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Senate adopts amendments on truck driver liability, speed cameras
Truck drivers whose vehicles lack key safety equipment could face a presumption of liability in fatal crashes involving cyclists, and speed cameras could be deployed in school, safety and construction zones under amendments added to a Senate economic development bill.
Motor vehicles – Negligent operation
Where a defendant moved to dismiss a criminal complaint charging him with negligent operation of a motor vehicle, a District Court judge’s decision to allow that motion should be reversed because the complaint application established probable cause to believe that the defendant drove a dump truck in a precarious condition that might have endangered the lives or safety of the public.
Motor vehicles – OUI – Effectiveness of counsel
Where a defendant was convicted of operating a motor vehicle while under the influence of liquor and negligent operation of a motor vehicle, the judgments must be vacated given that the commonwealth has conceded that the defendant was denied the effective assistance of counsel and that it was error not to admit third-party culprit evidence.
Bodycam recordings from sobriety checkpoint admissible
A motion to suppress the body-worn camera recordings made by state troopers at a sobriety checkpoint should have been denied because the troopers did not commit a willful interception under the wiretap statute (G.L.c. 272, §99), the Supreme Judicial Court has ruled.
Motor vehicles – Speeding – Discovery
Where a defendant was found responsible for the civil motor vehicle infraction of speeding (G.L.c. 90, §17), it was an abuse of discretion not to allow discovery regarding the light detection and ranging (LIDAR) unit used by a state trooper to measure the speed of the defendant’s vehicle.
Motor vehicles – OUI – Second offense
Where a jury convicted a defendant of operating a motor vehicle while under the influence of intoxicating liquor (OUI) and negligent operation of a motor vehicle, the judgments must be vacated because the defendant was unfairly prejudiced by the admission of inadmissible OUI second offense evidence.
Motor vehicles – Plea colloquy – OUI
Where a defendant was convicted of operating a motor vehicle under the influence of liquor, third offense, the guilty finding on the subsequent offense portion of the charge must be vacated because the judge conducted an inadequate plea colloquy.
Motor vehicles – Selective enforcement
Where a defendant who was convicted of operating a motor vehicle under the influence of intoxicating liquor has challenged the rejection of her selective enforcement claim, the conviction should be affirmed because the record supports the lower court’s determination that race-neutral reasons prompted the officers' actions.
Motor vehicles – OUI
Where a District Court judge dismissed a charge of operating a motor vehicle while under the influence of intoxicating liquor, that decision should be affirmed because (1) though the defendant was properly informed of his right to be examined by a physician of the defendant's choice under G.L.c. 263, §5A, he was neither provided with a copy of the statutory text nor was it posted in the police st[...]
Mass. could join states that ban concealed license plates
Motorists would be banned from installing tinted license plate covers on their cars that distort or block key information under a bill that secured initial approval in the House this week.
Motor vehicles – Licensure – Notice
Where a defendant was convicted of driving with a revoked license as a habitual traffic offender and driving with a suspended license, the convictions must be reversed because the commonwealth’s evidence was insufficient on the element of notice to the defendant of his licensure status.
State rep admits to facts in drunk driving case
After an initial arraignment during which a not guilty plea was entered for him, Rep. John Lawn admitted to the facts as he faced charges of drunken driving and leaving the scene of a crash in a Boston courtroom on July 17.
