Trying OUI and Other Motor Vehicle Offenses in Massachusetts

Table of Contents

Chapter 01 - Common Criminal Motor Vehicle Offenses
James Michael Forsyth, Esq.,
Hampden District Attorney's Office, Commonwealth of Massachusetts
Checklist 1.1 - Pretrial Preparation for Common Criminal Motor Vehicle Offenses

Chapter 02 - Obtaining, Losing, and Seeking Reinstatement of Driver’s Licenses
Kevin M. Ryan, Esq.,
Law Offices of Kevin M. Ryan
Brian E. Simoneau, Esq.,
Exhibit 2A - Affidavit of No Social Security Number
Exhibit 2AA - Board of Appeal Notice of Appearance of Counsel
Exhibit 2B - Schedule of Suspensions and Revocations
Exhibit 2BB - Sample Finding and Order (Decision Affirmed)
Exhibit 2C - Request for Driving Record and Request for Personal Information in RMV Records
Exhibit 2CC - Sample Motion for Reconsideration to Board of Appeal
Exhibit 2D - Sample Request for Suspension/Revocation Letter
Exhibit 2DD - Superior Court Standing Order No. 1-96
Exhibit 2E - Supplemental Motor Vehicle Abstract
Exhibit 2EE - Sample Complaint for Judicial Review of Decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds
Exhibit 2F - Surchargeable Events
Exhibit 2FF - Sample Civil Action Cover Sheet
Exhibit 2G - Registry Materials on License Suspension for Violation of Controlled Substance Statute: 540 C.M.R. § 20.03
Exhibit 2GG - Sample Trial Memorandum
Exhibit 2H - Request for Medical Evaluation
Exhibit 2I - CJIS Forms
Exhibit 2J - 94C Drug Offense Hardship Approval
Exhibit 2K - HTO Hardship Approval
Exhibit 2L - Medical Evaluation Form
Exhibit 2M - Vision Screening Certificate
Exhibit 2N - Loss of Consciousness Evaluation Form
Exhibit 2O - Registry and Court Appeal Forms for Chemical Test Refusal/License Suspensions
Exhibit 2P - First Offense (24D) OUI Hardship License Criteria
Exhibit 2Q - Multiple Offense OUI Hardship License Criteria
Exhibit 2R - OUI Hardship Approval Requests
Exhibit 2S - IID Violations and Sanctions Chart
Exhibit 2T - Ignition Interlock Device-Vehicles Not in Possession Affidavit
Exhibit 2U - 540 C.M.R. § 25.00: Certification, Installation, Use and Maintenance of Ignition Interlock Devices
Exhibit 2V - RMV Suspension Hearing Application for Block Scheduling
Exhibit 2W - Notice of Appearance of Counsel Before the Registry of Motor Vehicles
Exhibit 2X - Default Removal Certificate
Exhibit 2Y - Board of Appeal Form and Instruction
Exhibit 2Z - Sample Memorandum to Board of Appeal on Motor Vehicle Liability Policies and Bonds

Chapter 03 - Initial Stages: Stop, Arrest, Booking, and Arraignment
Katherine E. McMahon, Esq.,
Hampden County District Attorney's Office, Commonwealth of Massachusetts
Shane T. O'Sullivan, Esq.,
Suffolk District Attorney's Office, Commonwealth of Massachusetts
Checklist 3.1 - Threshold Inquiries at the Initial Stages of an Alleged Commission of a Motor Vehicle Offense
Exhibit 3A - Defendant’s Motion to Dismiss Complaint Due to G.L. c. 90C, § 2 Violation
Exhibit 3B - Affidavit in Support of Motion to Dismiss OUI Complaint
Exhibit 3C - Defendant’s Memorandum in Support of Motion to Dismiss OUI Complaint
Exhibit 3D - Defendant’s Motion to Suppress Evidence Unlawfully Seized from Defendant’s Motor Vehicle and Person
Exhibit 3E - Affidavit in Support of Motion to Suppress Evidence Seized from Locked Trunk
Exhibit 3F - Defendant’s Motion to Dismiss for Failure of Police to Comply with G.L. c. 263, § 5A and G.L. c. 276, § 33A
Exhibit 3G - Defendant’s Motion to Suppress Custodial Statements
Exhibit 3H - Affidavit in Support of Motion to Suppress Statements

Chapter 04 - Initial Client Meeting and First Steps with Your Defendant Client
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC
Exhibit 4A - Overview of Massachusetts Loss-of-License Consequences
Exhibit 4B - Sample Medical Authorization Form
Exhibit 4C - Sample Motion and Affidavit to Preserve Defendant’s Rights

Chapter 05 - Evidentiary Issues
John B. Seed, Esq.,
Seed, Chan & Associates LLC

Chapter 06 - Jury Session Technicalities
Erin R. Opperman, Esq.,
Law Offices of Erin R. Opperman
Exhibit 6A - Motion in Limine to Preclude Introduction of Results of Horizontal Gaze Nystagmus (HGN) Field Sobriety Test
Exhibit 6B - Motion in Limine to Preclude Introduction of Results of Portable Breathalyzer Test as a Field Sobriety Test
Exhibit 6C - Defendant’s Motion in Limine to Prohibit Introduction of Statements as to Defendant’s Refusal of Field Sobriety Tests
Exhibit 6D - Motion in Limine to Preclude Introduction of Defendant’s Statements to Police
Exhibit 6E - District Court Standing Order 1-18: Voir Dire Protocol
Exhibit 6F - Sample Voir Dire Motion
Exhibit 6G - Sample Motion to Suppress Results of Breath Test Performed by Defendant
Exhibit 6H - Model Jury Instruction Regarding Roadside Assessments for Use in Prosecutions for Operating Under the Influence of Marijuana

Chapter 07 - The Prosecutor’s Case-in-Chief
E Russell Eonas, Esq.,
Plymouth County District Attorney's Office, Commonwealth of Massachusetts
Kristen A. Stone, Esq.,
Office of the Attorney General, Commonwealth of Massachusetts
Checklist 7.1 - Prosecutor’s Checklist of Elements/Areas of Testimony in an OUI Case
Checklist 7.2 - Barbeau Checklist/Areas of Testimony
Exhibit 7A - Model Jury Instruction, Operating with a Blood Alcohol Level of .08% or Greater
Exhibit 7B - Model Jury Instruction, Operating Under the Influence of Intoxicating Liquor
Exhibit 7C - Model Jury Instruction, Operation of a Motor Vehicle
Exhibit 7D - Model Jury Instruction, Public Way

Chapter 08 - Challenging the Prosecutor’s Case
John B. Seed, Esq.,
Seed, Chan & Associates LLC
Exhibit 8A - Sample Direct and Cross-Examination of Police Officer in an OUI Case

Chapter 09 - The Defendant’s Case
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC
Checklist 9.1 - Successfully Defending an OUI Case
Checklist 9.2 - Expert Qualification - Establishing Expertise
Exhibit 9A - Ten Frequently Asked Questions
Exhibit 9B - Model Jury Instruction 3.200, Operation of a Motor Vehicle
Exhibit 9C - Model Jury Instruction 3.280, Public Way
Exhibit 9D - Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater
Exhibit 9E - Model Jury Instruction 5.400, Operating Under the Influence of Drugs
Exhibit 9F - Motion in Limine to Exclude Horizontal Nystagmus Test
Exhibit 9G - Motion to Inspect Evidence and Reports
Exhibit 9H - Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30-31 (Mass. Dist. Ct., Bos. Mun. Ct. Feb. 16, 20
Exhibit 9I - Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Bos. Mun. Ct. Jan. 9, 2019) (Ananias II)
Exhibit 9J - Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Bos. Mun. Ct. July 29, 2019) (Ananias III)
Exhibit 9K - Areas of Breathalyzer Expert Testimony
Exhibit 9L - Proposed Jury Instructions of Defendant
Exhibit 9M - Motion and Order for Return of License Following a Finding of Not Guilty

Chapter 10 - The Prosecutor’s Challenge of the Defendant’s Case
Margaret R.S. Krippendorf, Esq.,
Norfolk District Attorney's Office, Commonwealth of Massachusetts
Exhibit 10A - Sample Request for Certified Copy of Defendant’s Criminal Conviction
Exhibit 10B - Motion to Admit Prior Convictions Under G.L. c. 233, § 21

Chapter 11 - Jury Instructions, Closing Arguments, and Bifurcated Trials in OUI Cases
Hon. William A. Rota,
Administrative Office of the District Court, Commonwealth of Massachusetts

Chapter 12 - Sanctions and Penalties
Neil A. Scannell, Esq.,
Registry of Motor Vehicles Division, MassDOT, Commonwealth of Massachusetts
Exhibit 12A - Judicial Review of Suspension for Chemical Test Refusal
Exhibit 12B - RMV Notice of Appearance of Counsel
Exhibit 12C - Request for Personal Information in RMV Records
Exhibit 12D - RMV 24D (First Offender Program) OUI Hardship License Criteria
Exhibit 12E - RMV Multiple Offense OUI Hardship License Criteria
Exhibit 12F - RMV Melanie’s Law Ignition/Interlock Device (IID) Program Information
Exhibit 12G - RMV Ignition Interlock Operator’s Affidavit
Exhibit 12H - RMV Ignition Interlock Operator’s Affidavit - Other Licensed Resident
Exhibit 12I - Board of Appeal on Motor Vehicle Liability & Bonds: Appeal of a Ruling/Decision of the Registrar of Motor Vehicles

Chapter 13 - Posttrial Relief
Hon. James M. Sullivan,
Plymouth District Court, Commonwealth of Massachusetts
Exhibit 13A - Defendant’s Motion for Restoration of Driver’s License
Exhibit 13B - Findings of Fact for Restoration of Driver’s License
Exhibit 13C - Order of Restoration of Driver’s License
Exhibit 13D - Generic Motion for Required Finding of Not Guilty
Exhibit 13E - Detailed Motion for Required Finding of Not Guilty
Exhibit 13F - Renewed Motion for Required Finding After Discharge of Jury
Exhibit 13G - Motion for Revision and/or Revocation of Sentence
Exhibit 13H - Motion for a New Trial Pursuant to Mass. R. Crim. P. 30
Exhibit 13I - Motion for a New Trial (Inadequate Plea Colloquy)

Chapter 14 - Civil Motor Vehicle Infractions
Kimberly M. Foster, Esq.,
Somerville District Court, Commonwealth of Massachusetts
Exhibit 14A - District Court Administrative Regulation 2-86: Table of Citable Motor Vehicle Offenses with a Schedule of Assessments (Updated January 14, 2022)
Exhibit 14B - District Court Administrative Regulation 2-06: Guidelines for Civil Motor Vehicle Infraction Hearings
Exhibit 14C - Notice of Magistrate’s Hearing for Civil Motor Vehicle Infraction
Exhibit 14D - Motion for Inspection of Documents and Production of Records and Draft Order
Exhibit 14E - Judgment by Magistrate for Civil Motor Vehicle Infraction
Exhibit 14F - Civil Motor Vehicle Infraction Claim of Appeal
Exhibit 14G - Notice of Video or Telephone Civil Motor Vehicle Infraction Hearing
Exhibit 14H - Video or Telephone Conference Line Instructions for Civil Motor Vehicle Infraction Hearing
Exhibit 14I - Trial Court Guide to Remote Hearings
Exhibit 14J - Judgment by Magistrate for Civil Motor Vehicle Infraction - Virtual Hearing
Appendix
Breathalyzer, Blood Alcohol, and Field Sobriety Tests Resources
Appendix A - 501 C.M.R. § 2.00: Safe Roads (Mar. 25, 2016)
Appendix B - Massachusetts Office of Alcohol Testing, Approved Breath Testing Instruments
Appendix C - Example Infrared Breath Test Operator Training Slides
Appendix D - Product Information and Diagram for Dräger Alcotest® 9510
Appendix E - Massachusetts Drug Recognition Expert Association: Cumulative Drug Symptomatology Matrix
Appendix F - Breath Test Operator Online Training Program

Author

Editor(s)

Hon. Andrew M. D'Angelo,
Appeals Court, Commonwealth of Massachusetts, Boston

Hon. James M. Sullivan,
Plymouth District Court, Commonwealth of Massachusetts, Plymouth

DEI Commentator(s)

Minhtram Thi Tran, Esq.,
Plymouth County District Attorney's Office, Commonwealth of Massachusetts, Brockton

Author(s)

Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC, Springfield

E Russell Eonas, Esq.,
Plymouth County District Attorney's Office, Commonwealth of Massachusetts, Brockton

James Michael Forsyth, Esq.,
Hampden District Attorney's Office, Commonwealth of Massachusetts, Springfield

Kimberly M. Foster, Esq.,
Somerville District Court, Commonwealth of Massachusetts, Somerville

Margaret R.S. Krippendorf, Esq.,
Norfolk District Attorney's Office, Commonwealth of Massachusetts, Canton

Katherine E. McMahon, Esq.,
Hampden County District Attorney's Office, Commonwealth of Massachusetts, Springfield

Erin R. Opperman, Esq.,
Law Offices of Erin R. Opperman, Boston

Shane T. O'Sullivan, Esq.,
Suffolk District Attorney's Office, Commonwealth of Massachusetts, Boston

Hon. William A. Rota,
Administrative Office of the District Court, Commonwealth of Massachusetts, Boston

Kevin M. Ryan, Esq.,
Law Offices of Kevin M. Ryan, Framingham

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

John B. Seed, Esq.,
Seed, Chan & Associates LLC, Brighton

Brian E. Simoneau, Esq.,
Framingham

Hon. Kristen Stone,
Administrative Office of the District Court, Commonwealth of Massachusetts, Boston

Hon. James M. Sullivan,
Plymouth District Court, Commonwealth of Massachusetts, Plymouth