Defense Issues in OUI / DUI Cases

In a recent unpublished decision, the Massachusetts Appeals Court reversed the conviction of a man who was found guilty of Operating Under the Influence of Alcohol because his lawyer failed to introduce to the jury evidence that he had an attention deficit disorder and a learning disability.  The Appeals Court agreed that his lawyer failing to introduce this evidence in…

The Massachusetts Supreme Judicial Court recently decided a case where the defendant, charged with Operating Under the Influence of Alcohol, consumed alcohol but had also taken prescribed anti-depressant medication; and that she did not know that taking alcohol along with consuming her medication could result in any side effects, such as impairment. The issue on appeal was whether the trial…