Avoid Stress this Holiday Season.

This time of year we are brought together with people in places we are not used to.  Our behavior or that of those around us can change just because it is December.  Don’t be a part of the problem.  If you plan on being a part of holiday revelry either find a designated driver or be that person.  It’s such an old song isn’t it, but why subject yourself to years of inconvenience because of a holiday mistake?

And I know this may sound crazy right now, but don’t be a participant in road rage.  You may get caught in holiday traffic.  Turn up the radio and sing your favorite song.  Take a long, slow, deep breath, focus on nature around you.  Eat a snack if you are at a complete stop.  And always stay in your vehicle.

If you or a friend messes up this time of year help is a phone call away.  Massachusetts Criminal Defense Attorney Paul R. Moraski can be reached anytime by calling (978) 397-0011.  Don’t worry, no problem or situation is too insignificant for Attorney Moraski to address.  To see all of the areas of criminal law that he practices visit his website at www.northofbostonlaw.com.

The Ramifications of a DUI

If you are arrested for a DUI (Driving Under the Influence) or OUI (Operating Under the Influence) there are immediate ramifications.  Any and all of the following will apply in Massachusetts:

           

•           Field Sobriety Tests

•           Portable Breath Tests

•           24D Program

•           Probation Costs

•           Breath Test Machines

•           Court Fines

•           Sobrietor Machines

•           Minimum Mandatory Jail Sentences

•           License Suspension and Duration of Suspension

•           14 Day-in-Patient Treatment Program

•           Hardship License (Cinderella License)

The unexpected ramifications may be job termination, a suspended license hindering you from finding new employment, court appearances, even jail time.  It can even prohibit you from qualifying for housing and college admission.

Needless to say, being arrested for a DUI or OUI in the Commonwealth is a very serious situation.  You need a qualified and experienced lawyer in your corner to fight for your rights.  In Massachusetts that person is Attorney Paul R. Moraski.  Call him anytime day or night at (978) 397-0011 for aggressive representation.

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 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.

The Holiday Season Can Be a Dangerous Time of Year for Drivers and Pedestrians.

More than 700 people nationally are expected to be injured or killed each DAY between Thanksgiving and New Year’s Day in drunken driving crashes, a rate two to three times higher than the rest of the year, according to the centers of Disease Control and Prevention.

In many cases most of the deaths resulted from avoidable mistakes: running a red light, failing to wear a seat belt, speeding, drinking, or walking outside of crosswalks.

Regardless of whom is at fault in these holiday season catastrophes you need the best representation possible if you are accused in one of these types of accidents.  It can literally be the difference between freedom and incarceration in 2015 and beyond.

You may rely on the Law Office of Paul R. Moraski for aggressive representation against any criminal charge of which you may be accused.  This is already a stressful and difficult time.  Put your trust in Paul Moraski and give him a call at (978) 397-0011 to handle your case anywhere in the Commonwealth of Massachusetts.