OUI violation (Massachusetts) · Go Syfert
← Massachusetts issues

OUI violation in Massachusetts

6 Massachusetts opinions name it 3 courts 2009–2018 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Camblingreen
mass · 2015 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017See Camblin I, 471 Mass. at 640-644 .

11
Commonwealth v. Dodgegreen
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
2 sentences

2017See Dodge, 428 Mass. at 865 .

2017See Dodge, 428 Mass. at 865 .

11
Commonwealth v. Daleygreen
mass · 2012 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., Commonwealth v. Daley, 463 Mass. 620, 623 (2012) (when interpreting statute, no words are to be regarded as superfluous).

2017See, e.g., Commonwealth v. Daley, 463 Mass. 620, 623 (2012) (when interpreting statute, no words are to be regarded as superfluous).

11
Commonwealth v. Colturigreen
mass · 2007 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Statutory and regulatory framework. “[A]n OUI violation may be established on proof that a driver was operating a motor vehicle either ‘with a percentage, by weight, of alcohol in [his] blood of eight one-hundredths or greater’ (per se violation), or ‘while under the influence of intoxicating liquor’ (impaired ability violation).” Commonwealth v. Colturi, 448 Mass. 809, 810 (2007).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Commonwealth v. Murphy green
mass · 2009
2 sentences

2018In Murphy , supra at 319-320, 910 N.E.2d 281 , the Supreme Judicial Court determined that an earlier version of TRF-15 that, unlike the present version, allowed but did not require the initial screener to refer drivers to secondary screening if they appeared to be impaired met constitutional requirements: "We conclude that TRF-15 falls within constitutional parameters, because its guidelines permit a vehicle to be diverted to secondary screening only when the officer has a reasonable suspicion, based on articulable facts, that the driver has committed an OUI violation or another violation of l

2018In Murphy , supra at 319-320, 910 N.E.2d 281 , the Supreme Judicial Court determined that an earlier version of TRF-15 that, unlike the present version, allowed but did not require the initial screener to refer drivers to secondary screening if they appeared to be impaired met constitutional requirements: "We conclude that TRF-15 falls within constitutional parameters, because its guidelines permit a vehicle to be diverted to secondary screening only when the officer has a reasonable suspicion, based on articulable facts, that the driver has committed an OUI violation or another violation of l

22010–2018
Commonwealth v. Connolly green
mass · 1985
2 sentences

2014The Commonwealth need not prove that the defendant actually drove in an unsafe or erratic manner, but it must prove a diminished capacity to operate safely.” Id. at 173 , emphasis in original.

2014The Commonwealth need not prove that the defendant actually drove in an unsafe or erratic manner, but it must prove a diminished capacity to operate safely.” Id. at 173 , emphasis in original.

12014–2014

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 90, § 24 (5) MA § Mass. Gen. Laws ch. 211, § 3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ME 11 (1996–2025) MA 6 (2009–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check