James Milligan

Does an OUI charge on my record affect owning a firearm or my right to carry?

Additional Information: I live in Worcester MA and was recently arrested for OUI.  If convicted will it affect my right to own a firearm or my right to carry? ATTORNEY ANSWER: Yes. Every applicant must pass a background check and an OUI may be a bar to obtaining a license to own/carry a firearm.

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Commonwealth v. D.G. – Lynn Drunk Driving Charges (2011) – Marblehead

Charge: Operating under the Influence of Alcohol Result: Dismissed Client was seen standing on a sidewalk next to a restaurant/bar fumbling with her purse and as she crossed the street the officer noted that she had a slight swagger.  Based upon these observation he made contact with the client as she entered her motor vehicle. 

Commonwealth v. D.G. – Lynn Drunk Driving Charges (2011) – Marblehead Read More »

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

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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

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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,

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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

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