Framingham, MA Criminal Defense and Divorce Lawyer

Breath Test Machines

2012-02-21T11:41:00.000-08:00

The approved breath test machine in the Commonwealth of Massachusetts is the Alcotest 7110 MKIII-C breath test machine manufactured by Dräger Safety, Inc. This machine is a device that operates with complex mathematical formulas. Basically when someone blows into the machine the computer software that runs the machine has to sort out all the chemicals that are contained in the breath sample and apply equations to determine the alcohol level. If the machine determines that the breath sample contains .08 or greater alcohol content, then that person is considered by statute, subject to exceptions, to be under the influence. The machine must be both operating properly and operated properly to produce an accurate result. If the machine is not in the right environment(too hot, too cold, excessive humidity, etc.), it could produce an inaccurate result. Breath test results can be challenged. If you are charged with OUI, call Framingham attorney Michael J. Brothers at 888-873-1695 for a free consultation.

OUI Police Roadblocks

2011-12-09T12:07:00.000-08:00

It is the holiday season and we can expect to see police OUI/DWI police road in many Massachusetts cities and towns. Typically, the police will stop cars passing by a designated area and ask the driver a few questions. If they detect that the person may be under the influence by the way they speak or appear, or by the odor of alcohol coming from their breath, they may ask that person to leave the vehicle and ask more questions or have them do "field sobriety exercises/tests". If, in their opinion, (and it is an opinion, not a mathematical fact), that person may be charged witih OUI. While these roadblocks are allowed under Massachusetts law, the police must follow specific procedures when conducting them. If they fail to follow these procedures, then the evidence they obtain may not be admissible in a court of law. This means that the person charged with an OUI would have a potential defense. If you are charged with OUI, call Framingham attorney Michael J. Brothers at 888-873-1695 for a free consultation.

Alimony Reform

2011-11-28T12:44:00.000-08:00

Effective March 1, 2012, amendments to the Massachusetts Alimony Act will go into effect. One of the significant changes is that limits will be placed on the length of general term alimony (the periodic payment of support to a recipient spouse who is economically dependent) as follows:

If the length of the marriage is 5 years or less, general term alimony shall continue for not longer than one-half the number of months of the marriage.

If the length of the marriage is 10 years or less, but more than 5 years, general term alimony shall continue for not longer than 60 percent of the number of months of the marriage.

If the length of the marriage is 15 years or less, but more than 10 years, general term alimony shall continue for not longer than 70 percent of the number of months of the marriage.

If the length of the marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80 percent of the number of months of the marriage.

The court may order alimony for an indefinite lenth of time for marriages for which the length of the marriage was longer than 20 years.

Introduction

2011-11-19T15:24:00.000-08:00

I am an attorney in the Commonwealth of Massachusetts. I have been practicing law for over 14 years, and my main areas of practice are Criminal Defense and Family(Divorce) law. The purpose of this blog is to explore a variety of legal topics, including recent developments in the law.