Category: Breathalyzer Defense

Commonwealth v. Ananias: A Landmark Case Attorney Milligan Helped Win

The history of breathalyzer evidence in Massachusetts includes a landmark chapter that is worth understanding — and in which Attorney Milligan served as one of the lead counsel for the Defense. In Commonwealth v. Ananias, decided in 2017, a Massachusetts judge found that the Alcotest 9510 devices used in the Commonwealth had calibration and certification […]

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The Traffic Stop: Where Many Defenses Begin

Articles - OUI DUI Defense, Barnstable County DUI Lawyers, Breathalyzer Defense, Bristol County DUI Lawyers, Broockton Ma Legal Resources and Information FAQ, DUI Attorney Joseph J Higgins Blog, Essex County DUI Lawyers, Massachusetts Drunk Driving Attorneys, Middlesex County DUI Lawyers, Norfolk County DUI Lawyers, Plymouth County DUI Lawyers, Quincy Legal Resources and Information, Suffolk County DUI Lawyers, Worcester County DUI Lawyers / James Milligan

The stop itself is the foundation of every OUI case, and it is often the first place a defense attorney looks for vulnerabilities. In order for a traffic stop to be constitutional, the officer must have had a reasonable articulable suspicion that a traffic law was being violated or that criminal activity was occurring. This

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The Stages of a Massachusetts Criminal Case

Barnstable County DUI Lawyers, Breathalyzer Defense, Bristol County DUI Lawyers, Broockton Ma Legal Resources and Information FAQ, DUI Attorney Joseph J Higgins Blog, Essex County DUI Lawyers, Massachusetts Drunk Driving Attorneys, Massachusetts OUI News, Middlesex County DUI Lawyers, Norfolk County DUI Lawyers, Plymouth County DUI Lawyers, Quincy Legal Resources and Information, Suffolk County DUI Lawyers, Worcester County DUI Lawyers / James Milligan

Stage 1: The Clerk Magistrate’s Hearing (Show Cause Hearing) This is a stage that many people are unaware of — and missing it can be a costly mistake. When a citation for a misdemeanor is issued without an arrest, the person has a right to a show cause hearing before a clerk magistrate of the

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How Massachusetts Criminal Courts Work: A Plain-Language Guide for Defendants and Families

Articles - OUI DUI Defense, Barnstable County DUI Lawyers, Breathalyzer Defense, Bristol County DUI Lawyers, Broockton Ma Legal Resources and Information FAQ, DUI Attorney Joseph J Higgins Blog, Essex County DUI Lawyers, Massachusetts Drunk Driving Attorneys, Massachusetts OUI News, Middlesex County DUI Lawyers, Norfolk County DUI Lawyers, Plymouth County DUI Lawyers, Quincy Legal Resources and Information, Suffolk County DUI Lawyers, Worcester County DUI Lawyers / James Milligan

Walking into a Massachusetts courthouse for the first time can be a disorienting experience. The building itself tends to project a certain formality — marble floors, high ceilings, and the particular kind of quiet that settles over a place where serious things happen. There are clerks’ windows and waiting areas, metal detectors and court officers,

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False Positives: Why Breathalyzers Aren’t Always Right

Barnstable County DUI Lawyers, Breathalyzer Defense, Bristol County DUI Lawyers, Broockton Ma Legal Resources and Information FAQ, Essex County DUI Lawyers, Massachusetts Drunk Driving Attorneys, Middlesex County DUI Lawyers, Norfolk County DUI Lawyers, Plymouth County DUI Lawyers, Quincy Legal Resources and Information, Suffolk County DUI Lawyers, Worcester County DUI Lawyers / James Milligan

Most people assume breathalyzer results are foolproof scientific evidence. You blow into a machine, it spits out a number, and that number represents your actual blood alcohol content. Case closed, right? Not even close. Breathalyzers are mechanical devices operated by humans, and both the machines and the people using them make mistakes. Understanding how these

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Breath Test or Refusal? Understanding Your Impossible Choice

The moment a police officer asks you to take a breath test after an OUI stop, you’re facing an impossible decision with no good options. Whatever you choose has serious consequences that will affect the next several months or years of your life. The Refusal Route Refuse the breath test, and your license gets suspended

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Massachusetts OUI Breath Test Data in Question

Breathalyzer Defense, Massachusetts OUI News, OUI Defense Videos / James Milligan

Report Slams Massachusetts Agency for Holding Back OUI Data ““

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Possible Massachusetts DUI OUI Convictions Since 2011 Overturned

Articles - OUI DUI Defense, Breathalyzer Defense, Uncategorized / James Milligan

On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance. This investigation comes on the heels of allegations from Attorney Jay Milligan and

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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys

Articles - OUI DUI Defense, Breathalyzer Defense / James Milligan

A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with

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OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers

Articles - OUI DUI Defense, Breathalyzer Defense / James Milligan

OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol Testing

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