Cahill Disposition For a 2nd OUI

The Cahill disposition arose from Commonwealth v. Cahill, 442 Mass. 127 (2004). Basically, you are charged with a second OUI offense then the court can assign the 24D program and then levy applicable penalties from the first OUI charge along with the 45-day loss of your driver’s license. The Massachusetts Registry of Motor Vehicles must uphold the disposition and under the Cahill decision, you can get your license back as long as you agree to have an ignition interlock installed … Continued

Pandemic Foreclosure and Mortgage Relief Options

Have you been impacted by COVID-19? In this article, we will explore foreclosure and mortgage relief options during the pandemic. As of February 1, 2021 many homeowners have been granted additional time to avoid foreclosure and seek forbearance because the deadlines were extended. The protections are available to homeowners with mortgages that have been backed by federal government agencies or government sponsored agencies like Freddie Mac or Fannie Mae. Forbearance Extensions A vast majority of homeowners now have the luxury … Continued

OUI License Penalties in Massachusetts

The state of Massachusetts has some of the most strict drunk driving / OUI penalties in the U.S. The penalties changed in 2005 with the passage of Melanie’s Law which focused on making the prosecution of repeat offenders easier and the penalties for OUI more severe. The law was named after Melanie Powell, a 13-year-old who was killed by a driver who had multiple OUI convictions. Massachusetts’ firm stance means that an OUI carries large fines, driver’s license suspension, and, … Continued

Child Endangerment OUI Arrest With A Minor In The Vehicle

In Massachusetts, drivers can be charged with a separate, enhanced penalty offense if caught operating a vehicle while under the influence of alcohol or drugs when a minor is in the car. The criminal charge for Child Endangerment While OUI is a serious matter that —if proven, will be a misdemeanor on your permanent record. In addition to the punishment upon conviction for the underlying OUI / DUI offense, having a child 14 years or younger in the vehicle will … Continued

Understanding Search and Seizure Law

One of the great things about this country is the right to privacy. To help preserve this right, the Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. The key word there is “unreasonable,” and legal disputes occur when law enforcement claims they had adequate reason to perform a search and the citizen claims otherwise. Understanding precedents where searches were deemed appropriate or not can help you in the event that you want to dispute a … Continued

5 Tips On What Not To Do At An OUI Checkpoint

Despite the obvious implications OUI checkpoints have in terms of a complete disregard for the Fourth Amendment of the U.S. Constitution, they are, nonetheless allowed in the commonwealth of Massachusetts. Until the Supreme Court re-evaluates its stand that checkpoints can be viewed as an undesirable but necessary public tool for combatting DUI incidents, they will remain in place. The smart thing to do is to understand what you should not do at an OUI checkpoint in Massachusetts. 1. Do not … Continued

What Constitutes a Violation of a MA 209A Restraining Order?

Updated: December 18, 2020 In Massachusetts, a 209A, also called a restraining order or an abuse protection order, is a civil action. If you have a 209A taken out against you, it will appear on your CORI or criminal record. A restraining order violation  is a crime, and you can be tried in court for a felony or misdemeanor offense and if found guilty, sentenced to jail and/or probation along with substantial fines. While it doesn’t take much to open … Continued