Legal Question in Criminal Law in Massachusetts
OUI .08+ Judge/Jury ''must'' find guilty
I understand the new OUI law to read that if one submits to a breathalyzer test and scored .08 or above, a Judge/Jury ''must'' find that party guilty, independent of any other evidence presented at trial; including that which may satisfy the ''reasonable doubt'' standard.
Given this new parameter in the OUI law, how may one successfully refute the legality of a breathalyzer test?
How does an attorney ''challenge'' a breathalyzer test and how successful is he/she likely to be at having a breathalyzer test suppressed given the new law?
Thank you.
Asked on 12/10/03, 6:20 pm
1 Answer from Attorneys
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
Re: OUI .08+ Judge/Jury ''must'' find guilty
No. I am not sure where you go this information.
Answered on 12/10/03, 6:56 pm
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