Legal Question in Criminal Law in Massachusetts

No definition of "intoxicating liquors" in Mass. Gen. Laws

Why shouldn't the absence of statutory definition of the term "intoxicating liquor" in Mass. Gen. Law raise major issues in OUI trials and appeals in the commmonwealth? Especially since the statute's text specifically states that the term must be understood "as defined" in a seperate section of M.G.L. Yet there is no mention at all of "intoxicating liquor" -- never mind a proper definition!


Asked on 8/15/99, 3:58 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: No definition of intoxicating liquor

Fascinating observation! But it'll likely get

you nowhere given that we have a high court that

chooses expediency over justice. See yesterday's (8/18) Fells Acre opinion.

A lawyer who used to take on the type of issue you suggest was

Thomas A. Wirtanen in Dracut. Whether Tom still has the stomach for it, only he can answer for sure. Give him a call. He's a good man.

Barbara C. Johnson

http://falseallegations.com

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Answered on 8/19/99, 3:26 pm
Alan Pransky Law Office of Alan J. Pransky

definition

Any liquor is intoxicating if it in fact is capable of subjecting a

person to its alcoholic influence. Commonwealth v. Bridges, 258 Mass.

572 (1934).

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Answered on 8/20/99, 8:27 pm


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