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6 Jan 2016 The model jury instructions govern how many judges will instruct a jury when a motorist is charged with OUI. It is remarkable that absent from the model instruction is anything saying that is not illegal to consume alcohol and drive in the Commonwealth. When I have asked for that instruction to be added,
3 Jan 2011 Where a defendant has been convicted of operating a motor vehicle while under the influence of intoxicating liquor, fifth or subsequent offense, we hold the conviction must be vacated and a remand ordered, because the trial judge erred in instructing the jury on the permissible inference of intoxication
19 Sep 2017 The Massachusetts Supreme Court ruled today in Commonwealth v. Thomas Gerhardt that field sobriety tests are admissible for an OUI marijuana, but cautioned that jurors cannot rely on these tests in and of themselves to find someone guilty or impaired by marijuana. The model jury instruction drafted in
28 Jan 2015 This week, Massachusetts highest court - the Supreme Judicial Court - exercised its power in Commonwealth v. Russell to require a uniform instruction on "proof beyond a reasonable doubt." In a criminal case, the Constitution requires the government to prove the defendant's guilt beyond a reasonable
At this point, the jury must be instructed on the definitions of “Operation of a Motor Vehicle" Instruction 5.310. Page 2. OPERATING UNDER THE INFLUENCE. Issued January 2013. OF INTOXICATING LIQUOR be “under the influence" of alcohol? .. App. Ct. 358 (1982); and note 4 to Instruction 5.400 (“OUI-Drugs"). No.
Instruction 5.400. Revised January 2013. OPERATING UNDER THE INFLUENCE OF DRUGS. OPERATING UNDER THE INFLUENCE OF DRUGS. G.L. c. 90, § 24 At this point, the jury must be instructed on the definitions of “Operation of a Motor Vehicle". (Instruction 3.200) . The OUI statute punishes only “the voluntary.
Instructions before and during trial. General final instructions. Definitions and proofs - final instructions. Evaluation of evidence - final instructions. General offenses - final instructions. Motor vehicle and OUI offenses - final instructions. Offenses against the person - final instructions. Abuse-related offenses - final instructions.
Massachusetts criminal jury instructions updated with March and May 2017 updates, published by the Massachusetts Trial Court Law Libraries.
Chart of Required Jury Instructions. Jan 2009. —. INSTRUCTIONS BEFORE AND DURING TRIAL Jan 2013. 1.01. 1.130 Discussion Prohibited. Jan 2013. —. 1.140 Alternate Preliminary Instruction to Jury Before Trial. 1989. 1.011 . Motor Vehicle & OUI Offenses. 5.100 Attaching Wrong Plates to Conceal Identity (G.L. c.
1 Dec 2017 In a recent decision that promises to have substantial implications for Massachusetts criminal procedure, the Supreme Judicial Court (“SJC") limited the discretion given to judges in framing jury instructions in cases in which defendants have been charged with drunk driving (known as “OUI" in

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March 2018