Product Description

Recent updates:

• Update: August 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 supplement to Trying OUI and Other Motor Vehicle Offenses in Massachusetts. The following are highlights of just some of the updates you will find in this supplement:

  • timely commentary on diversity, equity, and inclusion (see chapters 3, 4, and 6);

  • explanation of the elements and methods of proof for the offenses of possession of an open container in the passenger area of a motor vehicle and use of a cellphone that is not in hands-free mode while driving (see chapter 1);

  • a fresh approach to the technical issues that arise prior to and during the trial of an OUI case (see chapter 6);

  • new materials on expert testimony and toxicology screenings in OUI drug cases (see chapter 9); and

  • information on virtual hearing procedures before the Registry of Motor Vehicles (see chapter 12).

  We at MCLE hope you will find this updated publication to be a valuable resource in your practice and in keeping your library current. Thank you for your continued support.

  Very truly yours,

  Alexis J. LeBlanc, Esq., Publications Attorney

• Update: July 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 edition of Trying OUI and Other Motor Vehicle Offenses in Massachusetts.

  This 2020 edition brings together two popular MCLE books: Trying OUI Cases in Massachusetts and Massachusetts Motor Vehicle Offenses. This combined resource, co-edited by District Court Judges Andrew M. D’Angelo and James M. Sullivan, brings you

  • a greater breadth of information in one book for faster and more efficient research,

  • multiple perspectives—including that of the prosecuting attorney, the defense attorney, and the judge,

  • tips and strategies for zealous advocacy,

  • extensive new materials on civil motor vehicle infractions, and

  • helpful new reference charts on charts on common license suspensions.

  We at MCLE hope you will find this new title to be a valuable resource in your practice. Thank you for your continued support.

  Very truly yours,

  Alexis J. LeBlanc, Esq., Publications Attorney

Table of Contents

Chapter 1 expand

Common Criminal Motor Vehicle Offenses

Buy Chapter

James Michael Forsyth, Esq., Hampden District Attorney's Office, Commonwealth of Massachusetts
Hon. Janine Simonian, Chicopee District Court, Commonwealth of Massachusetts

Checklist 1.1

- Pretrial Preparation for Common Criminal Motor Vehicle Offenses Buy Form

Chapter 2 expand

Obtaining, Losing, and Seeking Reinstatement of Driver’s Licenses

Buy Chapter

Kevin M. Ryan, Esq., Law Offices of Kevin M. Ryan
Brian E. Simoneau, Esq.,

Exhibit 2A

- Schedule of Suspensions and Revocations Buy Form

Exhibit 2AA

- Sample Complaint for Judicial Review of Decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds Buy Form

Exhibit 2B

- Request for Driving Record and Request for Personal Information in RMV Records Buy Form

Exhibit 2BB

- Sample Civil Action Cover Sheet Buy Form

Exhibit 2C

- Sample Request for Suspension/Revocation Letter Buy Form

Exhibit 2CC

- Sample Trial Memorandum Buy Form

Exhibit 2D

- Supplemental Motor Vehicle Abstract Buy Form

Exhibit 2DD

- IID Violations and Sanctions Chart Buy Form

Exhibit 2E

- Surchargeable Events Buy Form

Exhibit 2EE

- 540 C.M.R. § 25.00: Certification, Installation, Use and Maintenance of Ignition Interlock Devices Buy Form

Exhibit 2F

- Registry Materials on License Suspension for Violation of Controlled Substance Statute: 540 C.M.R. § 20.03 Buy Form

Exhibit 2G

- Request for Medical Evaluation Buy Form

Exhibit 2H

- CJIS Forms Buy Form

Exhibit 2I

- 94C Drug Offense Hardship Approval Buy Form

Exhibit 2J

- HTO Hardship Approval Buy Form

Exhibit 2K

- Medical Evaluation Form Buy Form

Exhibit 2L

- Vision Screening Certificate Buy Form

Exhibit 2M

- Loss of Consciousness Evaluation Form Buy Form

Exhibit 2N

- Registry and Court Appeal Forms for Chemical Test Refusal/License Suspensions Buy Form

Exhibit 2O

- First Offense (24D) OUI Hardship License Criteria Buy Form

Exhibit 2P

- Multiple Offense OUI Hardship License Criteria Buy Form

Exhibit 2Q

- OUI Hardship Approval Requests Buy Form

Exhibit 2R

- RMV Suspension Hearing Application for Block Scheduling Buy Form

Exhibit 2S

- Notice of Appearance of Counsel Before the Registry of Motor Vehicles Buy Form

Exhibit 2T

- Default Removal Certificate Buy Form

Exhibit 2U

- Board of Appeal Form and Instruction Buy Form

Exhibit 2V

- Sample Memorandum to Board of Appeal on Motor Vehicle Liability Policies and Bonds Buy Form

Exhibit 2W

- Board of Appeal Notice of Appearance of Counsel Buy Form

Exhibit 2X

- Sample Finding and Order (Decision Affirmed) Buy Form

Exhibit 2Y

- Sample Motion for Reconsideration to Board of Appeal Buy Form

Exhibit 2Z

- Superior Court Standing Order No. 1-96 Buy Form

Chapter 3 expand

Initial Stages: Stop, Arrest, Booking, and Arraignment

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Katherine E. McMahon, Esq., Hampden County District Attorney's Office, Commonwealth of Massachusetts
Shane T. O'Sullivan, Esq., Suffolk District Attorney's Office, Commonwealth of Massachusetts

Checklist 3.1

- Threshold Inquiries at the Initial Stages of an Alleged Commission of a Motor Vehicle Offense Buy Form

Exhibit 3A

- Defendant’s Motion to Dismiss Complaint Due to G.L. c. 90C, § 2 Violation Buy Form

Exhibit 3B

- Affidavit in Support of Motion to Dismiss OUI Complaint Buy Form

Exhibit 3C

- Defendant’s Memorandum in Support of Motion to Dismiss OUI Complaint Buy Form

Exhibit 3D

- Defendant’s Motion to Suppress Evidence Unlawfully Seized from His Motor Vehicle and Person Buy Form

Exhibit 3E

- Affidavit in Support of Motion to Suppress Evidence Seized from Locked Trunk Buy Form

Exhibit 3F

- Defendant’s Motion to Dismiss for Failure of Police to Comply with G.L. c. 263, § 5A and G.L. c. 276, § 33A Buy Form

Exhibit 3G

- Defendant’s Motion to Suppress Custodial Statements Buy Form

Exhibit 3H

- Affidavit in Support of Motion to Suppress Statements Buy Form

Chapter 4 expand

Initial Client Meeting and First Steps with Your Defendant Client

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Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC

Chapter 5 expand

Evidentiary Issues

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Hon. Jason Y. Chan, District Court, Commonwealth of Massachusetts

Chapter 6 expand

Jury Session Technicalities

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Claudia Lagos, Esq., Scully and Lagos

Exhibit 6A

- Motion in Limine to Preclude Introduction of Results of Horizontal Gaze Nystagmus (HGN) Field Sobriety Test Buy Form

Exhibit 6B

- Motion in Limine to Preclude Introduction of Results of Portable Breathalyzer Test as a Field Sobriety Test Buy Form

Exhibit 6C

- Defendant’s Motion in Limine to Prohibit Introduction of Statements as to Defendant’s Refusal of Field Sobriety Tests Buy Form

Exhibit 6D

- Motion in Limine to Preclude Introduction of Defendant’s Statements to Police Buy Form

Exhibit 6E

- District Court Standing Order 1-18: Voir Dire Protocol Buy Form

Exhibit 6F

- Sample Voir Dire Motion Buy Form

Exhibit 6G

- Model Jury Instruction Regarding Roadside Assessments for Use in Prosecutions for Operating Under the Influence of Marijuana Buy Form

Exhibit 6H

- Sample Motion to Suppress Results of Breath Test Performed by Defendant Buy Form

Chapter 7 expand

The Prosecutor’s Case-in-Chief

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E Russell Eonas, Esq., Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Kristen Stone, Administrative Office of the District Court, Commonwealth of Massachusetts

Checklist 7.1

- Prosecutor’s Checklist of Elements/Areas of Testimony in an OUI Case Buy Form

Checklist 7.2

- Barbeau Checklist/Areas of Testimony Buy Form

Exhibit 7A

- Model Jury Instruction, Operating with a Blood Alcohol Level of .08% or Greater Buy Form

Exhibit 7B

- Model Jury Instruction, Operating Under the Influence of Intoxicating Liquor Buy Form

Exhibit 7C

- Model Jury Instruction, Operation of a Motor Vehicle Buy Form

Exhibit 7D

- Model Jury Instruction, Public Way Buy Form

Chapter 8 expand

Challenging the Prosecutor’s Case

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Hon. Jason Y. Chan, District Court, Commonwealth of Massachusetts

Exhibit 8A

- Sample Direct and Cross-Examination of Police Officer in an OUI Case Buy Form

Chapter 9 expand

The Defendant’s Case

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Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC
Erica M. Bruno, Esq., Law Offices of Joseph D. Bernard P.C.
Jennifer H. Diggles, Esq., Law Offices of Joseph D. Bernard, PC

Checklist 9.1

- Successfully Defending an OUI Case Buy Form

Checklist 9.2

- Expert Qualification—Establishing Expertise Buy Form

Exhibit 9A

- Ten Questions Frequently Asked by Clients Charged with OUI Buy Form

Exhibit 9B

- Model Jury Instruction 3.200, Operation of a Motor Vehicle Buy Form

Exhibit 9C

- Model Jury Instruction 3.280, Public Way Buy Form

Exhibit 9D

- Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater Buy Form

Exhibit 9E

- Model Jury Instruction 5.400, Operating Under the Influence of Drugs Buy Form

Exhibit 9F

- Motion in Limine to Exclude Horizontal Nystagmus Test Buy Form

Exhibit 9G

- Consolidated Motion to Suppress Warrantless Stop and Statements Buy Form

Exhibit 9H

- Motion to Inspect Evidence and Reports Buy Form

Exhibit 9I

- Motion in Limine to Exclude Breath Test Results Buy Form

Exhibit 9J

- Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30-31 (Mass. Dist. Ct., Boston Mun. Ct. Feb. 16, Buy Form

Exhibit 9K

- Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. Jan. 9, 2019) (Ananias II) Buy Form

Exhibit 9L

- Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. July 29, 2019) (Ananias III) Buy Form

Exhibit 9M

- Areas of Breathalyzer Expert Testimony Buy Form

Exhibit 9N

- Proposed Jury Instructions of Defendant Buy Form

Exhibit 9O

- Motion and Order for Return of License Following a Finding of Not Guilty Buy Form

Chapter 10 expand

The Prosecutor’s Challenge of the Defendant’s Case

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Margaret R.S. Krippendorf, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Exhibit 10A

- Sample Request for Certified Copy of Defendant’s Criminal Conviction Buy Form

Exhibit 10B

- Motion to Admit Prior Convictions Under G.L. c. 233, § 21 Buy Form

Chapter 11 expand

Jury Instructions, Closing Arguments, and Bifurcated Trials in OUI Cases

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Hon. William A. Rota, Administrative Office of the District Court, Commonwealth of Massachusetts

Chapter 12 expand

Sanctions and Penalties

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Neil A. Scannell, Esq., Registry of Motor Vehicles Division, MassDOT, Commonwealth of Massachusetts

Exhibit 12A

- Judicial Review of Suspension for Chemical Test Refusal Buy Form

Exhibit 12B

- RMV Notice of Appearance of Counsel Buy Form

Exhibit 12C

- Request for Personal Information in RMV Records Buy Form

Exhibit 12D

- RMV 24D (1st Offender Program) OUI Hardship License Criteria Buy Form

Exhibit 12E

- RMV Multiple Offense OUI Hardship License Criteria Buy Form

Exhibit 12F

- RMV Melanie’s Law Ignition / Interlock Device (IID) Program Information Buy Form

Exhibit 12G

- RMV Ignition Interlock Operator’s Affidavit Buy Form

Exhibit 12H

- RMV Ignition Interlock Operator’s Affidavit—Other Licensed Resident Buy Form

Exhibit 12I

- Board of Appeal on Motor Vehicle Liability & Bonds: Appeal of a Ruling/Decision of the Registrar of Motor Vehicles Buy Form

Chapter 13 expand

Posttrial Relief

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Hon. James M. Sullivan, Plymouth District Court, Commonwealth of Massachusetts

Exhibit 13A

- Defendant’s Motion for Restoration of Driver’s License Buy Form

Exhibit 13B

- Findings of Fact for Restoration of Driver’s License Buy Form

Exhibit 13C

- Order of Restoration of Driver’s License Buy Form

Exhibit 13D

- Generic Motion for Required Finding of Not Guilty Buy Form

Exhibit 13E

- Detailed Motion for Required Finding of Not Guilty Buy Form

Exhibit 13F

- Renewed Motion for Required Finding After Discharge of Jury Buy Form

Exhibit 13G

- Motion for Revision and/or Revocation of Sentence Buy Form

Exhibit 13H

- Motion for a New Trial Pursuant to Mass. R. Crim. P. 30 Buy Form

Exhibit 13I

- Motion for a New Trial (Inadequate Plea Colloquy) Buy Form

Chapter 14 expand

Civil Motor Vehicle Infractions

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Kimberly M. Foster, Esq., Somerville District Court, Commonwealth of Massachusetts

Exhibit 14A

- Notice of Magistrate’s Hearing for Civil Motor Vehicle Infraction Buy Form

Exhibit 14B

- Motion for Inspection of Documents and Production of Records and Draft Order Buy Form

Exhibit 14C

- Judgment by Magistrate for Civil Motor Vehicle Infraction Buy Form

Exhibit 14D

- District Court Administrative Regulation 2-06: Guidelines for Civil Motor Vehicle Infraction Hearings Buy Form

Exhibit 14E

- District Court Administrative Regulation 2-86: Table of Citable Motor Vehicle Offenses with a Schedule of Assessments (Updated January 14, 2022) Buy Form

Exhibit 14F

- Notice of Video or Telephone Civil Motor Vehicle Infraction Hearing Buy Form

Exhibit 14G

- Video or Telephone Conference Line Instructions for Civil Motor Vehicle Infraction Hearing Buy Form

Exhibit 14H

- Trial Court Guide to Remote Hearings Buy Form

Exhibit 14I

- Judgment by Magistrate for Civil Motor Vehicle Infraction – Virtual Hearing Buy Form

Appendix

Breathalyzer, Blood Alcohol, and Field Sobriety Tests Resources

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Appendix A

- 501 C.M.R. § 2.00: Safe Roads Buy Form

Appendix B

- Massachusetts Office of Alcohol Testing, Approved Breath Testing Instruments Buy Form

Appendix C

- Example Infrared Breath Test Operator Training Slides Buy Form

Appendix D

- Product Information and Diagram for Dräger Alcotest® 9510 Buy Form

Appendix E

- Massachusetts Drug Recognition Expert Association: Cumulative Drug Symptomatology Matrix Buy Form

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