LexisNexis Practice Guide: Massachusetts OUI Law (2024)

Practice guide covering the entire process of an OUI case in Massachusetts, from the initial client contact through trial and post-trial motions.

by James Livingstone (Author)

Publisher: Matthew Bender Elite Products

Select a format

International Order Inquiry

Select subscription type

One Year Subscription Only Notify me when I need to update in future (no Automatic Shipments)

Automatic Renewal of Annual Subscription Keep my subscription up to date (Automatic Shipments)

Estimated annual upkeep cost:

/ Estimated number of annual updates:

Terms & conditions

Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.

Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.

Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked "CANCEL".

If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.

If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.

Subscription are automatically renewed without any action on the subscriber's part

Subscribers receive the product(s) listed on the Order Form and any Supplementation releases, replacement volumes, new editions and revisions to a publication ('Updates') made available during the annual subscription period, included in the annual price. Shipping and handling fees are not included in the annual price.

Under the automatic renewal option, at least 60 days before each renewal date, subscribers will receive a renewal notice, which include the cost of the next annual subscription. The renewal price will likely include a small increase over the prior year's subscription rate.

The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.

All shipments may be returned, at subscribers' expense, for full credit of the Price within 30 days of receipt.

Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.

After the Order Window, subscribers will receive notice of Updates along with the then-current grand total price and order process as Updates become available. Subscribers will only be shipped those Updates they specifically request.

If Subscriber selects the automatic Shipment Subscription program,they will receive and be billed for future updates without any action on their part.The total price includes the product(s) listed in the Order Form and any updates for a limited period(minimum period of 30 days) after order is placed ("Order Window").Shipping and handling fees are not include in the grand total price.

After Order Window,all Updates will be automatically shipped to subscriber with an invoice at the then-current grand total price on a semi annual or annual basis as the Updates become available.Subscriber can expect a price increase over the current retail price.The retail price does not and will not include shipping and handling.

Subscriber are advised of the number of updates that were made to the particular Publication the prior year.The number of Updates may vary due to developments in the law and other publishing issues,but Subscriber may use use this as a rough estimate of future shipments.Subscribers may call Customer Support at 800-833-9844 for additional information on update frequency and price.

All shipments may be returned, at subscribers expense, for full credit of the grand total price within 30 days of receipt.

Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.

Return of a shipment, other than the initial purchase, will not cancel subscribers' subscription.

Subscribers' enrollment in the Automatic Subscription Program may be cancelled anytime by: returning the invoice marked "CANCEL SUBSCRIPTION"; calling Customer Support at 800-833-9844; or emailing customer.support@lexisnexis.com.

Print Terms and Conditions

Cancel

Product description

View a sample of this title using the ReadNow feature

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 2022 edition ISBN is 9781663340337.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

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.

View all products by James Livingstone (1)

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