistake you need to do everything possible to rectify the situation.  A criminal charge is a life-changer, but it does not have to be a life-ender.  Please contact Attorney Paul Moraski to discuss your criminal case at (978) 744-1200 or visit his office on the web at www.northofbostonlaw.com.

A Misdemeanor Charge Can Haunt You for the Rest of Your Life.

Let’s say that you have a misdemeanor charge on your record.  Just because it is not a felony doesn’t mean it will not be harmful to your future.  Most crimes come with direct and indirect consequences.  A misdemeanor charge in Massachusetts on your record can be a detriment when trying to obtain housing, employment and citizenship. It can lead to deportation if you aren't a natural citizen. 

Direct Consequences

Direct consequences of misdemeanor charges are those imposed by the judge as a result of your being found guilty of a crime. These punishments are significantly lower than for felonies, but they are not necessarily insignificant—they can easily take you away from friends and family for an extended period of time and deplete your finances.

• Jail: Especially for multiple misdemeanor offenses, it is possible to spend up to a year or more in jail.

• Fines: Misdemeanor crimes are eligible for fines as well.

• Mandatory classes: You may be required to complete an alcohol or drug abuse program for some offenses.

Other possible sentences, such as community service or court supervision, can also severely restrict your freedom while you are subject to them.

No matter what the consequences you may be facing, indirect or direct, you must get ahead of the situation with aggressive representation.  In the Commonwealth of Massachusetts Attorney Paul Moraski is on your team.  Call him immediately at (978) 744-1200 or visit his website at www.northofbostonlaw.com.

What is the Difference Between OUI and DWI?

Across the nation, drunk driving laws are aimed to curtail impaired driving and save lives.  It turns out Massachusetts uses the OUI standard and the biggest distinction is that a driver may be charged if the keys are in the ignition, even if the operator pulled off the road to sleep off a bottle of Jack Daniels. In states with DWI laws, this same impaired operator may not be charged if he or she pulled off the road.

Where did these stricter laws come from?

Impaired driving laws save lives and efforts to curtail repeat offenders were bolstered with the enactment of Melanie’s Law in 2005. The statute is named after thirteen year old Melanie Powell of Marshfield who was killed in an accident caused by a repeat offender in 2003. Melanie’s Law strengthens the penalties for repeat drunk drivers. Statistics show that the roads have become safer under Melanie’s Law- 3500 Massachusetts drivers with a history of driving drunk are unable to start their cars today without first blowing a clean, sober breath into a tube to unlock their ignition.

It is important not to run from your responsibility.  It will follow you for the rest of your life.  You need to contact an attorney immediately.  If you don’t then you will risk serving jail time and piling up increasingly higher fines.  Do not take this lightly…tackle the situation head-on.

If you have been arrested for a DUI or OUI in the Commonwealth, contact Massachusetts Criminal Defense Attorney Paul R . Moraski at (978) 744-1200 immediately for a free phone consultation.

What If I Take Out a Credit Card in a Relative’s Name Without Their Permission?

Taking out a credit account in someone else’s name without permission amounts to identity theft, and you can indeed be arrested for fraud for doing that. As a general rule, if you've taken out a credit card in a close relative’s name, what happens next is based on their response.  If you rack up big debts in your relative's name and can’t pay them off, the delinquencies will go on their credit record unless they pay off the balance or take action to reveal that you’re the culprit.

These crimes are treated as serious offenses by Law Enforcement Officers and Prosecutors.  With the help of modern technology, Law Enforcement Officers have gotten better at tracking these cases, which makes it harder to evade the law when charged with these crimes.

Because a close relative is involved it becomes even more complicated.  Attorney Paul Moraski has years of experience defending good people who have made a mistake and have been charged with check or credit card fraud.  Contact Massachusetts criminal attorney Paul Moraski at (978) 397-0011, or visit his website at www.northofbostonlaw.com to find out more about check and credit card fraud.

Our Crime Labs are in a State of Crisis.

You are probably one of those TV viewers who see their favorite investigators succeed consistently at solving crimes and bringing guilty parties to justice.  The truth is America’s crime labs are fraught with improperly hired personnel, poor training, oversight, and massive underfunding and backlogs.

Investigators have discovered that tampering with and even the theft of drug evidence is an ongoing problem.  One technician even used the wrong chemical to conduct methamphetamine tests.  A state crime lab chemist in Amherst was sentenced to two and a half years in prison for stealing drug evidence and tampering with samples to hide her theft.

Many of you are aware of Annie Dookhan.  She was the chemist in a state crime lab in Boston who was once considered a star.  Now it has come to pass that more than 600 convicted felons have been released or had convictions erased or set aside because of her improper testing over a nine year period.

The facts are you need to hire the best possible criminal attorney in the Commonwealth of Massachusetts if you have been accused of a drug crime.  Paul R. Moraski is a 24/7 criminal defense attorney who concentrates exclusively in the field.  Call him today at (978) 397-0011 to find out more about this tireless defender of your rights.