James Milligan

If my license is suspended because of an OUI can I still drive to work?

ADDITIONAL INFORMATION: I was arrested for OUI and think I might lose my license. Does Massachusetts law allow me to continue to drive to work?  If so, how do I proceed? ATTORNEY ANSWER: If you have been charged with a First Offense OUI or a Second Offense OUI (Prior offense being outside of 10 years) […]

If my license is suspended because of an OUI can I still drive to work? Read More »

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet? Read More »

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that

Can I appeal the suspension of my driver\’s license, even though the trial for my Massachusetts OUI charge has not happened yet? Read More »

Commonwealth v. K.H. – Plymouth District Court (Plympton MA Police Department)

Charge:            OUI-First Offense Result:            Not Guilty Client stopped for speeding during a winter storm.   Plympton police Roadway was snow covered and slick strong odor eyes glassy and bloodshot admission to drinking  finger to nose exited vehicle slowly, one leg stand and walk and turn did not complete, refused BT. Trial snow conditions were an issue

Commonwealth v. K.H. – Plymouth District Court (Plympton MA Police Department) Read More »

Commonwealth v. S.Y. – Wrentham Distric Court (Norfolk MA Police Department)

Charge: OUI- First Offense Result: Not Guilty Client stopped for speeding 71 in a 50.  Pulled over with no problems.  Produced his license and registration with no problems.  Client admitted to consuming 8 beers, ut the officer did not ask over what time period he had consumed those beers.  Client asked to step from car

Commonwealth v. S.Y. – Wrentham Distric Court (Norfolk MA Police Department) Read More »

Commonwealth v. D.S. – Brighton District Court (Boston Police Department)

Charge: OUI-First Offense Result: Dismissed Client was involved in a motor vehicle accident after a vehicle came into her lane of travel forcing her to collide with a parked motor vehicle.  A concerned citizen assisted the client out of the motor vehicle and called the police.  When the police arrived the client was outside of

Commonwealth v. D.S. – Brighton District Court (Boston Police Department) Read More »

Attorney James Milligan: Very professional and responsive. Highly recommend.

After searching and speaking with 4 attorneys to handle my DUI case, Attorney James Milligan became the clear choice. In my first meeting with him, he carefully reviewed my case and went over all the potential options/outcomes and gave me an honest assessment of his opinion regarding the facts of my case. He laid out

Attorney James Milligan: Very professional and responsive. Highly recommend. Read More »

When will I lose my License as a result of refusing to submit to the Breath Test or as a result of failing the Breath Test (A reading of .08 or above)?

ATTORNEY ANSWER: The police department should have confiscated your Massachusetts Driver’s License. There are no longer temporary licenses issued. Your license is suspended immediately. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.

When will I lose my License as a result of refusing to submit to the Breath Test or as a result of failing the Breath Test (A reading of .08 or above)? Read More »

Commonwealth v. R.M. – Cambridge District Court

Charge:           OUI-First Offense Result:            Not Guilty Client was pulled over on Route 2 in Cambridge by a Massachusetts State Trooper for speeding.  The Trooper observed the client to show signs of being impaired by alcohol and as a result asked the client to exit his car.  The client refused to get out of his car

Commonwealth v. R.M. – Cambridge District Court Read More »