The Law now is that any driver with a second or subsequent OUI or DWI who is eligible for a hardship license for license reinstatement will need to have an Ignition Interlock Devise attached to any vehicle that the driver owns leases or operates; and that includes an employer’s vehicle, and the driver has to pay for the expense.

A driver with a hardship license has to use the devise for the entire time they have the hardship license, and for 2 years after the license has been reinstated.  If the driver has two or more OUI offenses and is eligible for license reinstatement, the Interlock Devise will be required for 2 years. This is mandatory even if the devise is used for the hardship license; and it is a mandatory condition of the issuance of the hardship license or license reinstatement; meaning that there is no discretion regarding that, and once the Ignition Devise is installed, the drivers are required to pass a breath test before starting the vehicle and any blood alcohol reading greater than .02 will prevent the vehicle from starting.

This continues to have a dramatic impact in the criminal justice system and cases that have collateral consequences is recently as October 18, 2013. There has been an article showing that the Attorney General, Martha Coakley is requesting that Annie Dookhan serve up to 7 years in jail in state prison, if she pleads guilty.  That they’re showing that Annie Dookhan, the chemist, is saying that there is no regard to whether the samples would test positive or not for substances; and her actions may have tainted theoretically more than 40,000 cases.  Since last year, the Department of Corrections has released more than 300 men and woman that served sentences for drug convictions and thatwere involved with the Dookhan case; this does not include the people that were released by the House of Corrections.

More than 600 Dookhan Defendants had convictions against them erased, set aside or released on bail pending the new trials. This has occurred at the Jamaica Plain Drug Lab at the Department of Health during 2003 – 2012. 

If there is no prior OUI offense it is 180 days; if there is one prior OUI offense it is 3 years; two prior OUI offenses it is 5 years; or three or more prior OUI offenses it is lifetime.  However, if you are under 21, it adds 3 years and 180 days for no prior OUI’s; one prior OUI it is 3 years and 180 days; two prior OUI’s it is 5 years and 180 days; and three or more prior OUI’s it is lifetime.

In addition, if the driver is under 18, it would be for no prior OUI offenses is 4 years; one prior OUI offense under 18 is 4 years; two prior OUI offenses is 6 years; and three or more OUI offenses is lifetime.

I just had a trial this week regarding supervised visitation at a visitation center where my client was requesting, which the court had allowed in the Temporary Orders and was waiting the ruling from the court regarding the Judgment, that the father was able to have visits at a visitation center. 

Generally, the court frowns upon having visits in a visitation center where in general, the parents are able to have parenting time without restrictions. If there are circumstances of the child’s safety, or possibility of neglect; even when visitation is to occur, it generally does occur with a third party present; such as a family member or friend and they might be able to supervise the visits.  In addition, there are options of having the visits at a public place such as a park or the galleria mall.

Massachusetts has a lot of newer Anti-Bullying Laws and requirements that the school has to follow in order to protect students from bullying.  Bullying does not just include physical violence, but it can also include words and it applies to all schools; whether they are public, private or chartered.  Bullying means any kind of repeated hostility towards a student. It is broadly defined; including written, verbal, electronic or physical acts that can cause the student physical or emotional harm.  It also includes damage to property; place you in a reasonable fear of harm and substantially disrupting education. 

There is also Cyber Bullying, which is using the technology and assuming the identity on the internet; which can include, bullying anonymously or impersonating other people.  Every school needs to have with a couple of exceptions for private schools; an Anti-Bullying Policy that has to be posted on the school’s website and you can also request it from the school administrator.  It has to define the procedures about notification and what the school needs to do to investigate and things of that nature. 

CORI Issues:

Consumer Law

Attorney General’s Elder Hotline: 888-AGELDER (888-243-5337)

For the first time in my practice, I was in Probate Court and watched two parents have their 16 year olds in Court petitioning the Court to allow the minors to marry; and which was allowed.  The parents appeared to have given well thought out reasons, and the children were asked about it as well.  It certainly appears to be one of those instances that is rare in Massachusetts and given my opinion of 16 year olds, it appears to be a recipe for disaster given today’s society.  It is something that the Court is allowed to do if there has been a petition giving the minors the ability to marry.

There can be limitations set for the Guardianship; including, issues such as care for self where they can put in the guardianship that the person still retains the right to be responsible for bathing, dressing, dental care and things of that nature, and they still retain the right to choose and determine daily meals, communicate about healthcare, long term facilities, home health providers, determine their residence, maintaining cleaning their home, being left alone, retain a drivers license, use public transportation, right to travel, determine who to have friendships and visitations with and participate in religious activities.  Basically, the wide variety of aspects can be put into the Guardianship that would allow more independence for the person that is the Respondent or the person that is being sought for a Guardianship.

Similar to that, there can be limitations for Conservatorship; which can include, saying that the person has a right to spend $20.00 or certain amount cash per week; to use their own checkbook; to plan a budget; to buy gifts or donations; to use credit; enter into contract and/or manage properties and investments.  So again, there can be ways that can allow the person that is having Conservatorship brought about them; still having more independence then a typical Conservatorship.

There can be limitations set for the Guardianship; including, issues such as care for self where they can put in the guardianship that the person still retains the right to be responsible for bathing, dressing, dental care and things of that nature, and they still retain the right to choose and determine daily meals, communicate about healthcare, long term facilities, home health providers, determine their residence, maintaining cleaning their home, being left alone, retain a drivers license, use public transportation, right to travel, determine who to have friendships and visitations with and participate in religious activities.  Basically, the wide variety of aspects can be put into the Guardianship that would allow more independence for the person that is the Respondent or the person that is being sought for a Guardianship.

Similar to that, there can be limitations for Conservatorship; which can include, saying that the person has a right to spend $20.00 or certain amount cash per week; to use their own checkbook; to plan a budget; to buy gifts or donations; to use credit; enter into contract and/or manage properties and investments.  So again, there can be ways that can allow the person that is having Conservatorship brought about them; still having more independence then a typical Conservatorship.