Legal Question in Traffic Law in Massachusetts

driving under the Influence
If there are no specific elements as to what constitutes ''intoxication'' while driving a motor vehicle, under a statute or ligislative authority, how can a magistrate make a finding of ''probable cause'' that a crime was, is, or about to be committed if there are no facts (elements) in the statute that define what is a crime of being intoxicated? and if the magistrate makes such groundless finding, does this constitute a violation of due process under the U.S. Constitution and of the State of Mass.?

Asked on 4/10/08, 10:04 pm

Christopher Vaughn-Martel Charles River Law Partners, LLC

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Re: driving under the Influence

Every crime has elements, specific or not, which are then fleshed out in the relevant case law.

I suggest that you hire an attorney. I have a colleague who specializes in OUI/drunk driving cases. Please feel free to give me a call.

Answered on 4/11/08, 9:22 am

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