Product Description

Recent updates:

• Update: April 2025

  Dear Subscriber:

  Thank you for choosing to keep your copy of Trying OUI and Other Motor Vehicle Offenses in Massachusetts for 2025 with this second edition. Inside, you will find new material on such topics as the following:

  • Immediate threat revocations. See chapter 2 for discussion of the registry's imposition of indefinite immediate threat suspensions. There is commentary on whether District Court judges possess authority to or-der the registry to terminate such suspensions.

  • Extraterritorial pursuit. See chapter 3 for discussion of the collective knowledge doctrine, where an officer may make an arrest based on shared observations of other officers. The chapter offers a 2023 case de-cision announcing a new rule for the horizontal collective knowledge doctrine.

  • Actions to take at the outset of representation. Chapter 4 provides highly practical and detailed guidance for instances where a client charged with OUI drugs was not properly advised of their rights. An exhibit in this chapter offers a sample motion and affidavit to preserve a defendant's rights, along with practice tips on whether to file a motion to dismiss based on a failure to have so advised the defendant.

  • OUI related to alcohol or drugs. Chapter 6 offers several recent Supreme Judicial Court and Appeals Court case decisions.

  • "Operation" of a vehicle. Chapter 7 contains information on the mechanical or electrical operation of a vehicle and offers a 2025 case addressing a jury's reasonable inference regarding operation based on the engagement of electronic devices within the vehicle.

  We at MCLE trust that you will find this 2025 edition to be useful in your law practice and valuable in maintaining the currency of your law library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

How to Assist Tenants Denied Housing Related to CORI

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, Community Legal Aid / Hampshire County

Exhibit 1A

- Sample CORI Advocacy Memorandum (Drugs) Buy Form

Exhibit 1B

- Sample CORI Advocacy Memorandum (Violence) Buy Form

Exhibit 1C

- Sample CORI Advocacy Memorandum (Reasonable Accommodation Request) Buy Form

Chapter 2 expand

Motor Vehicle Issues Related to Drug, OUI, and Other Criminal Cases

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

Exhibit 2A

- Request for Driving History Buy Form

Exhibit 2B

- Request for Personal Information in RMV Records Buy Form

Exhibit 2C

- 24D Hardship Criteria Buy Form

Exhibit 2D

- List of OUI Programs Buy Form

Chapter 3 expand

Employment

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Patricia A. Washienko, Esq., Washienko Law Group LLC
Allison L. Williard, Esq., Washienko Law Group LLC

Chapter 4 expand

Sex Offender Registry and Notification

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Mimi N. Wong, Esq., Commenwealth of Massachusetts, Sex Offender Registry Board

Exhibit 4A

- Chart of Thirty Sex Offenses Buy Form

Exhibit 4B

- SORB Classification Worksheet Buy Form

Exhibit 4C

- Request for Sex Offender Registry Information Form Buy Form

Chapter 5 expand

DNA Registry

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Susanne Reardon, Esq., MA Attorney General's Office
Matthew J. Tuttle, Esq.,

Chapter 6 expand

Sexually Dangerous Persons/Civil Commitment

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Ellyn H. Lazar, Esq., Worcester District Attorney's Office, Commonwealth of Massachusetts

Chapter 7 expand

Firearm Licensing

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Julie M. Tolek, Esq., Dilworth IP

Chapter 8 expand

Consequences of Criminal Convictions for the Noncitizen

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Jennifer Klein, Esq., Committee for Public Counsel Services

Chapter 9 expand

License to Practice Law

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Richard C. Abati, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 10 expand

Judges and Clerk-Magistrates

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Lynn S. Muster, Esq., New England Law

Chapter 11 expand

Licensing of Physicians

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Sean E. Capplis, Esq., Capplis, Connors & Carroll, PC
Sandra P. Wysocki Capplis, Esq., Capplis, Connors & Carroll, PC

Exhibit 11A

- Federal Health Care Exclusion Notice Buy Form

Exhibit 11B

- OIG Program Exclusion Authorities Buy Form

Chapter 12 expand

Other Occupational Licenses

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Christopher N. Carroll, Esq.,
George K. Weber, Esq., Northeast Legal Aid/Lawrence

Exhibit 12A

- Licensing Boards: Guide to Authorities Buy Form

Exhibit 12B

- Disciplinary Terms and Outcomes Used at the Division Buy Form

Chapter 13 expand

Insurance Coverage

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Owen P. McGowan, Esq., McGowan & Associates

Chapter 14 expand

Federal Sentencing Enhancements

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Aliza H. Bloom,

Chapter 15 expand

Massachusetts State Sentencing Enhancements

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Tracy A. Miner, Esq., Miner Siddall, LLP

Chapter 16 expand

Pardons and Commutations

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Afton M. Templin, Esq., Committee for Public Counsel Services, Youth Advocacy Division
Mara Voukydis, Esq., Committee for Public Counsel Services, Youth Advocacy Division

Exhibit 16A

- Relevant Executive Clemency Statutes Buy Form

Exhibit 16B

- Executive Clemency Regulations Buy Form

Exhibit 16C

- Governor’s Executive Clemency Guidelines Buy Form

Exhibit 16D

- Petition for Pardon Relief Buy Form

Exhibit 16E

- Petition for Commutation Buy Form

Chapter 17 expand

Postconviction Relief: Motion to Revise and Revoke, Motion for New Trial/Vacate Plea, and Motion for Required Finding of Not Guilty

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Exhibit 17A

- Sample Motion to Vacate Convictions Buy Form

Exhibit 17B

- Sample Motion to Revise and Revoke Buy Form

Chapter 18 expand

Public Employee Retirement Benefits

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Hon. Melinda E. Troy, Division of Administrative Law Appeals, Commonwealth of Massachusetts

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