Lexis Nexis LexisNexis Practice Guide: Massachusetts OUI Law
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OUI is a serious crime. Conviction can result in license suspension, steep fines, and jail. The attorney practicing in this area needs to understand all the required elements of an OUI charge, the bases for attacking the charge, the use of expert testimony, and the trial considerations unique to OUI law. LexisNexis Practice Guide: Massachusetts OUI Law provides coverage of all these areas and more. With its concise writing style, streamlined chapter format, abundance of checklists and forms, extensive references to leading and related cases, statutes, and regulations, and authoritative guidance, you'll find more of everything that makes a practice guide valuable and easy to use.
Topically organized, LexisNexis Practice Guide: Massachusetts OUI Law covers the entire process of an OUI case in Massachusetts, from the initial client contact through trial and post-trial motions. Each Practice Guide chapter combines authoritative legal analysis with an expert author's practical insights, distilled from years of litigation practice. Practice Tips address Strategic Points, Warnings, Timing, and Exceptions, providing a smooth transition from legal analysis to practical application of a point of law.
Chapter parts begin with detailed practice checklists that capture the essential steps (the what, when, and how) of each major task, with cross-references to relevant authority, forms, and discussion of the topic within the chapter itself. The Forms Appendix sets forth dozens of helpful sample motions, letters, affidavits, and other forms. Fillable, downloadable versions of these forms are included in the online subscription.
The 2023 edition ISBN is 9781663362681.
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Featured Authors
James Livingstone
James Livingstone is an experienced criminal defense lawyer and trial attorney. Mr. Livingstone serves as of counsel at the law firm of Employee Rights Group LLP, where he defends criminal cases in Massachusetts state and federal courts at trial and on appeal. He has prosecuted and defended operating under the influence charges at all stages of proceedings, including to jury verdict, in Superior Court and District Courts throughout Massachusetts. Prior to working at his current firm, Mr. Livingstone was an Assistant District Attorney for the Middlesex County District Attorney's Office. There, he represented the Commonwealth in Middlesex Superior Court as well as in District Courts and Juvenile Courts throughout the County. Prior to joining the District Attorney's Office, he worked in private practice and in the Attorney General's Office in the Commonwealth of the Northern Mariana Islands as the Chief of the Civil Division. In June 2013, he was elected to the Massachusetts House of Representatives to represent the Eighth Suffolk District.
Table of contents
Chapter 1 INITIATING CLIENT RELATIONSHIP
Chapter 2 UNDER THE INFLUENCE DEFINED
Chapter 3 OTHER ELEMENTS OF AN OPERATING UNDER THE INFLUENCE CHARGE
Chapter 4 OPERATING UNDER THE INFLUENCE OF DRUGS CHARGE
Chapter 5 MELANIE'S LAW—ENHANCED CHARGES
Chapter 6 MOTIONS TO DISMISS
Chapter 7 MOTIONS TO SUPPRESS
Chapter 8 OUI TESTING
Chapter 9 MOTIONS IN LIMINE; TRIAL MOTIONS
Chapter 10 TRIAL PREPARATION
Chapter 11 OPENING STATEMENTS
Chapter 12 CLOSING ARGUMENTS
Chapter 13 EXPERT TESTIMONY
Chapter 14 JURY INSTRUCTIONS
Chapter 15 POST-TRIAL MOTIONS AND APPEALS
Chapter 16 LICENSE SUSPENSION AND REVOCATION
Chapter 17 HARDSHIP LICENSES
Forms Appendix
