There have been several recent court decisions in Massachusetts OUI Law that deserve special attention. Please contact Stephen Jones, your Massachusetts OUI Lawyer, to learn how these decisions affect your case.

Jury Instructions /Evidentiary Issues

Missing Witness

Commonwealth v. Rollins

59 Mass. App. Ct. 911 (2003), aff'd slip. op SJC-09139 (2004)

This case provides a great example of when a missing witness instruction in an OUI case is justified.

The defendant was arrested for OUI. Up until one-half hour before being arrested, the defendant had been in the company of his friend. He did not call his friend as a witness at trial. The judge gave a missing witness instruction regarding the defendant's failure to call his friend to testify.

The Appeals Court held that, on the facts of this case, all foundational requirements for a missing witness instruction were met:

The case against the defendant was strong (the defendant failed three field sobriety tests; an open 40 oz. beer can was found in the car);

The missing witness' testimony was central to corroborate the defendant's testimony;

The defendant knew the witness and was familiar with her whereabouts; and

The proferred explanation for the witness' absence - that she had recently stopped receiving welfare and did not want to miss work - was not terribly plausible, given the fact that the defendant did not seek a continuance to compel her attendance.

Contact your MA OUI Lawyer to learn more about how these OUI Case decisions affect you.

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