James Milligan

Commonwealth v. J.G. – Westboro OUI DWI (2011) – State Police

Charge:  Operating under the Influence of Alcohol Result:  Not Guilty Client encountered a State Police Sobriety checkpoint and was diverted from the flow of traffic in the “pit” or screening area.  A State Trooper conducted a series of Field Sobriety tests, but the only tests that were admitted at the trial were te walk and […]

Commonwealth v. J.G. – Westboro OUI DWI (2011) – State Police Read More »

In Massachusetts, what are ramifications of DUI/DWI/OUI conviction?

Additional Information: In Massachusetts, how would an DUI/DWI/OUI conviction affect me other then the criminal penalties and the license loss? ATTORNEY ANSWER: In Massachusetts, we have a lifetime lookback period. So any further issues with an OUI will result in an enhanced penalty. Further, there may be employment ramifications as far as current or future

In Massachusetts, what are ramifications of DUI/DWI/OUI conviction? Read More »

How does the prosecution prove that a person was drunk driving?

ATTORNEY ANSWER: Usually the government will prove that you were drunk driving through your driving behavior, performance on the so called “field sobriety tests” and a breath test if you submitted to one.  Often times the driving behavior is minor and the performance on the field tests are decent when viewed by an unbiased person,

How does the prosecution prove that a person was drunk driving? Read More »

The police pulled me over for DUI and they didn\’t read me my rights.

Additional Information: Can the police pull me over and then ask me questions about what I\’ve had to drink before reading me my rights?  This happened to me and I was charged with DUI, now I\’m wondering what I should do.  I\’d appreciate any legal advice. ATTORNEY ANSWER: The police have the right to conduct

The police pulled me over for DUI and they didn\’t read me my rights. Read More »

The police pulled me over for DUI and they didn\’t read me my rights.

Additional Information: Can the police pull me over and then ask me questions about what I\’ve had to drink before reading me my rights?  This happened to me and I was charged with DUI, now I\’m wondering what I should do.  I\’d appreciate any legal advice. ATTORNEY ANSWER: The police have the right to conduct

The police pulled me over for DUI and they didn\’t read me my rights. Read More »

Can I consult with a lawyer before taking a breathalyzer or other test?

Additional Information: After I have been stopped for driving under the influence, can I consult with a lawyer before deciding which chemical test to take? ATTORNEY ANSWER: You do not have the right to consult with a lawyer before you decide to take the chemical test.  In fact, you do not decide which type of

Can I consult with a lawyer before taking a breathalyzer or other test? Read More »

Commonwealth v. J.P. – Roxbury District Court (2011) – State Police

Charge: Operating under the Influence of Alcohol (2nd Offense) Result: Not Guilty Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on.  As a result the trooper stopped the client and made inquiry.  During initial contact the trooper observed the client to have an odor of alcohol, slurred speech

Commonwealth v. J.P. – Roxbury District Court (2011) – State Police Read More »