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Massachusetts Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Massachusetts or Court of Appeals of Massachusetts where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Commonwealth v. Shellenberger - 7/20/2005
Berkshire. February 15, 2005. Present: Beck, Berry, & Mills, JJ. Motor Vehicle, Homicide. Evidence, Medical record, Opinion. Practice, Criminal, Instructions to jury. Controlled Substances. Complaint...

Commonwealth v. Kneram - 4/29/2005
Essex. December 15, 2004 Alcoholic Liquors. Statute, Construction. Practice, Criminal, Post-conviction relief. Complaint received and sworn to in the Newburyport Division of the District Court Department on January...

Delaney v. Reynolds - 4/14/2005
Worcester. April 2, 2004 Negligence, Causation, Foreseeability of harm. Proximate Cause. Practice, Civil, Summary judgment. Civil action commenced in the Superior Court Department on May 14, 2001. The case was...

Commonwealth v. Pileeki - 11/29/2004
Barnstable. December 1, 2003 Evidence, Voluntariness of statement, Admissions and confessions. Practice, Criminal, Voluntariness of statement, Instructions to jury, Duplicative convictions. Indictments found and...

Stockman v. Board of Appeal on Motor Vehicle Liability Policies - 9/30/2004
Hampshire. September 15, 2003. Registrar of Motor Vehicles, Revocation of license to operate. Motor Vehicle, Operating under the influence, Homicide. Homicide. Civil action commenced in the Superior Court Department...

Stockman v. Board of Appeal on Motor Vehicle Liability Policies and Bonds - 9/30/2004
The plaintiff, Ty Stockman, was convicted in 1990 of operating a motor vehicle while intoxicated. See G.L. c. 90, § 24(1)(a)(1). Subsequently he was prosecuted for an *160 accident that occurred in February, 1992, wherein one Shannon...

Com. v. Flaherty - 9/7/2004
A Superior Court jury convicted the defendant of operating under the influence, fourth offense, *777 G.L. c. 90, § 24. [FN1] The **400 main issue on appeal is the propriety of using a New Hampshire "conviction" as one of the prior...

Commonwealth v. Flaherty - 9/7/2004
Essex. June 2, 2004. Motor Vehicle, Operating under the influence. Evidence, Police report, Intoxication, Medical record, Exculpatory. Practice, Criminal, Prior conviction. Intoxication. Indictment found and returned...

Commonwealth v. Mandell - 7/20/2004
Suffolk. November 3, 2003. Motor Vehicle, Operating under the influence. Narcotic Drugs. Constitutional Law, Narcotic drugs, Blood test, Equal protection of laws. Due Process of Law, Access to evidence. Complaint...

Com. v. Mandell - 7/20/2004
On a motion to dismiss a complaint charging him with operating a motor vehicle while under the influence of marijuana, G.L. c. 90, § 24, the defendant argued that he should have been advised by the police that he had a right to an...

Com. v. Cahill - 6/24/2004
The defendant appeals from a sentence revoking his driver's license for two years after he pleaded guilty in the District Court to a second offense of operating while under the influence of liquor. See G.L. c. 90, § 24. He argues that,...

Commonwealth v. Cahill - 6/24/2004
Essex. May 4, 2004. Motor Vehicle, Operating under the influence. Practice, Criminal, Sentence. Statute, Construction. Complaint received and sworn to in the Haverhill Division of the District Court Department on...

Com. v. Quinn - 6/18/2004
A District Court jury convicted the defendant, Brian Quinn, of operating while under the influence of alcohol, G.L. c. 90, § 24. [FN1] The defendant claims that the judge should have allowed his motion for a required finding of not guilty,...

Com. v. Cooper - 5/19/2004
The defendant was convicted of operating his vehicle while under the influence of intoxicating liquor in violation of G.L. c. 90, § 24(1)(a)(1). At trial, the defendant, who admitted to consuming three alcoholic beverages before his...

Commonwealth v. Lopes - 1/22/2004
Barnstable. December 5, 2003 Jury and Jurors. Practice, Criminal, Empanelment of jury, Voir dire, Instructions to jury, Capital case. Homicide. Self-Defense. A jury in the Superior Court convicted the defendant of...

Com. v. Hardin - 1/12/2004
We address the defendant's arguments on appeal as follows: I. Limits on cross-examination regarding bias. At the time of the robbery, McClung was on probation for driving under the influence. He was not facing any revocation of that...

Com. v. Abbott - 12/31/2003
The defendant was convicted of motor vehicle homicide while operating a motor vehicle under the influence of intoxicating liquor and negligently. [FN1] FN1. The defendant was also convicted of motor vehicle homicide while operating...

Com. v. Harty - 12/16/2003
The defendant was convicted by a District Court jury of operating a motor vehicle while intoxicated and negligent operation of a motor vehicle. Subsequently, in jury-waived proceedings, the defendant pleaded guilty to operating a motor...

Com. v. Bocchino - 10/21/2003
This is another case where police sloppiness in complying with G.L. c. 90C, § 2, gives rise to the claim that the complaint against the defendant should be dismissed and that his conviction of driving under the influence of alcohol should...

Commonwealth v. Yancy - 10/21/2003
Essex. September 8, 2003 Homicide. Intent. Mental Impairment. Intoxication. Evidence, Intent, Intoxication. Constitutional Law, Assistance of counsel. Practice, Criminal, Capital case, Assistance of counsel, Instructions to...

Com. v. Rollins - 9/12/2003
On appeal from his conviction of operating a motor vehicle while under the *912 influence of alcohol, [FN1] the defendant challenges both the denial of his motion for a required finding of not guilty and the giving of a missing witness...

Commonwealth v. Kiss - 9/9/2003
Essex. June 3, 2003. Motor Vehicle, Operating under the influence. Statute, Construction. Public Policy. Complaint received and sworn to in the Lawrence Division of the District Court Department on December 18, 2000. ...

Commonwealth v. Johnson - 9/4/2003
Evidence, Hospital record, Hearsay, Scientific test, Learned treatise, Medical record, Judicial notice. Controlled Substances. Motor Vehicle, Operating under the influence. Bristol. May 13, 2003. Complaint received...

Commonwealth v. Lafleur - 7/14/2003
Plymouth. May 7, 2003 Practice, Criminal, Motion to suppress, Admissions and confessions. Constitutional Law, Admissions and confessions. The defendant sought to suppress statements he made to a police officer while...

Commonwealth v. Furr - 5/16/2003
Suffolk. December 19, 2002. Firearms. Practice, Criminal, Prior conviction, Sentence, Instructions to jury, Assistance of counsel. Evidence, Inflammatory evidence. Indictments found and returned in the Superior Court...

Commonwealth v. Cates - 4/10/2003
Plymouth. April 12, 2002 Practice, Criminal, Revocation of probation, Confrontation of witnesses, Hearsay. Evidence, Videotape, Hearsay. In the spring of 2000, while on probation for driving with a revoked license and...

Commonwealth v. Fortune - 4/8/2003
Motor Vehicle, Operating under the influence. Constitutional Law, Reasonable suspicion, Probable cause, Arrest. Arrest. Probable Cause. Around 7:00 P.M. on June 28, 2000, the Chicopee police received a telephone report from an...

Commonwealth v. Simon - 1/15/2003
Suffolk. February 7, 2002 Practice, Criminal, Revocation of probation, Admissions and confessions, Voluntariness of statement. Due Process of Law, Probation revocation. Constitutional Law, Admissions and confessions....

Commonwealth v. Villalta-Duarte - 9/12/2002
Suffolk. February 12, 2002 Evidence, Admissions and confessions, Corroborative evidence. Constitutional Law, Admissions and confessions. Practice, Criminal, Sentence, Duplicative charges. Assault with Intent to Rape....

Commonwealth v. Santiago - 9/4/2002
Middlesex. March 5, 2002 Indecent Assault and Battery. Evidence, Spontaneous utterance, Subsequent misconduct, Fresh complaint. On April 15, 1998, a grand jury returned two indictments charging the defendant with rape...

Commonwealth v. Ramirez - 6/14/2002
Hampden. February 6, 2002 Arrest. Constitutional Law, Arrest, Admissions and confessions. Evidence, Admissions and confessions, Hearsay, Cumulative evidence. Practice, Criminal, Argument by prosecutor. Joint Enterprise. ...

Commonwealth v. Darch - 5/13/2002
Plymouth November 6, 2001. Alcoholic Liquors, Motor vehicle. Motor Vehicle, Operating under the influence. Intent. Intoxication. Evidence, Intent, Intoxication. Practice, Criminal, Assistance of counsel. The defendant...

Commonwealth v. Rose - 5/10/2002
Practice, Criminal, Plea, District Attorney. Judge. Stephen E. Rose, the defendant, stood charged with driving under the influence of alcohol, fourth offense. Under G. L. c.á90, á24 (1)(a)(1), fifth par., conviction of that...

Commonwealth v. Seng - 4/23/2002
Middlesex. February 7, 2002. Homicide. Constitutional Law, Admissions and confessions. Practice, Criminal, Capital case, Voluntariness of statement, Argument by prosecutor, Instructions to jury. Search and Seizure,...

Commonwealth v. Carnell - 12/7/2001
Middlesex. October 6, 1999. Motor Vehicle, Operating under the influence. Evidence, Blood alcohol test, Breathalyzer test, Redirect examination. Constitutional Law, Self-incrimination, Breathalyzer test. Complaint...

Commonwealth v. Blake - 9/17/2001
Plymouth. June 8, 2001. Motor Vehicle, License to operate, Operating under the influence. Evidence, Hearsay. Error, Harmless. Practice, Criminal, Bifurcated trial, Redaction. Complaint received and sworn to in the...

Commonwealth v. Dolliver - 8/13/2001
Middlesex. June 11, 2001. Motor Vehicle, Operating under the influence. Jury and Jurors. Practice, Criminal, Challenge to jurors, Instructions to jury, Presumptions and burden of proof. Evidence, Breathalyzer test. ...

Commonwealth v. Sinforoso - 6/15/2001
Essex. January 8, 2001. Constitutional Law, Search and seizure. Search and Seizure, Automobile, Threshold police inquiry, Arrest. Practice, Criminal, Motion to suppress, Required finding. Arrest. Controlled Substances. ...

Commonwealth v. Quispe - 3/16/2001
Suffolk. January 12, 2001. Supreme Judicial Court, Superintendence of inferior courts. Motor Vehicle, Operating under the influence. Practice, Criminal, Dismissal. Judge. Constitutional Law, Separation of powers. ...

Commonwelath v. Senior - 3/13/2001
Plymouth. January 8, 2001. Evidence, Intoxication, Blood alcohol test, Scientific test. Intoxication. Agency, What constitutes. Attorney at Law, Attorney-client relationship. Privileged Communication. Constitutional Law,...

Commonwealth v. Frank - 1/12/2001
Bristol. December 5, 2000. Practice, Criminal, Assistance of counsel, Capital case, Argument by counsel, Argument by prosecutor. Constitutional Law, Assistance of counsel. Intoxication. Evidence, Expert opinion. ...

Commonwealth v. Twombly - 1/5/2001
Essex. October 16, 2000. Motor Vehicle, Operating under the influence. Alcoholic Liquors, Motor vehicle. Police, Unlawful arrest. Arrest. Complaint received and sworn to in the Newburyport Division of the...

Commonwealth v. McCready - 11/29/2000
Worcester. September 18, 2000. Evidence, Hospital record, Intoxication. Motor Vehicle, Operating under the influence, Operating to endanger. Complaint received and sworn to in the Westborough Division of the District...

Pollard v. Powers - 11/22/2000
Bristol. September 13, 2000. Alcoholic Liquors, Liability of host. Negligence, Social host, Serving alcoholic liquors to guest, Foreseeability of harm. Civil action commenced in the Superior Court Department on...

Commonwealth v. Valiton - 11/17/2000
Berkshire. September 12, 2000. Statute, Construction. Delinquent Child. Practice, Criminal, Sentence. Motor Vehicle, Operating under the influence. Complaint received and sworn to in the Northern Berkshire Division of...

Commonwealth v. Sauer - 10/24/2000
Middlesex. December 15, 1999. Constitutional Law, Admissions and confessions. Practice, Criminal, Admissions and confessions, Voluntariness of statement. Evidence, Admissions and confessions. Search and Seizure, Protective...

Commonwealth v. Hosmer - 5/2/2000
Hampden. March 15, 2000. - May 2, 2000. Practice, Criminal, Dismissal, Amendment of indictment or complaint, Judicial discretion. Complaint received and sworn to in the Chicopee Division of the District Court...

Commonwealth v. McCravy - 2/14/2000
Norfolk. November 5, 1999. Grand Jury. Due Process of Law, Grand jury proceedings. Evidence, Grand jury proceedings. Practice, Criminal, Grand jury proceedings, Argument by prosecutor, Sentence. Motor Vehicle, Operation,...

Commonwealth v. St. Peter - 2/2/2000
Barnstable. June 8, 1999. Constitutional Law, Admissions and confessions, Waiver of constitutional rights, Assistance of counsel. Practice, Criminal, Admissions and confessions, Waiver, Voluntariness of statement, Assistance of...

Commonwealth v. Magazu - 1/21/2000
Plymouth. December 6, 1999. Motor Vehicle, Operating under the influence. Arrest. Complaint received and sworn to in the Brockton Division of the District Court Department on May 6, 1998. A motion to dismiss was heard...

Commonwealth v. Rodriguez - 1/18/2000
Hampden. September 13, 1999. Constitutional Law, Search and seizure, Roadblock by police. Search and Seizure, Automobile, Roadblock by police. Controlled Substances. Complaint received and sworn to in the Holyoke...

Vaughan v. Eastern Edison Co. - 11/18/1999
97-P-1428 Appeals Court Plymouth. January 11, 1999. - November 18, 1999. Practice, Civil, Summary judgment. Negligence, Duty to prevent harm, Pedestrian, Electric light pole. Electric Company. Public Utilities, Electric...

Commonwealth v. Savage - 11/4/1999
Franklin. October 5, 1999. Search and Seizure, Arrest, Pursuit. Arrest. Constitutional Law, Search and seizure. Statute, Construction. Police, Unlawful arrest. Motor Vehicle, Operating under the influence. Complaint...

Landry v. Attorney General - 4/13/1999
Middlesex. March 1, 1999. Deoxyribonucleic Acid. Evidence, Blood sample. Regulation. Injunction. Administrative Law, Regulations. Constitutional Law, Search and seizure, Privacy. Privacy. Search and Seizure, Blood sample,...

Commonwealth v. Pavao - 2/2/1999
97-P-1336 Appeals Court Bristol. November 19, 1998. Constitutional Law, Admissions and confessions, Assistance of counsel. Evidence, Admissions and confessions, Voluntariness of statement. Practice, Criminal,...

Commonwealth v. Blais - 11/3/1998
Suffolk. September 2, 1998. Search and Seizure, Probable cause, Consent. Constitutional Law, Search and seizure. Probable Cause. Motor Vehicle, Operating under the influence. Evidence, Intoxication, Field sobriety test. ...

Commonwealth v. Burdick - 6/1/1998
On the evening of January 18, 1995, the defendant, refused sex by his former wife, viciously beat her, resulting in neurological injury that was still under specialized treatment at the time of the defendant's trial over one year...

Commonwealth v. Ramirez - 5/19/1998
Appeals Court Suffolk. April 8, 1998. Self-Defense. Evidence, Intoxication. Practice, Criminal, Argument by prosecutor. Indictments found and returned in the Superior Court Department on April 6, 1982. The...

Commonwealth v. Alvarez - 4/7/1998
and a companion case. Worcester. November 6, 1997. Two State troopers stopped the defendants at about 9:20 P.M. on November 19, 1992, for speeding. One of the troopers asked the operator of the car for his driver's...

Commonwealth v. Thomas - 4/6/1998
Middlesex. December 5, 1997. In making his closing argument, the assistant district attorney made one minor and one major misstatement of fact. On balance, and particularly in light of the strength of the government's case,...

Commonwealth v. Suffolk. - 2/13/1998
November 7, 1997. Constitutional Law, Search and seizure. Search and Seizure, Exigent circumstances. Error, Harmless. Necessity. Firearms. Practice, Criminal, Instructions to jury, Exhibits. Homicide. Indictments found and...

Commonwealth v. Cameron - 2/4/1998
A complaint was issued in the Lawrence District Court charging the defendant with operating a motor vehicle under the influence of intoxicating liquor. The defendant moved to suppress statements she made to the arresting officer and...

Commonwealth v. Vaughn - 11/19/1997
Hampden. February 7, 1997. November 19, 1997. Present: Kass, Greenberg, & Flannery, JJ. Homicide. Wanton or Reckless Conduct. Practice, Criminal, Instructions to jury, Argument by prosecutor. ...

Com. v. Casey - 4/23/1997
Due Process of Law, Vagueness of ordinance. Municipal Corporations, By-laws and ordinances. Alcoholic Liquors, Possession of opened bottle. GREENBERG, J. Bernadette Casey, the defendant, concedes that before a Fitchburg police...

Vanhouton v. Com. - 3/3/1997
Motor Vehicle, Operating under the influence. Constitutional Law, Double jeopardy, Admissions and confessions, Self-incrimination. Evidence, Field sobriety test, Admissions and confessions. GREANEY, J. The defendant, Scott...

Prescott v. Board of Appeal on Motor Vehicle Liability Policies and Bonds - 1/10/1997
Insurance, Motor vehicle insurance, Surcharge. Evidence, Accident report. DREBEN, J. After an accident, Rosemarie Prescott's insurer, Middlesex Insurance Company, sent her a surcharge notice stating that it had determined that...

Com. v. Trudel - 1/7/1997
Arrest. Motor Vehicle, Operating under the influence. Officer Peter M. Benson of the Seekonk police department, on routine patrol in the north end of Seekonk on the night of January 26, 1995, watched a pickup truck in a parking...

Com. v. Davis - 12/16/1996
Practice, Criminal, Motion to suppress, Interlocutory appeal. Constitutional Law, Search and Seizure. Search and Seizure, Threshold police inquiry, Protective frisk. FLANNERY, J. The defendant was charged with possession of...

Burroughs v. Com. - 12/9/1996
Agency, Scope of authority or employment. Massachusetts Tort Claims Act. Commonwealth, Liability for tort. Negligence, Serving alcoholic liquors to guest, Social host. Alcoholic Liquors, Liability of host, Motor vehicle. ...

Com. v. Horrigan - 9/19/1996
Constitutional Law, Double jeopardy. Practice, Criminal, Double jeopardy, Mistrial. Judge. Words, "Manifest necessity." KAPLAN, J. This appeal poses a claim of double jeopardy. We reach it after a sequential statement of the...

Com. v. Riley - 8/30/1996
Motor Vehicle, Operating under the influence, Citation for violation of motor vehicle laws. Practice, Criminal, Citation for violation of motor vehicle laws. PORADA, J. The sole issue presented by this appeal is whether a...

Com. v. Kosilek - 8/8/1996
Homicide. Practice, Criminal, Instructions to jury, Assistance of counsel, Argument by prosecutor, Capital case. Intent. Mental Impairment. Intoxication. Evidence, Prior inconsistent statement. Self-Defense. LYNCH, J. The...

Com. v. Manning - 8/5/1996
Motor Vehicle, Operating under the influence. Evidence, Admissions and confessions, Corroborative evidence. Practice, Criminal, Required finding. Words, "Corpus delicti." JACOBS, J. Called to the vicinity of South Station in...

Com. v. Sheldon - 8/1/1996
Motor Vehicle, Operating under the influence. Evidence, Hospital record, Blood alcohol test, Hearsay. O'CONNOR, J. The defendant is charged with homicide by negligently operating a motor vehicle while under the influence of an...

Com. v. Hinckley - 3/12/1996
In a criminal case, evidence that the defendant refused to turn over his sneakers to the police so that investigators could determine whether they matched shoe prints found at the scene of a crime was improperly admitted in violation...

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