Briones Law Group Blog

What is the controversy surrounding Massachusetts breathalyzers?

Beginning in 2017, serious concerns arose over the accuracy of Massachusetts’ breathalyzers. The model concerned is the Draeger 9510 Alcotest. Nearly ten thousand of the 9510-model machines entered use in Massachusetts beginning in 2011. While there are also concerns about an earlier model used in the Commonwealth, the Draeger Alcotest 7110, it is the newer model that has provoked numerous legal challenges, and with good reason. In February 2017, a judge ruled that while the

Statute of Repose may prohibit you from suing a Contractor

In Massachusetts, you have 6 years to sue a contractor for their work. Let’s say that you have a contractor come and install flooring in your home.. Eight years goes by and there are no problems. Then one day you are walking through your family room and the floor collapses and you are seriously injured. You find out afterwards that the floor was improperly constructed. You cannot sue the contractor. They are protected by the

Important information regarding your OUI conviction.

If you submitted to a breathalyzer between June 1, 2011 and August 31, 2017 and were convicted or pled guilty to an OUI charge, that conviction could be overturned. You should contact an attorney who can help you determine if your case should be thrown out. The reason for this is the Draeger 9510 breathalyzer device. It is estimated that there were more than 36,500 breath tests administered using this device that resulted in “scientifically

Breathalyzer Refusal and Its Implications

Many people are aware that you lose your license for a period of time if you refuse the breathalyzer test when you are stopped by the police. However, many are not aware that the penalty differs with the number of prior OUI convictions you have had. The following is a breakdown of breath test refusal penalties if you are over 21: If you have no prior OUI convictions your license will be suspended for 180

Important Information about Renewing a Restraining Order

For those of you who have an active restraining order against someone. If you intend on renewing that restraining order, you must appear back in Court on the date that it expires. The Court will not send you a notice to appear. If the expiration date of the restraining order is on a weekend, you must appear on the Friday before the order expires. A full hearing will occur on the date of renewal and

“Sham” marriages and Immigration

If you are considering entering into a “sham”marriage with a non-US citizen, you need to read this.. First, understand that it is illegal and if you are caught, you will be prosecuted like this man recently in Worcester, MA. https://whdh.com/news/massachusetts-man-pleads-guilty-to-6-sham-marriages/ There are many different things that USCIS (United States Citizenship and Immigration Services) evaluates when deciding whether a marriage is “real” or not. They will look at whether you are sharing an address; they may

Flat Rate v. Hourly Rate in Divorce and Custody Matters.

For the last five years, we have offered a flat rate for divorce and custody matters. There were several reasons why we decided to do so. If any of you have ever been billed at an hourly rate for divorce, you already know how expensive a divorce can be if your attorney is charging you for every minute of time they spend on your case. The reason is that divorce and custody issues are highly

What you need to know when you get injured at work.

Workers Compensation – A Short Explanation By Attorney Robert L. Noa Most people have heard the term ‘Worker’s Compensation’. Many, however, probably do not know exactly what it can do for you should you have an injury or accident while in the course of your employment. Workers comp is a system of wage replacement for people who have an injury or accident at work and are disabled for a period of time. It’s important to

If you are or have been a victim of a violent crime, you may be entitled to compensation.

If you live in Massachusetts and you are the victim of a crime, you may be able to get compensation through the State. The following are examples of what types of things are compensable: – medical and dental expenses, – counseling expenses, – funeral/burial costs, – lost wages, – replacement bedding, – crime scene cleanup The maximum benefit is $25,000.00 per individual. If you are interested in applying for compensation, you must have reported the

Ignorance of the law-A loving example

Guest Blogger: Samuel B. Goldberg, Esquire Hey, remember the old adage “What you don’t know cannot hurt you”? Well, if it ever was true, it isn’t anymore. At least not where the criminal justice system is concerned. I have been embedded in the system for over 30 years in the state of New York and the Commonwealth of Massachusetts. I am proud to have become “Of Counsel” to the Briones Law Group and you can

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