Quincy OUI Lawyers

Item: Bellotti Law Group, P.C.
Rating: 5
Author: John F.

Get Help From a OUI Law Office in Quincy MA

If you have been arrested for a drunk driving offense in Quincy, and your blood was drawn against your consent, you should immediately seek the advice of a knowledgeable lawyer. One of our skilled Quincy OUI attorneys can make sure the prosecution doesn't use that sample as evidence against you.

Talk to a skilled lawyer at the Bellotti Law Group, P C in Quincy, MA, as soon as possible to learn how this Massachusetts Supreme Judicial Court decision can help you. The law firm has years of experience representing Norfolk County clients in OUI and other criminal cases, as well as personal injury law. Our law offices' seasoned attorneys are ready to fight for your rights in a criminal defense or personal injury claim. Call (617) 778-1000 to schedule a free initial consultation, or submit our online form.

Blood Samples Without Consent Can't Be Used in OUI Cases

The Massachusetts Supreme Judicial Court recently ruled in Commonwealth v. Bohigian that blood alcohol content (BAC) evidence cannot be used in OUI driving cases unless the driver consented to the blood draw. According to the 52-page decision, this protection applies even if the police obtained a search warrant before taking the blood sample.

Massachusetts OUI Attorney Peter Bellotti Explains:

In this case, defendant Charles Bohigian was convicted of operating while under the influence of alcohol (OUI), operating negligently so as to endanger, and OUI causing serious bodily injury in a 2014 accident.

At the time of his arrest, Bohigian refused to give consent for the police to draw his blood. Despite this refusal, the police officers obtained a search warrant, and forcibly took a blood sample. The blood evidence showed that Bohigian's BAC was over 0.16%, more than twice the legal limit.

The decision relied on the interpretation of Massachusetts General Laws Chapter 90, Section 24. Section 24(1)(e) only allows for the admission of blood testing evidence that was "made by or at the direction of a police officer" if "it was made with the consent of the defendant." Similarly, Section 24(1)(f)(1) states that if the arrested person refuses to submit to blood testing, "no such test or analysis shall be made."

Despite the prosecution's protests that the search warrant was issued by a magistrate, not a police officer, requiring an exception to the rule, the majority of the Supreme Judicial Court justices agreed with Bohigian that the blood evidence should not have been admitted.

★★★★★

Could not have been happier with Attorney Peter Bellotti and everyone at Bellotti Law Group. I had a very difficult case, but Peter was relentless. He saved me and my family, big time, when the situation looked very bad. I was recommended to Peter and was told he was the best attorney in Boston and now I see why, 100%. Thank you Peter! John F.

I was referred to Attorney Bellotti by a friend who works at Harvard University. I was really nervous at the beginning of my case but Peter kept me calm and was very reassuring and even gave me his cell phone number to text or call him if I really needed to get in touch with him asap… My case went extremely well and my family and I could not have been more please. I highly recommend Attorney Peter Bellotti. Beth A.

Attorney Bellotti assisted me in a Magistrate matter in Palmer District Court. He was very professional, knowledgeable, had excellent communication skills, well prepared, and new how to handle the situation. I would highly recommend Attorney Bellotti for any litigation matters and he gets the job done. Arlon B.

When looking for an attorney I didn't think have to think twice about who to call to protect my future. Peter Bellotti's amazing reputation made it an easy decision for who to call. He went above and beyond in my case, returning phone calls promptly, answering all my questions to ease my mind, and being a very understanding caring person. Patrick

I was on a case with Peter that spanned over a year and a half. Peter was very accommodating and set early expectations which helped get through this time period. Peter's professionalism helped keep me calm during this full time period. It was a pleasure getting to know Peter and if I ever need another lawyer in and around Boston Peter would be my go to choice hands down. Kyle

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