One of the most important parts of the recent court decision deals with the new instructions the court will need to give a jury on an OUI Marijuana case. The court must instruct jurors that field sobriety tests are not scientific evidence for determining marijuana intoxication/impairment and that any person could have difficulty performing these tests even if they are not under the influence of marijuana.
Operating Under the Influence of Drugs (OUI Drugs) is a serious criminal offense in Massachusetts that can result in jail time, fines, loss of your drivers license, and a criminal record. An OUI Drugs is very similar to a drunk driving or OUI alcohol case and we approach both cases essentially the same way.
Second-time OUI offenders that are allowed a hardship license must install an ignition interlock device on their vehicle. They are not allowed to operate any vehicle that does not have an ignition interlock device. You will also need to adhere to additional requirements for using an ignition interlock device and a failure to do may result in violations that carry severe penalties.
If you were arrested for an Operating Under the Influence/Driving Under the Influence (OUI/DUI) offense, you are facing two different cases against you. The first is a case that involves the status of your drivers license in Massachusetts and the other involves the criminal case and criminal penalties if found guilty.
Firearm licenses are valid for 6 years. You must submit a request with your local police department for a renewal prior to the expiration date of your current license. Your local police department will do a criminal background check to see if you have been charged or found guilty of a criminal offense since LTC was allowed.
It is very difficult to overturn a police chief’s decision to suspend or revoke a license to carry a firearm. A police chief has broad discretion or considerable latitude to issue a firearms carrying license. In order to overturn a police chief’s suspension or revocation on an LTC the gun owner must prove that police chief had no reasonable ground for suspending or revoking the license. To prove this the applicant must show that the refusal to grant the license was arbitrary, capricious or an abuse of discretion.