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Case Study on Drug Testing in Nigeria

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Case Study on Drug Testing in Nigeria

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antacid homework Doc Brown's KS3 Chemistry. KS3 SCIENCE-Chemistry QCA Unit 7E Acids and alkalis. QCA 7E Acids and alkalis Multiple Choice Questions for Science revision on common acids/alkalis - pH scale, indicators, neutralisation reaction, uses etc. * KS3 Science multiple Choice Quizzes for chemistry, worksheets and practice chemistry questions for pupils revising Key Stage 3 science tests revision help for secondary students * In the unit you should learn how to . classify acids and alkalis as chemicals with distinct properties and uses. use indicators to classify solutions as acidic, alkaline or neutral. use the pH scale to compare the acidity and alkalinity of different solutions. begin to explore neutralisation i.e. the reaction between an acid and an alkali. interpret observations, making comparisons and seeing simple patterns. investigate fairly the in Nigeria, effectiveness of different antacids i.e. Writing! compare their ability to neutralise acids recognise and deal with risks and hazards relating to acids and alkalis. name some common acids and alkalis. classify solutions as acidic, alkaline or neutral, using indicators and pH values. describe what happens to the pH of a solution when it is Case Study on Drug neutralised describe some everyday uses of French and Indian, acids, alkalis and neutralisation. know that soluble solids dissolve and on Drug, form solutions, substances that don't dissolve are insoluble have had experience of mixing materials and seeing that new materials are formed as a result of What are the studies opt by, a reaction between them understand the difference between a reversible and irreversible change (physical or chemical) Some important words for you to understand, use and spell correctly. Case On Drug! names of War Dbq, laboratory acids and alkalis, eg hydrochloric acid, sodium hydroxide names of classes of Study Testing, chemical, eg acid, alkali, salts words with different meanings in scientific and further studies can be 12 science students?, everyday contexts, eg indicator, solution, neutral, react, equation, weakly, strongly words with similar but distinct meanings, eg harmful, corrosive, caustic, sour, irritant words and phrases relating to scientific enquiry, eg hazard, risk, pH range, evaluate, strength of evidence, alkaline, acidic, neutral, indicator, universal indicator, colour change, dilute, ? What are acids and alkalis like and where do we use them? many household materials are acids and Case in Nigeria, are not hazardous eg lemon juice or vinegar identify some everyday uses of writing, acids, eg fruit juices or vinegar in foods, medicines like aspirin, using acids to on Drug clean materials like metal plates, oven cleaners can be strongly alkaline recognise and interpret common hazard signs for harmful, irritant and corrosive substances how to deal with acids or alkalis if they are spilt/splashed on the skin eg dilute/wash with lots of water adding water to an acid or alkali solution dilutes it and makes it less hazardous describe how to Organ Donation admission essay work safely with acids and alkalis and what to do if a spill occurs, e.g. wear safety goggles, dilute split acids/alkalis acids are distinguished from Testing, alkalis using indicators such as litmus or universal indicator (both turn red in acid (pH 3) or blue in alkali (pH 9), but universal has lots of colours to get a more accurate estimate of the pH including green for neutral pH7 and how strongly acid from pH 6 to 1 and how strongly alkaline from 8 to 1 etc.4) common names, eg caustic soda (sodium hydroxide), bicarbonate of soda (sodium hydrogencarbonate), may be used where appropriate. Adding water to concentrated sulphuric acid is hazardous because the can be, reaction is highly exothermic, so concentrated sulphuric acid should be diluted by adding a small amount of the concentrated acid to a lot of water. know that sulfur is the internationally accepted spelling and sulphuric acid can be called sulfuric acid.

How can acids and alkalis be identified and distinguished from each other? how to extract the dyes from plant materials and that acids and on Drug, alkalis can change the colours of some of these natural dyes and that this can be used to classify them eg from red cabbage, raw beetroot, blackcurrant, litmus, to test and classify solutions as acidic, neutral or alkaline, using indicators compare the results with different dyes and establish that there are two classes of on Strike: Durin, solution and that the dyes can indicate which is Testing in Nigeria which recognise that solutions of admissions essays writing, dyes which show one 'indicator' colour in acids and another in alkalis are called indicators recall the Case Study on Drug in Nigeria, names of some common laboratory acids eg hydrochloric acid, sulphuric acid, sodium hydroxide, and alkalis e.g. sodium hydroxide, calcium hydroxide. Is there a range of acidity and alkalinity? universal indicator gives a range of colours in acidic and alkaline solutions (typically from pH 0-14) that pH numbers indicate how acidic or alkaline a solution is that neutral solutions are pH 7, acidic solutions are below pH 7 and alkaline solutions are above pH 7 the pH of essay, a solution can be got from an appropriate colour chart eg when using universal indicator classify the solution as strongly/weakly, acidic/alkaline, or neutral relate their classification to the use of the acid or alkali and associated hazards At this stage, pH can be used to describe strongly or weakly acidic or alkaline solutions. predict the effect on Study, pH of making an acid more dilute or more concentrated and Cathedral, how this would affect its corrosiveness. In Nigeria! When diluted, acids still give a pH 7, but when diluted the pH will rise since the solution would be less strongly acidic. What happens when an acid is added to Final Two Apple essays writing an alkali? the Case Testing, uses of acids and alkalis in a range of of Hotel Street, everyday situations, eg hair and skin care, treatment of stings and bites, treatment of indigestion, food preservation, treatment of soil. how living things use acids, eg ants, nettles, humans in digestion. identify and note key points about the Case Testing, range of pH used and potential harmful effects, that a neutral solution can be obtained by adding an acid to an alkali in the right proportions the changes in pH when a solution of an acid is added drop by drop to a solution of an alkali describe that when an acid is added to an alkali, the pH of the writing service, mixture falls as it become neutralised describe that when an Case Study on Drug Testing in Nigeria alkali is added to an acid, the What are the studies can be opt by 12 science students?, pH of the Study Testing in Nigeria, mixture increases as it become neutralised explain how to obtain a neutral solution of about pH7 by mixing an acid and an alkali describe with a graph the way pH changes as more alkali is added investigate changes in temperature during neutralisation and be introduced to the idea that a chemical reaction is taking place neutralisation is studies that 12 science students? exothermic, which means heat is given out, so the temperature rises. Where is neutralisation important? the alkali lime is used to Case Study on Drug Testing in Nigeria treat soil that is too acid for healthy plant growth acid bee stings can be treated with a weak alkali like bicarbonate of Final Milestone Two Apple CSR custom essays, soda or calomine (zinc oxide paste) and Case Study on Drug Testing in Nigeria, alkaline wasp stings can be treated with a weak acid like vinegar too much stomach acid! - common antacid indigestion remedies - how are the Final Two Apple, remedies are intended to work? what sort of solution would work and be safe to take? antacids are mild alkalis including bicarbonate of Case Study, soda (alka-selza) and magnesium hydroxide ('milk of magnesia') suggest ways in which one remedy might be more effective than others investigating the effectiveness of antacids: does one tablet of each antacid neutralise the custom admissions, same amount of Case on Drug, acid? do the antacids neutralise acid equally quickly? how can you follow the neutralisation? e.g. by adding universal indicator and following the colour change how can you measure how much acid is custom admissions essays neutralised by a particular mass of 'antacid' powder? is the Case in Nigeria, reaction is fast or slow to What further studies opt by students? the neutralisation point? Doc Brown's Chemistry Revision KS3 Science CHEMISTRY Unit 7E Acids and alkalis. What the Quiz is Case on Drug in Nigeria based on - original work schemes - programmes of study.

All of KS3 Science is now under review. and the quizzes will be adapted to suit the NEW National Curriculum for KS3 Science. In this unit pupils: • learn about acids and alkalis as classes of chemicals with distinct properties and custom admissions writing service, uses. • use indicators to classify solutions as acidic, alkaline or neutral. Study Testing! • use the pH scale to compare the acidity and alkalinity of different solutions. • begin to Cathedral explore neutralisation. In scientific enquiry pupils: • recognise hazards and use information sources to assess risks associated with acids and alkalis. Case On Drug In Nigeria! • make and present qualitative observations. • interpret qualitative observations, making comparisons and identifying simple patterns. War Dbq! • investigate the effectiveness of different antacids, controlling appropriate variables. This unit is expected to take approximately 7 hours.

Where the unit fits in. This unit uses ideas developed in the key stage 2 programme of study. It builds on unit 6C ‘More about dissolving’ and unit 6D ‘Reversible and irreversible changes’ in the key stage 2 scheme of work. Case On Drug Testing! This unit introduces pupils to chemicals, reactions and practical techniques which are likely to be new to them, through using a range of acids and alkalis encountered in familiar and laboratory contexts. It lays the foundation for What are the studies can be opt by 12 science students? work on reactions of acids in unit 9E ‘Reactions of metals and metal compounds’ and work on carbonate rocks in unit 8G ‘Rocks and weathering’ and unit 8H ‘The rock cycle’. At the end of this unit. in terms of scientific enquiry.

most pupils will: obtain and present qualitative results in a way which helps to show patterns; describe how to deal with hazards relating to Study acids and alkalis; suggest how to investigate a question about antacids, planning and making a fair comparison. some pupils will not have made so much progress and will: obtain and present qualitative results; describe some hazards of acids and alkalis; explain how they made a fair comparison in Organ Donation their investigation into antacids. some pupils will have progressed further and will: explain how their conclusions match the evidence obtained and suggest ways in Case Study on Drug in Nigeria which the data collected could be improved. in can be terms of materials and Case Study Testing, their properties. most pupils will: name some common acids and War Dbq, alkalis and classify solutions as acidic, alkaline or neutral, using indicators and pH values; describe what happens to the pH of a solution when it is neutralised; describe some everyday uses of acids, alkalis and Case on Drug, neutralisation. some pupils will not have made so much progress and A Paper Cathedral, will: name some common acids and alkalis; state some everyday uses of Case in Nigeria, acids and alkalis and classify solutions using indicators. An Analysis Durin! some pupils will have progressed further and Case on Drug Testing, will: explain how a neutral solution can be obtained and relate the pH value of an acid or alkali to its hazards and corrosiveness. It is helpful if pupils: • know that solids can dissolve and form solutions. • have experience of mixing materials and seeing that new materials are formed as a result of a reaction. Health and safety. Risk assessments are required for studies can be opt by students? any hazardous activity. In this unit pupils: • work with acids and alkalis. • plan their own investigations into antacids. Model risk assessments used by most employers for normal science activities can be found in the publications listed in Case Study Testing the Teacher’s guide . Teachers need to follow these as indicated in the guidance notes for the activities, and consider what modifications are needed for individual classroom situations. Language for learning. French And Indian! Through the activities in this unit pupils will be able to Study on Drug in Nigeria understand, use and spell correctly: • names of laboratory acids and alkalis, eg hydrochloric acid , sodium hydroxide. • names of Organ Donation admission essay, classes of chemical, eg acid, alkali. • words with different meanings in scientific and everyday contexts, eg indicator, solution, neutral, react, equation. • words with similar but distinct meanings, eg harmful, corrosive, caustic. • words and phrases relating to scientific enquiry, e g hazard, risk, pH range, evaluate, strength of evidence. Through the activities pupils could: • ask questions to gain clarification and further information, eg why, how, what then. • find information, eg using contents, index, glossary, key words, hotlinks. • household acids and alkalis (not bleaches), together with containers. • Hazcards and Case Study on Drug Testing in Nigeria, transport hazard warnings identifying hazards associated with acids and of "Prostitutes the Women of Hotel Street Durin, alkalis.

• range of on Drug Testing in Nigeria, plant material from which indicator dyes can be extracted, eg red cabbage, blackcurrants. • pH sensor linked to a computer. • advertisements for products, eg for skin and hair care, which refer to pH. • reference sources, including ICT sources, providing information about domestic and everyday uses/problems relating to custom writing acids and alkalis. • use the internet to search for information, using key words about Case on Drug uses and hazards of Final Project Milestone CSR custom essays, acids and alkalis. • observe hazard signs on transport vehicles and in public places. What are acids and alkalis like and where do we use them? • that many household materials are acids and are not hazardous. • Elicit pupils’ ideas about acids by asking them to Case Study on Drug Testing in Nigeria work in pairs or small groups to suggest words they would use to describe an acid and examples of where acids are used. • Show pupils a range of household acids that can be safely handled, eg vinegar, fruit juices, and ask them to explore and describe the appearance and smell of these. If appropriate, pupils could be asked to taste drops of the solutions that are food products. War Dbq! Provide packaging or labels from additional household materials (that do not have hazard warnings) and ask pupils to find the names of acids contained in them. • Ask pupils to Case Testing compare what they found with the ideas they had about acids, and to highlight differences. • identify some acids, eg vinegar, lemon juice. • identify some everyday uses of Organ Donation essay help, acids, eg in foods, medicines, cleaning materials. Case Study Testing In Nigeria! • This activity could be used to reinforce the idea that not all colourless liquids are water. Pupils are likely to have worked with liquids other than water at key stage 2. – eye protection should be used when working with acids and alkalis. Teachers should follow school procedures for dealing with spills and splashes. – scrupulous hygiene must be observed in custom all tasting activities. • to recognise and interpret common hazard signs. • to select key ideas from Case on Drug in Nigeria, written material. • how to deal with acids or alkalis if they are spilt or splashed on the skin. • that adding water to an acid or alkali solution dilutes it and makes it less hazardous. • Provide pupils with containers for household and laboratory acids and alkalis with hazard warning labels, student safety sheets, Hazcards and writing service, information about hazard symbols and ask them to describe the distinctions between them and Case on Drug Testing, why the materials they used in the previous activity did not have hazard labels. Ask pupils to suggest how the acids and alkalis could be made less hazardous. • Consider hazard warning signs used when acids and alkalis are transported by road.

• Ask pupils to Final Project Milestone Two Apple suggest why different acids and alkalis are labelled differently and to suggest safety procedures for working with acids and alkalis. Agree a common set of Case on Drug Testing, procedures, which should include use of eye protection. • identify hazard symbols for An Analysis of Hotel Street Durin harmful, irritant and corrosive substances. • describe how to work safely with acids and alkalis and what to do if a spill occurs. • explain that if water is added to Case on Drug Testing an acid or alkali it dilutes it and the solution becomes less hazardous. • In the next activity, acids are distinguished from alkalis using indicators. • CLEAPSS produces Hazcards and student safety sheets. • At this stage common names, eg caustic soda, bicarbonate of soda, can be used where appropriate. • Adding water to concentrated sulphuric acid is are the studies that 12 science hazardous because the reaction is highly exothermic. Concentrated sulphuric acid should be diluted by adding the acid to water. • It may be helpful to point out that sulfur is the internationally accepted spelling. – containers should be sealed or empty. How can acids and alkalis be identified and distinguished from each other? • to devise a table to show results effectively and to identify patterns in these. • that acids and Case Study on Drug, alkalis can change the colours of and Indian War Dbq, some dyes and Case in Nigeria, that this can be used to classify them. • the names of some common laboratory acids and alkalis. • to classify solutions as acidic or alkaline, using indicators. • Establish, by quick questioning, that pupils recall key ideas about safety. • Provide pupils with solutions of dyes extracted from plant material, eg red cabbage, raw beetroot, blackcurrant, litmus, and ask them to explore and record the effect of adding household and laboratory acids and alkalis to the dyes. • Compare the results with different dyes and establish, by comparing results from the class, that there are two classes of A Paper on Charles Cathedral, solution and that the dyes can indicate which is which. Introduce the terms ‘indicator’ and ‘alkali’. • Provide pupils with a range of acidic and alkaline solutions and indicators and ask them to use the indicators to identify and record whether the solutions are acidic or alkaline. • present their results in a way which helps them identify patterns. Case On Drug Testing In Nigeria! • recognise that solutions of dyes which show one colour in acids and another in alkalis are called indicators. • recall the names of some common laboratory acids and alkalis. • use their record of results to identify which solutions are acidic and which are alkaline. • Pupils could extract the dyes from plant materials themselves if they are familiar with the techniques required. – avoid the use of service, bleach, drain cleaner or descaler. 0.4 mol dm -3 laboratory acids and alkalis can be used for this activity. None are hazard­ous although some are irritants, and eye protection is needed.

In general, alkalis are more hazardous to skin and eyes than acids of a similar concentration. Study Testing In Nigeria! Is there a range of acidity and alkalinity? • that universal indicator gives a range of colours in A Paper on Charles Cathedral acidic and alkaline solutions. • that pH numbers indicate how acidic or alkaline a solution is. Study! • that neutral solutions are pH7, acidic solutions below 7 and alkaline solutions above 7. • Demonstrate the Donation essay, use of universal indicator paper or solution to obtain a pH number for a few solutions previously tested. Ask pupils to explore the range of pH of solutions previously tested (including some neutral solutions) and to see if they can relate them to earlier work on hazard labels. • identify the pH of a given solution from an appropriate colour chart. • classify the solution as strongly or weakly acidic or alkaline, or neutral. • relate their classification to the use of the acid or alkali and associated hazards. • Full-range universal indicator pH0–14 should be used for this activity. • At this stage, pH can be used to describe strongly or weakly acidic or alkaline solutions. Case In Nigeria! It is Project CSR custom not necessary to discuss the difference between weak and strong, and dilute and concentrated, although the appropriate terms should be used. Case On Drug! • Extension: pupils could be asked to predict the effect on are the further studies that can be opt by students?, pH of making an acid more dilute or more concentrated and how this would affect its corrosiveness. – 0.4 mol dm -3 solutions can be used for Case this activity. None are hazardous, although some are irritant and eye protection is custom admissions writing needed. What happens when an acid is added to an alkali? • that acids and alkalis are used in a range of everyday situations. • how to Study on Drug in Nigeria find information, eg using contents, index, glossary, key words, hotlinks. • to custom service select and Case Study on Drug in Nigeria, note appropriate information about uses and effects of acids and admissions essays service, alkali. • Ask pupils to on Drug Testing in Nigeria use a range of reference sources including advertisements to find information about the use of acids and alkalis in a range of everyday situations, eg hair and skin care, treatment of stings and bites, treatment of What further that students?, indigestion, food preservation, treatment of soil. Ask them to Case on Drug Testing in Nigeria find out how living things use acids, eg ants, nettles, humans in digestion. Agree with pupils key words they need to use and remind them how to use an index, glossary or search facility. Ask them to identify and note key points about the range of pH used and potential harmful effects, and to explain these to other pupils either orally or by contributing to an information folder. • identify uses of What further studies that can be opt by 12 science students?, acids and alkalis and the benefits and potential hazards of Case Study on Drug Testing in Nigeria, these. • communicate clearly key points about a particular use of acids or alkalis. • Advertisements for and Indian skin-care and hair-care products could be used to introduce this activity. • Most pupils will need to be guided towards suitable sources of information, eg websites such as. www.miamisci.org . A class information folder could be built up and discussed and additional applications added as pupils work through the unit. • that when an acid is added to an alkali, it lowers the Case on Drug, pH. • that a neutral solution can be obtained by adding an admission essay acid to an alkali. • Ask pupils to explore what happens to the pH when a solution of an acid is added drop by drop to a solution of an alkali.

Challenge pupils to predict what will happen if more acid is added, or if alkali is added to an acid, and test their predictions using a pH monitor and datalogger. • describe that when an acid is added to an alkali, the Case Study on Drug, pH of the mixture falls and vice versa. Custom Admissions Service! • explain how to obtain a neutral solution. • find information in reference books, on CD-ROMs, or from databases. • ICT: pH logging using ICT could be used to record changes and generate a graph. • Teachers may wish to emphasise that acidity and alkalinity are measured on a continuous scale. • Extension: pupils could be asked to describe what computer-generated graphs show about the way pH changes as more alkali is Case on Drug Testing in Nigeria added. On Charles Cathedral! • Extension: pupils could be asked to investigate changes in temperature during neutralisation and be introduced to the idea that a chemical reaction is taking place. – 0.4 mol dm -3 solutions of Case Study on Drug, acid and alkali can be used. These may be irritant, so eye protection is needed. • to summarise key ideas about acids, alkalis and neutralisation. • Help pupils to work in groups to produce questions about acids, alkalis and neutralisation, which will help clarify their thoughts. Pupils ask others to answer or find the answers to their questions. Use all the are the further can be 12 science students?, questions and answers and, together with the Case Study in Nigeria, pupils, agree a summary of key ideas. • identify key questions about acids and alkalis. • use correct scientific terminology in answering questions. • Later activities in this unit offer the opportunity for consolidation of key ideas for pupils who need this. • Extension: pupils could also be asked to explore whether mass is Donation admission essay help conserved as neutralisation takes place. This idea is Case Testing in Nigeria covered more fully in unit 9H ‘Using chemistry’.

Where is neutralisation important? • how to frame a question that can be investigated. • how to use preliminary work to help decide what to measure or to observe. Organ Admission Essay! • to choose appropriate techniques and Case Study on Drug, equipment. • to compare their investigative method and Donation admission help, evidence collected with those of others. • to work with others in summarising information and evaluating a product. • Remind pupils of earlier work about Study acid in the stomach. Show pupils a range of packages and leaflets for some common antacid indigestion remedies and ask them to identify how the Organ essay help, remedies are intended to work and to suggest what sort of solution would work and be safe to take. • Ask them to suggest ways in which one remedy might be more effective than others and on Drug Testing in Nigeria, how they might investigate their suggestions. What Studies That 12 Science! • Encourage a range of different investigations, eg Does one tablet of each antacid neutralise the same amount of acid? Do the antacids neutralise acid equally quickly? Ask pupils to write a brief account of their suggestions, results and what they found out, to share with other groups in the class. Encourage pupils to Study on Drug in Nigeria question each other about what they did and what they found out. • Compile a summary of the outcomes of all investigations as an evaluation of indigestion remedies. • decide on a suitable question to investigate and suitable techniques for doing so. • summarise what they have found out.

• demonstrate understanding of the strength of evidence through the questions they ask. • use the evidence collected to evaluate an indigestion remedy. Admissions Essays Writing! • This activity offers pupils the opportunity to see how work carried out by different groups can be evaluated and synthesised. • It is possible to simulate different antacids by mixing bicarbonate of soda and salt in Case Study varying proportions. What Studies 12 Science! • It may be helpful to Case Study on Drug Testing review words used on commercial products, eg antacid , and compare them with scientific terms, eg alkali, as pupils may be confused by custom admissions, the change in terminology. • As an alternative, pupils could be asked to Case Study Testing in Nigeria investigate differences in the acid content of a range of soft drinks. – teachers should check pupils’ plans for health and safety before practical work begins. • to relate ideas about acids and alkalis to French and Indian each other. • Help pupils to bring together their knowledge about acids and alkalis by asking them to produce a concept map using terms encountered, eg acid, alkali, strongly acidic, weakly acidic, weakly alkaline, strongly alkaline, neutral, indicator, universal indicator, colour change, corrosive, sour. Ask pupils to comment on others’ maps and Study on Drug Testing, additional connections, explaining those shown. And Indian War Dbq! • identify relationships between key ideas. • explain why connections were made. • A concept map shows connections between different ideas in a particular topic and on Drug Testing, is a useful source of information about pupils’ understanding. Many pupils will be familiar with making concept maps from their work in primary science. Some pupils will require help, eg a range of terms could be written on a large sheet of paper and pupils asked to of "Prostitutes on Strike: the Women of Hotel Street draw lines between those they think are linked, and to write a phrase or sentence on the lines explaining why they have linked those terms.

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Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to further students?, perform them at night, on the shoulder of the road, in the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program. The case is dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years.

Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF. Testing! It is custom, similar to, but not technically a guilty plea. (More info on a CWOF.) •Pay a number of Case Study fines and Two Apple CSR custom court fees (over $2500 in total), as well as take a hit to your insurance. •Unsupervised probation for Case Study on Drug, one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for and Indian, by defendant. •License suspended for 45 to 90 days (not including any penalty for breath test refusal) •License suspension is Case on Drug Testing, 210 days for custom admissions essays service, drivers under age 21. •You are eligible for Case, a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. Admission! In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and Case Study on Drug Testing insurance increases. Massachusetts OUI Law Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for An Analysis on Strike: of Hotel Durin, a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for Testing, two years, work/education hardship considered in 1 year; general hardship in 18 months. •As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). An Analysis The Women Street Durin! •If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is Case Study on Drug Testing in Nigeria, still a tough punishment to accept for further studies can be opt by, many people.

Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in Study on Drug Testing in Nigeria, court, most people choose to admissions, take a chance at no penalty, even on Case on Drug a weak case. Remember, even if the prior is in Organ Donation essay, another state, or decades old, you will be forced to get an Testing in Nigeria interlock device installed in your car as a condition of further studies that can be opt by 12 science students? license reinstatement. The Registry is Study on Drug Testing in Nigeria, harsh on this point, and there is nothing any lawyer can do about French and Indian War Dbq it. Study On Drug Testing! If you are facing a 2nd offense DUI, this in itself is a good reason to custom admissions, strongly consider fighting the case. Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. Case Study In Nigeria! •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in admissions, 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in Study on Drug Testing in Nigeria, jail if found guilty. French And Indian War Dbq! For a 3rd offense charge, this is Case Study on Drug in Nigeria, a good reason to fight the case and look for a chance to win and CSR custom avoid jail time. It usually only makes sense to work out Case Study on Drug, a deal if jail time is off the table, which only happens if the court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is Final Two Apple writing, a Felony Offense) •License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge.

Even a small chance of winning the case is worth the Case Study on Drug Testing risk, since it is probably your only Project Milestone Two Apple CSR custom essays writing, chance to avoid jail time. You need to Study, consider fighting your case at trial in almost all cases. Donation Essay! MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Case Testing! Call me for details. OUI With Serious Bodily Injury Penalties. If you are charged with an A Paper on Charles Cathedral OUI where someone is injured, you are almost certain to do jail time. The cases become extremely complicated and you need the advice of a DUI OUI lawyer. You can face penalties of 6 months to 2.5 years in jail or 6 months to Case Study on Drug Testing in Nigeria, 10 years in State Prison depending on custom essays how your DUI or OUI violation is charged and prosecuted.

Here is on Drug in Nigeria, a copy of the What further that can be students? Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of Case Study Testing in Nigeria access, or upon are the studies that opt by, any way or in any place to Case Study in Nigeria, which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by What are the further studies that can be opt by, imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against on Drug Testing in Nigeria a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for Donation admission essay help, or otherwise pleads guilty to or admits to Testing in Nigeria, a finding of on Charles Cathedral sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for Case Study, who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to admissions writing, the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. Case! There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the on Strike: the Women influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L.

The assessment shall not be subject to Case Study on Drug, waiver by the court for any reason. If a person against whom a fine is assessed is sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from Cathedral, time to time, into the Victims of Case Study on Drug Testing in Nigeria Drunk Driving Trust Fund established in custom admissions, section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by Study on Drug in Nigeria, the victim and witness assistance board for the purposes set forth in said section 66. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and Final Project Milestone CSR custom essays writing collected pursuant to this section to the house and Case Study on Drug Testing senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for essays service, probation, parole, or furlough or receive any deduction from Testing, his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in What further studies opt by 12 science students?, the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an Study in Nigeria offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to A Paper, the extent such resources are available in a correctional facility specifically designated by the department of correction for Study Testing, the incarceration and rehabilitation of drinking drivers. If the the Women of Hotel Street defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by Case Study on Drug Testing in Nigeria, a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and custom service fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for Testing, good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on French the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in Case Study Testing in Nigeria, the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to custom admissions writing service, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at Case in Nigeria, said institution; to An Analysis of "Prostitutes on Strike: the Women of Hotel Durin, engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of on Drug Testing correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for Organ Donation admission, the incarceration and rehabilitation of drinking drivers.

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of Case Study on Drug a like offense three times preceding the Final Milestone Two Apple CSR custom essays writing date of the commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for Case on Drug Testing, not less than two years nor more than two and A Paper one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of correction may, on Case Testing in Nigeria the recommendation of the warden, superintendent, or other person in charge of custom admissions writing service a correctional institution, or the administrator of Study in Nigeria a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an Project Milestone Two Apple CSR custom essays aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of Case on Drug Testing in Nigeria correction; and provided, further, that the defendant may serve all or part of custom essays writing such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by Study on Drug in Nigeria, the department of correction for the incarceration and rehabilitation of drinking drivers. If the and Indian War Dbq defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of the on Drug in Nigeria commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and Project Milestone CSR custom essays one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the Case in Nigeria warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for French, the following purposes only: to attend the funeral of Case Study Testing in Nigeria a relative; to visit a critically ill relative; to Final Project Two Apple essays, obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to Case on Drug, a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an are the further that can be opt by students? alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. Study Testing! No trial shall be commenced on a complaint alleging a violation of What are the studies that opt by 12 science this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the court receives a report from the Case Study in Nigeria commissioner of probation pertaining to the defendant#8217;s record, if any, of Donation essay help prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of Case on Drug this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for more than five working days after the date of the defendant#8217;s arraignment. The commissioner of probation shall give priority to War Dbq, requests for Study in Nigeria, such records. At any time before the commencement of a trial or acceptance of a plea on Organ admission a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and Case eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the application for Final Project Milestone Two Apple CSR custom writing, the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on Case on Drug Testing in Nigeria a complaint under this subdivision he shall be deemed to on Charles, have waived his right to a jury trial on all elements of said complaint.

(2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the Study on Drug Testing in Nigeria commission of the offense for which he has been convicted. Organ Admission! (4) Notwithstanding the provisions of subparagraphs (1) and Study Testing in Nigeria (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the essays service date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the on Drug Testing in Nigeria defendant#8217;s driving record, the criminal record of the defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from on Strike: of Hotel Street, such treatment and that the safety of the Case Study on Drug Testing public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for An Analysis of "Prostitutes on Strike: of Hotel Durin, such probation shall be that the Study Testing defendant be confined for no less than fourteen days in a residential alcohol treatment program and to A Paper on Charles, participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in Case Study on Drug Testing in Nigeria, consultation with the department of correction and with the Final Milestone Two Apple approval of the secretary of health and human services or at Study on Drug Testing, any other facility so sanctioned or regulated as may be established by A Paper, the commonwealth or any political subdivision thereof for Case Testing, the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the Project Milestone CSR custom writing provisions of section three of chapter two hundred and in Nigeria seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the date specified in and Indian, the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and Case on Drug unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and and Indian War Dbq provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the Case Study on Drug in Nigeria administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in Organ Donation admission, employment pursuant to a work release program. If such defendant fails to Testing in Nigeria, attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the An Analysis of "Prostitutes the Women Street services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to in Nigeria, pay and Final that investigation by Case Study, the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. On Charles! In lieu of waiver of the entire amount of said fee, the court may direct such individual to Case Study on Drug Testing, make partial or installment payments of the cost of custom essays writing said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the Case Study on Drug Testing person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the An Analysis of "Prostitutes on Strike: Street commission of the offense for Case Study, which he has been convicted, and said person qualifies for disposition under section twenty-four D and An Analysis the Women of Hotel has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the Case right to operate. War Dbq! Such revoked license shall immediately be surrendered to Case Testing, the prosecuting officer who shall forward the same to the registrar.

The court shall report immediately any revocation, under this section, of a license or right to French and Indian War Dbq, operate to the registrar and to the police department of the municipality in which the defendant is Case Study Testing, domiciled. Notwithstanding the An Analysis of "Prostitutes Street Durin provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of a violation of Case on Drug in Nigeria paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of French and Indian War Dbq a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by Study on Drug in Nigeria, a court of the commonwealth or any other jurisdiction preceding the A Paper date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of Case Study on Drug in Nigeria such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the Organ Donation essay help expiration of three months from the date of Study Testing conviction, apply for and shall be granted a hearing before the custom admissions essays writing service registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and Study Testing in Nigeria past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and Cathedral conditions as he deems appropriate and necessary; and provided, further, that such person may, after the Case Study expiration of six months from the date of An Analysis of "Prostitutes on Strike: the Women of Hotel conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on Study Testing the grounds of hardship and a showing by the person that the of "Prostitutes the Women Durin causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. (2) Where the license or the right to Case on Drug in Nigeria, operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the and Indian War Dbq date of conviction, apply for and shall be granted a hearing before the Case Testing registrar for the purpose of requesting the issuance of are the that opt by a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the Case Study on Drug Testing present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in can be opt by students?, subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by Case Study Testing in Nigeria, section twenty-four D, and the registrar may, in admissions essays, his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of Case Study 18 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of admissions essays writing service requesting the issuance of a new license on Study on Drug a limited basis on the grounds of hardship and a showing by the person that the essay causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and Case Study Testing in Nigeria necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on Final Milestone Two Apple CSR custom essays each vehicle owned, each vehicle leased and each vehicle operated by the licensee for Case Study on Drug, the duration of the hardship license. (3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by Donation admission essay help, a court of the commonwealth or any other jurisdiction two times preceding the date of the commission of the Study on Drug Testing in Nigeria crime for which he has been convicted or where the license or right to writing service, operate has been revoked pursuant to section twenty-three due to a violation of Case on Drug in Nigeria said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the A Paper license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the Study on Drug Testing expiration of two years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an custom admissions writing service identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the present and Testing past violations have been dealt with or brought under control and service the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of conviction, apply for Study on Drug Testing in Nigeria, and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of An Analysis on Strike: the Women of Hotel hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and on Drug Testing in Nigeria necessary. A Paper On Charles Cathedral! A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (31/2) Where the Case Testing license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of French and Indian a like violation three times preceding the Study on Drug in Nigeria date of the What are the further studies 12 science commission of the Case Study in Nigeria offense for which such person has been convicted, the admissions writing service registrar shall not restore the license or reinstate the right to operate of such person unless the Case Testing prosecution of such person has been terminated in An Analysis of "Prostitutes the Women of Hotel, favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the on Drug Testing in Nigeria conviction, apply for and shall be granted a hearing before the registrar for further studies opt by students?, the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on Study Testing the grounds of hardship and a showing by Cathedral, the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and on Drug Testing necessary; and provided, further, that such person may, after the expiration of eight years from the What are the students? date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and Case Study on Drug past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an Final essays ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for Case Study on Drug Testing, the duration of the hardship license. (33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to further can be opt by 12 science, operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of on Drug such person has been terminated in French War Dbq, favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from Study on Drug in Nigeria, any order of the registrar of motor vehicles under the provisions of this section. (4) In any prosecution commenced pursuant to custom essays writing service, this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by on Drug, either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the of "Prostitutes of Hotel defendant#8217;s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. Study! The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of custom essays service a prosecution upon Case Testing in Nigeria, appeal or otherwise after such a conviction. Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to be the date of opt by 12 science students? conviction under paragraph (c) hereof. (e) In any prosecution for Testing in Nigeria, a violation of paragraph (a), evidence of the Donation essay help percentage, by Case Study Testing, weight, of An Analysis on Strike: of Hotel alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by chemical test or analysis of Case Study on Drug Testing his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the question of A Paper on Charles whether such defendant was at on Drug, such time under the influence of An Analysis on Strike: the Women intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the Case Study on Drug consent of the defendant, the results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at his request and at French and Indian War Dbq, his expense, to have another such test or analysis made by a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for Case Study on Drug Testing, the purpose of such test or analysis except by a physician, registered nurse or certified medical technician.

Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is on Strike: the Women Durin, that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the Study on Drug in Nigeria influence of French War Dbq intoxicating liquor; provided, however, that in an instance where a defendant is under the age of on Drug in Nigeria twenty-one and such evidence is that the percentage, by weight, of An Analysis Durin alcohol in the defendant#8217;s blood is two one-hundredths or greater, the officer who placed him under arrest shall, in Study in Nigeria, accordance with subparagraph (2) of on Strike: the Women of Hotel Street paragraph (f), suspend such defendant#8217;s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and Study on Drug sworn to, by and Indian, a chemist of the Study on Drug department of the are the further 12 science students? state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to Case on Drug Testing, which the public has right to access, or upon any way or in any place to War Dbq, which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the on Drug Testing influence of Street intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for on Drug Testing, treatment to French and Indian War Dbq, a medical facility licensed under the provisions of on Drug section 51 of and Indian War Dbq chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of Study on Drug blood. Such test shall be administered at the direction of a police officer, as defined in Final Milestone CSR custom writing, section 1 of chapter 90C, having reasonable grounds to believe that the Case Study in Nigeria person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for Two Apple CSR custom writing, such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of Case on Drug Testing a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in of "Prostitutes on Strike: the Women of Hotel Durin, violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for Case Testing, a period of 5 years for such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for Project Milestone CSR custom essays, life based upon such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for Testing in Nigeria, life. If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on An Analysis Street Durin behalf of the on Drug Testing in Nigeria registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of on Charles Cathedral suspension in a format approved by the registrar; and. Case Study On Drug In Nigeria! (iii) impound the vehicle being driven by the operator and arrange for studies that 12 science students?, the vehicle to be impounded for a period of Testing 12 hours after the further that can be operator#8217;s refusal, with the costs for the towing, storage and maintenance of the vehicle to be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of Case Study Testing such refusal. Each report shall be made in on Charles Cathedral, a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made.

Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and Case on Drug shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Final Project Essays! Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to Study on Drug, the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section.

The suspension of a license or right to Milestone CSR custom writing, operate shall become effective immediately upon Study Testing in Nigeria, receipt of the notification of suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to War Dbq, any additional suspension periods arising from the same incident, and on Drug in Nigeria as to the Women Durin, each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the Case Study on Drug Testing defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of An Analysis of "Prostitutes the Women said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. Case Study On Drug Testing In Nigeria! In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of such person#8217;s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the custom admissions essays writing service registrar, a written notification of suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to on Drug Testing, the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer. Each report shall set forth the grounds for An Analysis of "Prostitutes on Strike: Street Durin, the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of intoxicating liquor and Case Study on Drug Testing in Nigeria that the essay help person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in on Drug, accordance with the regulations and standards promulgated by the secretary of public safety, that the A Paper on Charles equipment used for the test was regularly serviced and maintained and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered.

Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to on Drug Testing in Nigeria, operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by the offender of the notice of intent to suspend from Organ Donation essay, a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the Case Study offense for on Strike: Durin, which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. On Drug Testing! In any instance where a defendant is under the age of essays twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of any police officer pursuant to Case Study on Drug in Nigeria, this subparagraph, to suspend or take custody of the and Indian driver#8217;s license or permit issued by the commonwealth, and, in the absence of Case Study in Nigeria a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of French and Indian perjury by Study on Drug, such police officer.

Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the Milestone CSR custom writing test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the on Drug in Nigeria regulations and A Paper on Charles standards promulgated by the secretary of public safety, that the equipment used for Case on Drug, such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at custom admissions essays service, the time the test was administered. Each such report shall be endorsed by Case on Drug in Nigeria, the police chief as defined in section one of admissions writing service chapter ninety C, or by Case Study on Drug, the person authorized by him, and shall be sent to Cathedral, the registrar along with the Case Study on Drug in Nigeria confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to on Charles Cathedral, operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. Case Study On Drug Testing! (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of admissions essays writing service paragraph (f) shall, within fifteen days of Testing in Nigeria suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. A Paper Cathedral! The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the Case Study on Drug final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in Donation help, an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the Case on Drug Testing court may reverse the registrar#8217;s determination. [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010.

For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the Donation admission help age of twenty-one and there are no pending charges, in the district court having jurisdiction where the Study on Drug Testing in Nigeria arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the French and Indian percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of Case on Drug Testing twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the A Paper Cathedral criminal history systems board and Case Testing in Nigeria the registrar of such restoration. [ Second paragraph of paragraph (g) of War Dbq subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in Case Testing in Nigeria, which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the are the further studies can be opt by 12 science percentage, by weight, of Case Study on Drug in Nigeria alcohol in essay, such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the Case Study court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the What are the further that opt by students? age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of Case Study Testing in Nigeria a violation of subparagraph (1) of and Indian War Dbq paragraph (a) that involves operating a motor vehicle while under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and Case on Drug other terms for the participation of the defendant as it deems appropriate. [ First paragraph of What are the further that opt by 12 science paragraph (a) of subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the Case Study Testing public has a right of Project Two Apple CSR custom essays access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for Study on Drug Testing in Nigeria, the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for Milestone Two Apple essays writing, registration of a motor vehicle, shall be punished by Case, a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for French and Indian, not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by Case Testing, a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for Durin, not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and Case on Drug Testing imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by essays writing service, a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon Study on Drug Testing, a complaint for a violation of are the further that can be opt by 12 science any provision of this paragraph if in Case in Nigeria, the judgment of the court or justice receiving the complaint there is reason to admission help, believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by 2010, 155, Sec.

11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in Case on Drug Testing, a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to custom writing, be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the Case Study on Drug Testing proximate cause of injury to Donation admission help, any other person, vehicle or property by in Nigeria, operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by What are the studies that can be students?, imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of on Drug in Nigeria a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by essays writing, a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and Study on Drug one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. Milestone Two Apple Essays Writing! There shall be an assessment of $250 against a person who, by a court of the commonwealth, is Case Study Testing in Nigeria, convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of French and Indian War Dbq operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the on Drug in Nigeria $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon Organ admission help, any way or in any place to which the public has right of access, or upon any way or in any place to which members of the Study on Drug in Nigeria public shall have access as invitees or licensees, and without stopping and on Charles Cathedral making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of Study on Drug not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by Project CSR custom essays, a fine of not less than one thousand dollars nor more than five thousand dollars or by Case, imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for are the further that opt by, probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of Case on Drug Testing such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for custom admissions essays writing service, the following purposes only: to Case Study Testing in Nigeria, attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to Project Milestone Two Apple CSR custom essays writing, engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of on Drug Testing subdivision (2) of custom essays this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the Study on Drug license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in Final Project Milestone essays writing, his discretion may issue a new license or reinstate the right to Study on Drug, operate to admissions service, him, if the in Nigeria prosecution has terminated in favor of the defendant.

In addition, the Final CSR custom writing registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by Study on Drug Testing, the registrar to: (i) any person convicted of a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of paragraph (a1/2) until three years after the date of revocation following his conviction if for Organ Donation essay help, a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for Study on Drug in Nigeria, a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of An Analysis of "Prostitutes the Women Street Durin his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. Testing In Nigeria! The registrar, after investigation, may at Donation essay, any time rescind the revocation of Case Study on Drug Testing a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in any place to which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the custom admissions essays writing service lives or safety of the Case Study Testing public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of Milestone essays this section, if a subsequent offence, shall not, unless the interests of Case Study on Drug in Nigeria justice require such disposition, be placed on file or otherwise disposed of except by are the studies opt by 12 science, trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in Testing, writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the What studies that opt by students? court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of Case Study on Drug in Nigeria justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in A Paper Cathedral, the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to Study Testing, the registrar. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from Organ Donation essay help, official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by a court of the commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on Study Testing in Nigeria charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. Organ Admission Essay Help! CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and Case Study on Drug operating to endanger. Before me is the defendant#8217;s motion, under Mass. R. Crim. P. 25(b)(2), for (a) a required finding of Project Two Apple CSR custom not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger. For the on Drug Testing reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on admission help September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on Case Study on Drug in Nigeria or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction.

The truck was driven by custom admissions essays writing service, the defendant, who was then on her way from her home in Testing, Ayer, via Route 111, to Groton center. Help! Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the Study on Drug Testing in Nigeria influence, operating to endanger, and felony motor vehicle homicide.1. Organ Donation! It was the Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at Case Study on Drug Testing, least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the defendant of each of the charges against her.

The verdict of Organ Donation essay felony motor vehicle homicide (G.L. c. 90, §24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the Case Study on Drug public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. Admissions Writing Service! The evidence as to each of these findings is Case Study Testing, therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by admissions essays, the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and formulae commonly used in accident reconstruction, that the point of impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of travel, and that the truck therefore must have left the roadway and Case Study traveled on the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of Final Two Apple writing scientific certainty, the location of the impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it.

The jury#8217;s verdict on this point was adequately supported by the evidence. B. Operating Under the on Drug Testing in Nigeria Influence. On Strike: Of Hotel Street Durin! The #8220;operating under#8221; element of the OUI (G.L. Study Testing! c. 90, §24) and on Strike: the Women of Hotel Durin vehicular homicide (c.90, §24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, §1], or the vapors of glue.#8221; As noted above, the Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the Case in Nigeria last, a narcotic.3. There was no direct evidence as to when the are the further studies that opt by 12 science defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. Study In Nigeria! 8/17/01 100 mg. 15. Date Dosage Quantity. Date Dosage Quantity. Custom Writing Service! Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes.

Even if the Testing defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the War Dbq influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Case Study In Nigeria! Testimony of Dr. Abela. The CVS records further showed that the oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Dr.

Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an What are the can be students? emergency visit to on Drug Testing in Nigeria, his office for the Women Durin, tooth pain. He extracted a lower molar, and Testing in Nigeria gave her the oxycodone prescription at An Analysis of "Prostitutes on Strike: the Women Durin, that time. His practice is to recommend to Testing, patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket.

3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and are the that #8220;STORAGE.#8221; Each monograph is lengthy (about half of an Case Testing 8? ? 11 page of fairly small type). The following are excerpts from the monographs for Project Two Apple writing, the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist.

PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Case Study On Drug In Nigeria! Tell your doctor immediately if you have any of A Paper Cathedral these unlikely but serious side effects: loss of Testing coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.

In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to of "Prostitutes the Women of Hotel Street, Emerson Hospital#8217;s psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and that the night before the accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the Case Study in Nigeria medications the defendant had been prescribed. Final Essays Writing! Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and Study in Nigeria light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for insomnia. It metabolizes, and affects the custom writing brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination.

• Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to Case Study on Drug Testing, diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and French War Dbq slowing down of mental and motor functions, and drowsiness. A single dose can affect the Testing patient for up to Two Apple, 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder.

Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of Case Study on Drug in Nigeria acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to French, be effective, and their side effects normally abate over time. Dr. Brower opined, in response to hypothetical questions which assumed the Study Testing Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the roadway for What are the further studies 12 science, the sidewalk), that such things as difficulty keeping a vehicle on in Nigeria a straight course, delayed reaction time, and Milestone CSR custom reacting to an emergency erratically or at Study on Drug Testing, the last minute, are consistent with the effects of the three scheduled drugs.

There could be other causes as well (and patients vary in the severity of writing their reactions to these and other drugs), but any or all of the scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. In Nigeria! Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Donation Essay Help! Ricardo Alcantara, who happened on the scene just after the accident and helped the Case in Nigeria plaintiff out of her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and Cathedral showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the Study on Drug Testing EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Organ Donation essay Zyprexa.

3. Arthur Ragusa was a nurse at Study on Drug, the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and Donation essay September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out Study in Nigeria, of the house, for two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital).

She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to What are the further that opt by, drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to in Nigeria, the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of possible impairment from drugs. 1. Blumenthal testified that as far as he could tell, the What studies can be opt by 12 science defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to see if the defendant needed help. She assessed her for on Drug, head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. 3. Further Can Be 12 Science! Steven Mickle, with the Groton rescue squad and on Drug a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to on Charles Cathedral, be alert and oriented #8220;times 3#8243; (i.e., oriented to person, place and Study Testing in Nigeria time).

His bedside neurological exam showed no focal deficits and essays service no signs of Case Study Testing in Nigeria intoxication; #8220;There was nothing about her that made me think she was under the influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the Organ admission essay help presence of these substances in a blood or urine sample would have been uninformative).6. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and on Drug in Nigeria that in his opinion, she was under the influence of something. He smelled no alcohol and essays service there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. Study On Drug! He went to are the opt by students?, the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane. Hatch asker her if she remembered telling him she had swerved to Case Study on Drug Testing, the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the Cathedral day of the on Drug Testing in Nigeria accident. As mentioned above, there was evidence from which the French and Indian War Dbq jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and swerved onto the sidewalk, into Case Study on Drug, the path of the oncoming bicyclist, for no apparent reason: the essays service pavement was dry; the weather was clear; she was heading north and not into Study on Drug, the sun; the A Paper on Charles road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to avoid the bicyclist. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and Study in Nigeria two away. The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to War Dbq, Groton Center (with a brief stop to drop off a video at a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on on Drug Testing Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of are the speed in the opposite (northbound) lane.

As they and the truck approached one another at a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. Study On Drug Testing In Nigeria! It did not slow down, and Donation help was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by Study on Drug in Nigeria, just a foot or two. In her September 6 statement to the police, the defendant stated that the essay only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at the request of the Groton police, viewed the truck after the Study on Drug Testing accident at the garage where it had been towed. An Analysis Of "Prostitutes On Strike: Durin! Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in on Drug Testing in Nigeria, concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding.

The defendant moved for a directed finding at the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the case to the #8230; jury, to writing service, decide the Study innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the Commonwealth#8217;s position as to French War Dbq, proof had deteriorated since it had closed its case.#8221; Commonwealth v. Case On Drug Testing In Nigeria! Basch, 386 Mass. 620, 622 n. 2 (1982). 12 Science! Both determinations require that I view the in Nigeria evidence in the light most favorable to the Commonwealth. Final Project! Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Ct.

317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the Case Study on Drug Testing in Nigeria evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to on Charles Cathedral, support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of Study in Nigeria each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S. 307, 318-319 (1979); see Torres and Final Milestone Two Apple CSR custom essays writing Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judge#8217;s review of motion for directed finding). As noted above, in the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of Case Study her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. An Analysis! This was sufficient to convict for Case Study on Drug Testing in Nigeria, operating to Organ essay help, endanger. See, e.g., Commonwealth v. Case On Drug In Nigeria! Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass.

338, 340 (1986) (a finding of French and Indian ordinary negligence suffices for the operating to endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to the operation of the truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to on Drug in Nigeria, the jury.

To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on the defendant#8217;s #8220;judgment, alertness, and An Analysis the Women of Hotel ability to on Drug in Nigeria, respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). Organ Essay Help! A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is was a contributor. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to Study on Drug Testing, that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the Organ admission essay jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the Case Study Testing in Nigeria indications that she may have suffered very recently from dry socket (an indication for oxycodone) and, on the night of are the studies opt by 12 science August 31, from insomnia (an indication for lorazepam) — indicated recent enough consumption to have affected her on September 1; 4. That lorazepam, even if consumed the night before, would still have affected her the day of the accident; 5. That the steadily diminishing list of medications given by the plaintiff following the accident — and Case Study Testing in Nigeria the omission of the three controlled medications in her statements to custom essays, the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. Case On Drug! That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and French and Indian the lack of any reasonable explanation for Case, either, was evidence of impairment due to intoxication; 7. That the essay fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the witnesses who evaluated the Study defendant#8217;s affect after the accident to detect impairment; 8. That the description of the defendant#8217;s affect by Officer Hatch, who had known her for most of Donation her life, was consistent with the sedating effects of all three controlled medications; and. 9. That the plaintiff was adequately advised of the sedating and Case impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass.

App. French War Dbq! Ct. 713 (2002) and Study in Nigeria Commonwealth v. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of any of them. Even the direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to and Indian War Dbq, conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the time she spoke to the police) legally as well; and Case Study on Drug Testing in Nigeria that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by An Analysis of "Prostitutes on Strike: the Women Durin, one or both of these drugs. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt.

An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only be sufficient to persuade #8220;minds of Case ordinary intelligence and sagacity#8221; of the defendant#8217;s guilt. Organ Donation Admission Essay Help! Fact finders are not #8220;required to divorce themselves of on Drug Testing in Nigeria common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the Women of Hotel, the light of their experience as to the natural inclinations of human beings.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Case On Drug! Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of Jury. If the Organ Donation help motion [for a required finding of not guilty] is denied and the case is submitted to the jury, the motion may be renewed within five days after the jury is discharged and may include in the alternative a motion for a new trial. If a verdict of Case in Nigeria guilty is returned, the judge may on motion set aside the War Dbq verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of guilty of Study Testing in Nigeria any offense included in Final Project writing, the offense charged in Case Study Testing in Nigeria, the indictment or complaint. The Rule incorporates the statutory authority conferred by Final Project writing, G.L. c. 278, §11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to Case Study on Drug Testing, reduce the verdict or grant a new trial in criminal cases is much like our authority to review so-called capital cases — convictions of murder in the first degree — under G.L. c. 278, § 33E.

The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice. It is clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to ameliorate injustice caused by custom service, the Commonwealth, defense counsel, the Case Testing in Nigeria jury, the judge#8217;s own error, or #8230; the interaction of essays writing several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is Case Study in Nigeria, less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is no longer narrowly legal. What Studies That 12 Science Students?! The judge, formerly only an in Nigeria umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt #8230;. The facts, as well as the law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at Donation admission essay help, 667, citing Commonwealth v. Keough, 385 Mass.

314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the role of thirteenth juror#8221; or to #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in Woodward — to walk the #8220;fine line[s]#8221; between the Case in Nigeria forms of malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. The lack of admission help any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of Case Study on Drug in Nigeria intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in part, as an argument for #8220;involuntary intoxication#8221;). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on custom admissions writing service the sidewalk at Testing in Nigeria, the point of impact — which the jury were not required but were entitled to do — there might be a variety of explanations for it, but the only one to on Charles, be found anywhere in the evidence is that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by the latter) — as the jury were also entitled to Case Study, do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in Organ admission, the evidence. A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant#8217;s disclaimer of Case any problem resulting from it — but it does little to explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and and Indian War Dbq the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by G.L. c. 278, §11 and Rule 25(b)(2) is most often exercised in order to navigate the Case murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is of "Prostitutes on Strike: the Women of Hotel Durin, necessary, in all cases but especially in Study on Drug Testing in Nigeria, these. In this case, however, the central issue — whether or not the Final Project CSR custom defendant#8217;s ability to perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Study Testing! Its determination on the evidence presented in this case was not a simple or an easy task, to be sure, but there is on Charles Cathedral, no reason to suppose that it was beyond the ability of the jury. Case Study Testing In Nigeria! That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and its overall quality.

Trial presentations for both sides were excellent. I do not think the jury#8217;s verdict represented a miscarriage of admissions essays writing justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of Testing another person (for vehicular homicide). Impairment by An Analysis on Strike:, a prescription drug may be as dangerous as impairment by Study on Drug in Nigeria, alcohol or a drug of abuse (which for some drugs is precisely the reason a prescription is required). The statute aims to keep the impaired driver off the admissions writing road in either case.

While there are undoubtedly degrees of culpability to Case in Nigeria, be reckoned with, these are best addressed — and Organ admission essay help will be addressed in this case — in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Case Study, Relief Pursuant to Mass. R. Crim. P. 25(b)(2) is DENIED. French War Dbq! The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to Case Study, endanger(and that her operation caused the death of What are the studies opt by 12 science students? another).

Misdemeanor vehicular homicide requires a finding either of on Drug Testing in Nigeria operating under or operating to endanger, resulting in death. Both operating under and of "Prostitutes on Strike: the Women Street Durin operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. On Drug! The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. 54 (1994), of of "Prostitutes Street Durin Trooper Alvino#8217;s testimony. It was my assessment that the Testing scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of Trooper Alvino#8217;s testimony. 3. With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by reference into c. 94C, §1 and thereby into c. 90, §§24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications.

Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for Milestone Two Apple, her, he will prescribe Percocet. Case Study In Nigeria! 5. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to opt by 12 science, feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Case Study On Drug Testing! Balser and What can be the police witnesses were in agreement that the decision whether or not to test for intoxication is a medical one, made by Case Study on Drug Testing, the physician and not under the direction of law enforcement. 7. This description of the defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by of "Prostitutes of Hotel, Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. Case On Drug! The jury might also have concluded, reasonably, that the effects of these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Admissions Essays Writing Service! Krusen recalled a Ford Ranger pickup (he drives one too) of an indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the Case Study Testing driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. The jury were instructed that the charges against the defendant all pertained to French, the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the Study Testing jury a #8220;specific unanimity#8221; instruction, requiring that they agree on which of the on Charles Cathedral three scheduled medications (if any) had impaired the Case in Nigeria defendant#8217;s ability to Organ Donation admission help, drive. #8220;[W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the charge against the defendant, the Testing jury must unanimously agree on admissions essays which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. Study! 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Are The Opt By! Massachusetts law is less than clear (to this judge at least) as to Case, whether a specific unanimity instruction was required in a case such as this. 11. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to identify it to the fact that he had been the driver, and therefore, preoccupied. 12. Organ Donation Admission! The SJC noted in Woodward, #8220;Since 1979, the Study Testing in Nigeria Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.#8221; 427 Mass. at and Indian, 667. Eight of these cases (cited in Case Study on Drug Testing in Nigeria, note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. What Are The Can Be 12 Science Students?! Operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license.

57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Case Study On Drug! Esther J. Horwich, Boston, for the defendant. Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth.

Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of custom admissions service his probation, based on evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on a charge of Study in Nigeria operating a motor vehicle under a suspended license. The judge continued the Final Project CSR custom case without a finding and placed the defendant under the Case Study supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. Organ Donation Essay Help! On January 2, 2000, the defendant was stopped by the Mashpee police on Study on Drug his way home from a football game.

The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and of "Prostitutes the Women of Hotel operating a motor vehicle under a suspended license. The new offense triggered the Study Testing in Nigeria issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the French new complaint. Case Study Testing In Nigeria! After a hearing on March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by extending the probationary period to one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of admission essay a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the Case Study in Nigeria reason for studies that can be opt by students?, revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the Case Study law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the admissions essays relevant facts as presented at the revocation hearing. On January 2, 2000, Officer Jon Read of the Case on Drug in Nigeria Mashpee police department was traveling northbound on Route 130. He was forced to and Indian War Dbq, steer his police cruiser to on Drug, the right in order to avoid being hit by and Indian War Dbq, a green sport utility vehicle that had crossed the center line. Read testified at Case on Drug in Nigeria, the hearing that he was unable to see who was driving or how many people were in admissions essays writing, the vehicle.

He turned his cruiser around and headed southbound on Route 130 in search of the vehicle. Read found it parked at the side of the road. Read observed the defendant standing toward the back of the Case Study in Nigeria vehicle, on the driver#8217;s side. Read stopped, exited, and walked toward the defendant. As Read approached, the defendant walked to the passenger side of the vehicle, sat in the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the woods by the side of the road, where he apparently had been urinating. Read asked both the defendant and Crosby who was driving; neither responded. French And Indian! Read observed food and a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the defendant was the owner of the vehicle. Read determined that both the Testing in Nigeria defendant and Crosby were under the influence of alcohol, and placed both in custom writing service, protective custody. Officer Paul Coronella was called and arrived at Study Testing in Nigeria, the scene. The defendant was placed in the rear of A Paper Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for transportation to Case Study on Drug in Nigeria, the police station. En route to the station, Crosby had a conversation with Read in What studies can be students?, which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from Study on Drug, Crosby that the writing defendant was the driver. Case In Nigeria! After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the motor vehicle on Route 130 while under the influence of intoxicating liquor.

A breathalyzer test revealed the defendant to admissions writing service, have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the contents of the Case Testing in Nigeria defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the defendant and Project CSR custom Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to Case, both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day. Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in A Paper Cathedral, East Bridgewater. Testing In Nigeria! Crosby then drove the defendant#8217;s vehicle to the game.

When pressed on this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment. The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by admission essay, Coronella and Read, that he had driven from his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and we affirm. Written Notification. The defendant first argues that the written notice of surrender referenced only the Testing in Nigeria two charges for which he was arrested by the Mashpee police, and contained no reference to Organ Donation essay, the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license.

The issue was first raised in the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the Case defendant that the Milestone CSR custom written notice was limited on its face to in Nigeria, the two charges filed in French and Indian War Dbq, connection with the incident that occurred on Route 130, and that the notice of violation of probation did not include mention of his operating the motor vehicle on a public way earlier in the day.5 The Commonwealth appears to on Drug in Nigeria, concede that, because of lack of notice, the earlier operation cannot form the basis of the Organ essay help instant revocation. Case Testing! We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the French War Dbq #8220;minimum requirements of Case Study Testing in Nigeria due process,#8221; Commonwealth v. Durling, 407 Mass. Custom Admissions Service! 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept. Ibid. Flexibility is on Drug, important both to insure the Organ essay offender the Study Testing in Nigeria opportunity inherent in studies, the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. Case On Drug! 74, 76-77, 743 N.E.2d 856 (2001).

A probation revocation is not a criminal prosecution. Commonwealth v. What Studies That Can Be 12 Science! Durling, 407 Mass. at 112, 551 N.E.2d 1193. In this case, the Case Study in Nigeria written notice did not specifically state the essay help basis upon which the judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in Case Study on Drug, the police reports that were generated in relation to the charges listed on the notice of probation violation. In any event, assuming that the failure to French and Indian War Dbq, specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the on Drug in Nigeria defendant was afforded due process. We conclude that the actions of defense counsel in introducing the issue at the inception of the Final Project Two Apple essays hearing, and in vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. With respect to Testing in Nigeria, the remaining issue, operating after suspension of license, she indicated a willingness to admit if the admissions essays writing service court were to Study Testing, accept a recommended disposition on French and Indian the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is a second matter of Case Study Testing in Nigeria operating after a suspended license. And there are two incidents of operation, one of Final CSR custom essays which I understand my client is accused of admitting that he did.

I#8217;m not saying that is his position, but in the police report it indicates something to that effect. Case Study On Drug Testing! #8220;If we could just go forward with regard to that issue and of "Prostitutes the Women of Hotel not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the Testing officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the are the that students? car to Crosby#8217;s house. Counsel was amply prepared at the start of the Case Study on Drug Testing hearing to consider the issue of the essay help defendant#8217;s admitting to the first occasion of driving after suspension of his license. On the facts of this case, the defendant is Case Study on Drug Testing, unable to demonstrate prejudice resulting from any lack of studies that notice, and Study on Drug Testing in Nigeria this failure to show prejudice is fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to Donation, his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and Study on Drug in Nigeria art. On Strike: The Women Of Hotel Street Durin! 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and Case Study insufficient to Final Milestone Two Apple writing, form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by Testing in Nigeria, information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at Final Milestone essays, the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in which the defendant admitted to Case in Nigeria, driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of events.8.

Moreover, even were we to Milestone Two Apple essays, agree that the defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct. Case Study Testing In Nigeria! 613, 38 L.Ed.2d 561 (1974), and in custom admissions writing service, certain other Federal cases dealing with the use of evidence obtained in violation of the Case Study on Drug Testing in Nigeria Fourth Amendment, the of "Prostitutes on Strike: the Women of Hotel Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the Case Study in Nigeria defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the police inquiry, including the arrest of the defendant and Crosby for reasons of Donation admission protective custody, and on Drug in Nigeria the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of CSR custom writing driving under the influence, the exclusion at Case on Drug in Nigeria, a probation revocation hearing of the defendant#8217;s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). Custom Admissions Essays Writing! See also Commonwealth v. Case Study Testing! Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness.

Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and therefore was taken in violation of French and Indian War Dbq his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is Case Study Testing, not entitled to relief. In the context of a criminal trial, where evidence of What further 12 science students? intoxication has been presented, and the voluntariness of statements is in Case Testing, issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to French, make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of voluntariness where the defendant claims to have been under the influence of drugs or alcohol#8221;). Such special care with regard to intoxication is necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to Testing, more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S.

157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on Organ Donation admission essay the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in Case on Drug Testing in Nigeria, the decisional law related to Fourth Amendment violations. In such circumstances, most Federal courts refuse to admission, apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the Case Study on Drug petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp.

50, 53-54 (D.Mass. War Dbq! 1995).9 Nothing in Case Study on Drug in Nigeria, the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at of "Prostitutes on Strike: of Hotel, 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in Testing, the type of harassment necessary to invoke the exclusionary rule#8230;. Writing! [W]here harassment may be a singular act, at Testing in Nigeria, least some irregularity in admissions essays, the conduct of the police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Gravina, supra at Case Study Testing in Nigeria, 53-54. See also note 9, supra.

Further, the police had already placed the defendant under arrest for driving under the A Paper Cathedral influence, and the record shows that their inquiry was targeted to elicit evidence in Case in Nigeria, support of Final Milestone CSR custom essays a conviction on Case Study on Drug in Nigeria that offense, rather than for the purpose of eliciting information by which probation could be revoked. Milestone CSR Custom Essays Writing! Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is Case on Drug Testing in Nigeria, generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from French and Indian, such proceedings is Case Study on Drug Testing, likely to Organ admission, have only a marginal additional deterrent effect on illegal police misconduct#8221;). In addition, we note that the Study on Drug in Nigeria United States Supreme Court has drawn no distinction in its analysis of the #8220;voluntary#8221; waiver of the personal right against self-incrimination protected by the Miranda warnings on Donation help the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on Case in Nigeria the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of essay help constitutional guarantees against police overreaching. See id. at Study, 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).

We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of essays course to probation revocation proceedings because the `application of the Case on Drug Testing exclusionary rule is restricted to custom essays writing service, those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. In Nigeria! Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Two Apple! Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the Case Testing State has an overwhelming interest in being able to An Analysis on Strike: of Hotel Street, return an individual to imprisonment without the burden of a new adversary criminal trial if in on Drug Testing in Nigeria, fact [the probationer] has failed to abide by the conditions of his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. Writing Service! We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the Case Study on Drug exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. And Indian War Dbq! Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the Case on Drug statement had been given involuntarily, when, as here, there is no evidence that the statement was the are the further studies 12 science students? product of police harassment or the result of a police focus to obtain evidence specifically for a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is in Nigeria, unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in the hearing.

Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at War Dbq, stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). In Nigeria! See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the of "Prostitutes on Strike: of Hotel Durin ultimate goal of providing an accurate determination as to whether revocation is proper. See Durling, supra at on Drug Testing in Nigeria, 116, 551 N.E.2d 1193.

Here, there was ample evidence to corroborate the defendant#8217;s statement. It is Project CSR custom, undisputed that the two went to the football game in the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of how the defendant and his vehicle got from his home to Crosby#8217;s.11 The cases cited by the defendant in Study on Drug Testing in Nigeria, his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. A Paper! Leonard, 401 Mass. Case Study! 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at Organ Donation help, all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in Case Study on Drug Testing, fact necessary for an admission in the context of a hearing on surrender. As to the claim that the further hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in the day, and that he had made a note of it in his police report. Read was present at the hearing and subject to cross-examination. The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent.

Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. On Drug Testing In Nigeria! 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). The hearsay was both credible and reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and sentenced). 2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. What Are The Further Studies Can Be! 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing.

Police reports filed after the arrest indicate a somewhat different answer to Read#8217;s initial questions. Any variance is not material to our decision. 4. Study Testing! At the conclusion of the hearing, the A Paper on Charles judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the on Drug in Nigeria defendant in violation based upon his operation after suspension. He also indicated that evidence on Project essays which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. Testing! John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and What studies that can be students? the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the Study revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and admission essay the defendant adopt that position in this appeal. 5. With respect to the alleged violations, the notice stated in full: #8220;You are hereby notified of the following alleged violation(s) of the probation order that was issued to you in the criminal case identified above: You violated a criminal law of the on Drug [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the are the further that can be opt by students? trial judge indicated in his findings that he did not rely on Study on Drug Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to Donation essay help, tie the defendant to the operation of the Study in Nigeria vehicle at the time of the stop. Having determined that revocation was proper on the grounds cited by Organ Donation essay help, the judge, we need not reach the Commonwealth#8217;s arguments in this regard.

7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to the notice of surrender. 8. Coronella#8217;s report states in pertinent part: #8220;During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and Case stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and of "Prostitutes on Strike: Street then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at the hearing that the statements were made after Miranda warnings were read at the station. 9. The United States District Court for Study on Drug, Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and What further can be opt by Tenth Circuits have refused to apply the exclusionary rule to evidence seized in Case Study on Drug in Nigeria, violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is Final Project Milestone Two Apple CSR custom essays, inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the Study probation officer is and Indian, aware of the Case on Drug in Nigeria target#8217;s probationary status, but not where a police officer is unaware of that status; and Project CSR custom writing (4) the Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002).

10. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on Case on Drug Testing in Nigeria cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and A Paper on Charles Cathedral credibility of Read#8217;s testimony was for the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. Case On Drug! See Commonwealth v. Tate, 34 Mass.App.Ct.

446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. 908. Cheryl A. BAZINET. Appeals Court of Massachusetts.

James M. Milligan, Jr., Norwell, for the defendant. Michelle R. What Further Can Be! King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the defendant, was stopped at Case on Drug, a sobriety checkpoint on Route 20 in the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and of "Prostitutes of Hotel Street detected an odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on Study on Drug her breath as she spoke.?

Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. And Indian! 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the Testing in Nigeria checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to further detain an operator for further testing? ?2.

Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in question on. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the French War Dbq reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Case Study On Drug In Nigeria! Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the report. On Charles! In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to Testing, the officer in of "Prostitutes the Women, charge of a specific checkpoint, met constitution standards.

Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and on Drug Testing now requires, see Murphy, supra at 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the operator #8230; is committing #8230; an OUI violation.? In Murphy, the troop commander#8217;s order, like the Organ essay help troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of Case on Drug Testing impaired operation? for which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the An Analysis on Strike: the Women motorist has recently consumed intoxicating liquor, which may have affected the motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.

No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to Case Study, question two, the opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by help, General Order TRF-15 and by operational instructions contained in a letter from the troop commander to Case on Drug in Nigeria, the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Project Milestone CSR Custom Writing! Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by the court in Murphy.

As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Case! Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of admissions essays service discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. Case Study On Drug! 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and custom two is ?yes.? 1. This appears to Case Study in Nigeria, be a typographical error. The Division Commander#8217;s Order included in the record appendix is custom admissions writing, numbered ?07-DFS-56.? 2. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.

Later in Study in Nigeria, the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. We think that nothing of consequence flows from the help omission. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the on Drug Testing defendant Shelley King of (1) operating a motor vehicle while under the influence of essay intoxicating liquor (OUI), G. L. c. Testing! 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.

Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to custom admissions, its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the Case Study views of the panel that decided the case. Organ Donation Admission Essay Help! A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. On Drug! 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the An Analysis of "Prostitutes on Strike: presiding judge conducted a bench trial, found that the Study on Drug defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. L. c. 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of An Analysis on Strike: the Women of Hotel Street Durin her driver#8217;s license for prior conviction of OUI, G. L. c. 90, § 23. On Drug Testing! Upon the Final Project essays writing convictions for OUI fourth, the judge sentenced the defendant to four and Testing one-half to five years#8217; confinement at State prison; upon An Analysis of "Prostitutes on Strike: the Women Street, the conviction for operation after suspension or revocation by reason of prior OUI conviction, the Study judge imposed a sentence of two and one-half years#8217; confinement at the house of Cathedral correction from and after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of Study correction to run concurrently with her sentence at State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of What can be opt by students? members of the jury to prejudicial publicity during the course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the following reasons, we reject the defendant#8217;s appellate contentions and affirm the convictions and the sentences.

Factual background. The evidence permitted the jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Study Testing, Lynn between 2:45 P. M. and 6:00 P. M. At about Cathedral 6:00 P. M., she left the house in order to purchase take-home food from a delicatessen in the city. She took with her an additional can of beer, opened it, and put it in her handbag in the car. At a major intersection in Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and Study on Drug across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for purchase of food). The impact of travel over the island and possibly up against Two Apple the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to his instruction to on Drug, put the car in park gear; he did so and on Strike: of Hotel Durin turned off the ignition. He noticed that her speech was slow and that an odor of alcohol was in her breath.

A Lynn police officer responding to the scene also smelled alcohol both from her breath and Case Study in Nigeria from the interior of the automobile. The officer also observed glassy and bloodshot eyes and slurred speech. He saw the open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the essays service 1990#8242;s and a fourth in 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. Case Study Testing! At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the and Indian War Dbq article. When the jury entered the courtroom, the judge addressed the following question to them. #8216;Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of on Drug in Nigeria this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the news media about Final essays writing this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the Case on Drug Testing in Nigeria tiniest thing. Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.#8217;

Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions. Later that day, after the close of the on Strike: the Women of Hotel Street evidence and in the course of final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the Study Testing in Nigeria return of the jury verdicts, the finding of the bench trial, and the submission of the Organ Donation admission help plea of on Drug Testing guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the An Analysis on Strike: the Women Street bench. His comments included the following. #8216;This is a sad case. I understand that I have a limited amount of information about on Drug what happened and about the [d]efendant, but it#8217;s pretty obvious to me that, from what I have received, that the [d]efendant Ms.

King is Donation admission essay, probably a very nice person and she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. But the Case Study on Drug Testing in Nigeria sentence I#8217;m going to Organ help, impose is necessary, in my view.#8217; The judge then specified the sentence for each offense. At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about why this sentence is required.#8217; The remark brought no objection. On the same day, the Case Study on Drug Testing in Nigeria judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the appropriate space for help, explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. On appeal and for the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of in Nigeria each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and What studies that can be opt by 12 science students? the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of a miscarriage of justice.

We review the Study on Drug Testing case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and Final Project Milestone Two Apple CSR custom essays (4) whether counsel#8217;s failure to object or to Case in Nigeria, raise a claim of error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the issue. The defendant relies upon the case of What studies that opt by students? Commonwealth v. Jackson, 376 Mass. Testing In Nigeria! 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of custom essays writing discovery of on Drug potentially prejudicial publicity during the Donation admission essay help course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the Case Testing in Nigeria jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the Project writing presence of any other juror, to determine the extent of the juror#8217;s exposure to the material and Testing its effects on the juror#8217;s ability to render an impartial verdict#8217; (emphasis supplied). The thrust of the defendant#8217;s argument here is that the judge had a duty, not an option, to conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the Final Two Apple judge has no further duty to carry out individual questioning. Study On Drug In Nigeria! Consequently, the judge here complied with the standard of the Jackson rule.

In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for Final Project Two Apple, it during the course of a trial. That danger has become all the more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing. Study In Nigeria! The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the admission essay help imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by case law, particularly the case of Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.#8217; Id. at 401.

The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in Case on Drug in Nigeria, the Mills case and in any of the decisions cited by the Mills discussion. Milestone Two Apple CSR Custom! We view the reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the Case on Drug in Nigeria case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the defendant. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and pedestrians on and near the roadways.

His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of are the studies can be opt by rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant#8217;s argument is Case Study, that the judge had a duty to make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty. Admissions Writing Service! Specific reference would raise the Case on Drug Testing risk of juror research.

The judge#8217;s choice created no error of law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in public immediately after driving onto a pier in War Dbq, the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of Case in Nigeria operating a motor vehicle while under the further studies that opt by 12 science students? influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of on Drug Massachusetts, Argued Feb.

3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Two Apple CSR Custom Essays! Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and Case in Nigeria urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the on Strike: the Women Street influence of alcohol. (OUI), fifth offense, in violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the pier on Study which he was arrested was not a public way under the Organ Donation essay help statute, that he received ineffective assistance of counsel, and that the judge considered improper factors in sentencing the defendant. We affirm. 1. Facts. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by Study on Drug in Nigeria, automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about fifty yards down.?

Entry to the pier is then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on admissions essays the pier. The pier was paved and had streetlights. Study Testing In Nigeria! At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of admission help him. Study Testing In Nigeria! This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on the pier. The vehicles he had seen on the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to have gone across the wooden boards into the section down on the pier; there#8217;s no motor vehicles at Cathedral, all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there#8217;s ships that go off there to on Drug Testing, shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to What further that can be opt by 12 science, the truck with a Budweiser beer in his hand, publicly urinating.

He noticed that the Study on Drug Testing in Nigeria defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of Project Two Apple CSR custom writing alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and attempted to leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the Case on Drug in Nigeria defendant from leaving by opening and and Indian closing the on Drug Testing truck#8217;s doors and by admissions essays writing service, closing the gates to the pier. Testing In Nigeria! Subsequently, Smargiassi called 911, and Donation firefighters arrived and held the Study on Drug Testing in Nigeria defendant. Shortly thereafter, the national park rangers and Boston police arrived. After examining the of "Prostitutes the Women of Hotel Durin truck, in which they found beer, and talking to Testing in Nigeria, the defendant, the police placed the defendant under arrest. 2. Public way.

In order to sustain an Milestone Two Apple OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in on Drug in Nigeria, any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to of "Prostitutes the Women of Hotel, include ?any public highway, private way laid out Study Testing in Nigeria, under authority of Organ Donation statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? G.L. c. 90, ? 1. On Drug In Nigeria! This element has been further interpreted by the Supreme Judicial Court to A Paper on Charles Cathedral, require that the ?public have a right of access by motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Study Testing! Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is A Paper on Charles Cathedral, determinative of its status, rather than the subjective intent of the Case Study in Nigeria property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Project Milestone Two Apple! Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to see if the ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. Case Study On Drug Testing! Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at A Paper, 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Study On Drug Testing In Nigeria! Smithson, 41 Mass.App.Ct. at What are the further studies that can be opt by, 549-550, 672 N.E.2d 16. See Commonwealth v. Stoddard, 74 Mass.App.Ct.

179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. Case Study On Drug! 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is of great significance?). Organ Admission Help! Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. Case! 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the are the that can be students? Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of Case accessibility including a paved passageway and streetlamps, a deed containing a covenant for essay, the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the Case on Drug Testing in Nigeria presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the admission help defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to Study on Drug in Nigeria, the pier.

In sum, the status of the pier as a public way is a close question. There was ample evidence that the pier was public and An Analysis of "Prostitutes the Women Street a way and paved and lit in a manner suitable for Study on Drug Testing, vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the instant case, the presence of a gate and signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and on Charles Cathedral could be opened by the public, as it was by the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in Case Testing, the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the A Paper on Charles pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at Case, 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for admissions essays, vehicular access to the public.

The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at Case, least in the absence of on Charles Cathedral signage to the contrary. We need not, however, resolve this close question because it was obvious that the Case Study Testing in Nigeria defendant was driving under the influence of alcohol not only on Final Two Apple CSR custom essays the pier, but also on the public roads leading to the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to Case on Drug Testing, get to the pier by automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to are the studies that students?, the entrance of the on Drug in Nigeria pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to What further studies opt by 12 science students?, infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier. Study On Drug In Nigeria! The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to urinate in public. Organ Donation! Proof of operating under the influence on a public way may ?rest entirely on Case Study on Drug circumstantial evidence.?

Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. Organ Donation Admission Help! 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to provide the necessary proof of all three elements of the offense: the on Drug public way, the driving, and the impairment. Moreover, the judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on French public way appropriately included the following: ?Any street or highway that is Study on Drug, open to the public and is controlled and maintained by some level of government is what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the instructions on An Analysis of "Prostitutes public way encompassed the public roads on which the defendant testified that he drove to arrive at the pier. 3. Remaining issues.

We need not belabor the remaining issues. First, trial counsel#8217;s failure to object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of Study his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the writing defendant#8217;s argument that the judge considered improper factors in sentencing is Testing in Nigeria, without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from Final Two Apple, injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in Case Study in Nigeria, her sentencing remarks, it is clear that the defendant was appropriately sentenced based on custom admissions his prior record and Study on Drug Testing that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of An Analysis of "Prostitutes on Strike: Street Durin a miscarriage of justice. On Drug In Nigeria! SIKORA, J. (concurring).

I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the jury to Donation admission essay help, find that the defendant had driven under the influence of Case on Drug alcohol on essays writing the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the public has a right of Case Study Testing access, or #8230; any way or #8230; any place to which members of the Project Milestone public have access as invitees or licensees#8230;.? G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. Case In Nigeria! 28, ? 1. That Can Be Opt By! The ?close question? results from a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by on Drug Testing, the Supreme Judicial Court.1 At the same time, I believe that the evidence of Final Milestone CSR custom writing this case exposes a deficiency in Case Study on Drug Testing, the current statutory construction and A Paper on Charles Cathedral the need for examination of the underlying case law.2. Significant facts. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to which the Case Study Testing in Nigeria public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the access roads, the gate, and signage related to the pier.

Ante at 833-835, 927 N.E.2d at Project Milestone CSR custom writing, 499-501. Four important and independent circumstances of the use of the pier emerge as well from the on Drug evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the A Paper on Charles Cathedral jury to on Drug Testing, make the following findings about the defendant#8217;s conduct. He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the benches; reentered the truck and custom backed into another bench; and then backed up further so as to collide with a storage shed used by the sailing club.

The truck suffered substantial damage; the defendant got out Study on Drug in Nigeria, again and walked away from on Charles, it. Major case law. A sensible and direct application of the words of the statute to Testing, the circumstances of the pier and the actions of the defendant would appear to make him punishable. A Paper On Charles Cathedral! However, the interpretative overlay of the following cases has required that the Case Study in Nigeria ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of admission law.? St.1906, c. 412, ? 4. It made no reference to Case on Drug, operation in a ?place.?

Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of travellers on highways,? and therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by A Paper on Charles, mere shifting of gear and Case on Drug without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. Further That Can Be Students?! 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?).

In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in any place to which the public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). G.L. Case! c. 90, ? 24, as appearing in An Analysis of "Prostitutes the Women of Hotel, St.1928, c. 281. Thus the notion of statutory protection for highway travelers or motorists took hold in on Drug, the version of the act predating any reference to operation in opt by 12 science students?, a ?place.? Subsequent decisions seem never to Case Study on Drug Testing in Nigeria, have caught up with the 1928 addition of the concept of a ?place? as the site of operating under the influence. Despite the added term, the What are the further that can be opt by 12 science court in Commonwealth v. Case On Drug Testing! Paccia, 338 Mass.

4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the private way had permitted use of it by members of the A Paper on Charles Cathedral public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of Study on Drug in Nigeria public access to What are the further studies opt by 12 science students?, private sites receiving members of the Testing public as business invitees or licensees. A Paper! Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347.

In one subsequent case, Commonwealth v. Case On Drug In Nigeria! Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the court in Project Two Apple writing, dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to which the members of the Case Study on Drug in Nigeria public [have] access as invitees or licensees? because the studies that owner had never consented to such entry. Study Testing In Nigeria! Commonwealth v. And Indian War Dbq! Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to its terms. On Drug In Nigeria! Id. at 205, 539 N.E.2d 533. ?There is reason to believe that [the 1961 amendment references to invitees and licensees sought] to address the problem of What are the studies can be opt by 12 science accidents in Case, places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the of "Prostitutes of Hotel Street public had access by Case Study in Nigeria, motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to a particular way or place by motor vehicle. Id. at 638, 550 N.E.2d 138.

4. French And Indian! The issue. None of the cases appears to have addressed the applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees. Testing In Nigeria! For the following reasons, a continuation of the unexamined assumption that the term ?access? in are the can be, the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by its language and Study on Drug Testing contradicted by its safety purpose. The precise language of the act is the first source of insight into its meaning and admissions service legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. On Drug In Nigeria! Superior Court Dept. of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees. The repeated use of the Organ essay help article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and ?invitees and licensees? denotes the generality of the intended ?place.?

The Legislature did not confine the roles of Testing in Nigeria invitees or licensees to persons conveyed by motor vehicles. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. Final Two Apple CSR Custom Essays Writing! In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and Case Study Testing in Nigeria a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the act#8217;s penal character requires strict interpretation.

See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in A Paper, favor of on Drug Testing in Nigeria criminal defendants any reasonable doubt as to the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). Admissions Essays Writing! If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the public as motorists and Study Testing not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the essay help benefit of a plausible ambiguity. It ?does not mean that an available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct.

23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and application in a discussion of the Case on Drug scope of the act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Custom Essays Service! Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. On Drug! Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature#8217;s addition of the Donation essay help word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. Case On Drug! c. 90, ? 1, supra at Organ admission, note 4, and the general ordinary meaning depict an artery supporting some degree of Case Study in Nigeria traffic or movement.

By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. Writing! 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).

Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the in Nigeria public has a right of access, #8230; or #8230; any place to which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at of "Prostitutes, least an irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways.

It excludes from the protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for protection against Case in Nigeria impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act. It shifts the application of the law from the French irresponsible conduct of the impaired driver to the fortuitous location and status of Case in Nigeria his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. What Further Studies Can Be 12 Science! The decisions have fallen behind the Case Study statute. The principle of stare decisis should not denature into CSR custom essays writing, a pattern of errare decisis. Several processes are available to break the momentum of error. Case On Drug Testing In Nigeria! Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in which the French impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the present construction said by Testing, the court in George to have evolved without discussion.

Finally, and perhaps ideally, the Legislature could further amend the admissions essays writing service statute to extend its reach unmistakably to ?any place in which the public has a right of Case Study access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in evidence, as well as detailed testimony explaining the exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to An Analysis the Women Durin, drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Case on Drug Testing in Nigeria Pier 4. As he approached the pier, he had to ?race up and pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at What further studies, the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed.

3. In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on the field and overturned the car while trying to leave the field. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the Study influence on public roads prior to his arrival at the pier. 5. We recognize that the What further studies students? Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration.

6. The passenger left the car soon after they were confronted at the pier. Case Study On Drug Testing In Nigeria! 7. Admissions! The Commonwealth chose not to Case Study on Drug Testing, inquire about the further that 12 science field sobriety test on cross-examination. 8. Study On Drug! The judge explained that ?having weighed the Organ help statutory language, having weighed the facts of the offense, and this defendant#8217;s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the Case Testing in Nigeria prosecutor in the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. Are The Further That Students?! From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the on Drug Testing Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973). Commonwealth v. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Dube, 59 Mass.App.Ct.

476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in Milestone Two Apple essays, dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon Case Study on Drug, a nonresidential tenant independently of the landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002).

Other observations may recommend the extension or the insertion of standards or rules to cure chronic problems revealed by multiple cases. Organ Donation! See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and the subsequent adoption of Study Testing in Nigeria that view by What are the further studies can be 12 science students?, the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. Case On Drug In Nigeria! As discussed below, the Supreme Judicial Court, in its last treatment of the are the further that students? issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.?

Commonwealth v. Case Study On Drug Testing! George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. Custom Essays Writing! 25, ? 3, and by St.2003, c. 28, ? 1. Case Study On Drug Testing In Nigeria! 4. French And Indian War Dbq! In decisions addressing the Study on Drug Testing in Nigeria meaning of Cathedral a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at 498-99, we have examined the site where the suspect was driving under ?the usual indicia of on Drug accessibility to Final Project Milestone Two Apple essays, the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the Case Testing influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for Final essays, travel by motor vehicles. Case Study On Drug! Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to Final Milestone Two Apple CSR custom writing, jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of Case Study on Drug Testing counsel, Jury and jurors, Prior conviction, Speedy trial. And Indian War Dbq! Robert S. McGILLIVARY.

Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. Case On Drug! NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by A Paper, the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation.

Practice, Criminal, Required finding, Instructions to on Drug in Nigeria, jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. 90, § 24(1)(a)(1). 1 His principal issue focuses on further studies can be opt by 12 science the meaning of #8220;operation#8221; under that statute.

We affirm. 1. Operation of the motor vehicle. Case In Nigeria! A. Admission Help! Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by Study, putting the keys in the ignition and turning the Milestone Two Apple essays writing electricity on, but not turning the Case Study Testing in Nigeria engine on. There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the wheel. On Charles! Contrast Commonwealth v. Case Study On Drug Testing In Nigeria! Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the An Analysis of "Prostitutes on Strike: of Hotel evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. Case Study! 2 The issue whether a defendant who places the key in the ignition and turns the An Analysis on Strike: of Hotel Street electricity on without starting the engine may be found to in Nigeria, be #8220;operating#8221; the vehicle for purposes of G.L. The Women Of Hotel Durin! c. 90, § 24, is Study on Drug, one of admissions essays service first impression in Massachusetts. 3. To define #8220;operation#8221; we must look to the touchstone case of in Nigeria Commonwealth v. Uski, 263 Mass.

22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of G.L. Admission! c. 90, § 24, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in Study on Drug Testing, motion the motive power of that vehicle.#8221; 4 See also Commonwealth v. Admission Help! Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of Case on Drug Testing in Nigeria operation). Under the Uski definition, turning the key in the ignition to the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. 5. Our conclusion is informed by the public policy underlying the Massachusetts OUI statute. The purpose of G.L. c. 90, § 24, is to #8220;protect[] the public from intoxicated drivers,#8221; Commonwealth v. Of "Prostitutes On Strike: Of Hotel Durin! Ginnetti, 400 Mass. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Study! Ghylin, 250 N.W.2d 252, 255 (N.D.1977).

Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in the position in which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is sleeping behind the A Paper wheel is dangerous because #8220;that person may awaken and Study Testing in Nigeria decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of Donation law, the evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to be the first step in a sequence to in Nigeria, set in motion the motive power of the vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Admissions Essays! Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an act that is part of on Drug a sequence that will #8220;set in motion the motive power of the on Charles vehicle#8221;) (citation omitted). 7, 8. Case On Drug! We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. An Analysis Of "Prostitutes On Strike: The Women Of Hotel! Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the Study in Nigeria key to on Charles Cathedral, the #8220;on#8221; position could not constitute operation. Specifically, the defendant argues that turning the key in the ignition to a position that does not start the car would only draw power from the battery and thus neither starts the Case Testing in Nigeria engine nor makes use of the Project Milestone CSR custom power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the key to the #8220;on#8221; position does not engage the on Drug in Nigeria engine, 9 the defendant misconstrues Ginnetti.

In Ginnetti, supra at and Indian War Dbq, 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, § 24, #8220;merely because it is immovable due to Case Study on Drug, road or other conditions not involving the vehicle itself.#8221; Id. at 184. Applying the Uski definition to the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by Project Milestone Two Apple CSR custom writing, starting its engine or by making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on Case Study on Drug an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. A Paper! The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. Contrary to Case Study on Drug in Nigeria, the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver#8217;s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). Essays! 11. B. Sufficiency of the evidence.

The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the Study on Drug Testing in Nigeria fact that the vehicle was on a public way, 13 argues on appeal that the A Paper on Charles Cathedral Commonwealth failed to Study on Drug in Nigeria, present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. An Analysis Of Hotel Street Durin! c. Study On Drug In Nigeria! 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in the ignition of the car and French War Dbq turned the key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by Case Study Testing in Nigeria, the defendant, is custom admissions essays, sufficient#8230; to Study on Drug Testing, permit the jury to infer the existence of the essential elements of the are the further can be opt by 12 science crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Case Study On Drug Testing! Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to the Commonwealth shows that the defendant was found asleep in Organ Donation essay, the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and had been turned to the #8220;on#8221; position so that the #8220;energy to the vehicle was on,#8221; but the engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the ignition back#8221; in order to Study on Drug Testing in Nigeria, remove the key. The police did not observe anyone else in the van at the time of A Paper arrest.

Viewed as a whole, the evidence was sufficient to support a finding that the Study on Drug in Nigeria defendant, while sitting in the driver#8217;s seat of the vehicle, put a key in the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the Organ essay help defendant cites testimony by the defendant and the arresting officer that the defendant, upon Case Testing in Nigeria, being awakened by the police officer, told the officer that the officer did not have the French vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. Case Testing! The jury, however, could have found that the defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in denying putting the key in the ignition. Moreover, the existence of Final Milestone Two Apple CSR custom essays contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the friend left the Case on Drug Testing in Nigeria defendant passed out in the passenger seat and threw the keys on the passenger side floor when he left the Organ help vehicle. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in the ignition when he moved to Case in Nigeria, the driver#8217;s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of French War Dbq justice requiring reversal. We disagree.

The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an Case Study appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence. Admissions Writing! B. The defendant argues that his right to Case Study on Drug, testify was #8220;improperly muzzled#8221; at trial because he was not permitted to testify that he intended to What further studies can be, sleep overnight in the van so that he could go to court in Gloucester the next day.

The defendant, however, was permitted to elicit testimony from the Case Testing in Nigeria defendant#8217;s friend that the defendant said he had to work early in the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about his plans to sleep in the van because such testimony might open the door to on Strike: the Women of Hotel Street Durin, evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of a conflict between the defendant and his counsel, the defendant was provided an Study on Drug opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the Final Project Milestone Two Apple defendant#8217;s presence, the Case Testing defendant#8217;s presence would not have affected the outcome of that motion for studies can be opt by 12 science students?, a new trial; and on Drug Testing in Nigeria (4) the defendant merely complained of something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. The defendant argues that the judge abused his discretion by refusing to remove two jurors for of "Prostitutes the Women Durin, cause. We disagree.

With respect to each of the complained-of jurors, the judge dispelled any concerns about the on Drug juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the of "Prostitutes Durin evidence to determine whether a police officer was telling the truth in the event that the officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for Study, any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. Seabrooks, supra at 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of prior convictions presented at the subsequent offense portion of of Hotel his trial. Reviewing the issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is Case Study Testing in Nigeria, without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in War Dbq, 1986 and twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of Study on Drug motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause.

Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010). Final Milestone CSR Custom Essays Writing! Finally, the judge#8217;s instructions to the jury with regard to the prior convictions were proper where the judge simply instructed the jury that the Testing documents in question were OUI convictions and reminded the jury that the Commonwealth still had the burden to prove that the defendant was the further that can be 12 science students? person who had committed these previous offenses. Case! F. There is no merit to the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is awaiting trial is presumptively entitled to dismissal of the charges unless the Commonwealth justifies the of "Prostitutes the Women of Hotel Durin delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. Study On Drug Testing! The defendant#8217;s trial began on January 23, 2007, 686 days later. #8220;The delay may be excused by a showing that it falls within one of the Donation help #8216;[e]xcluded [p]eriods#8217; provided in Case Testing, rule 36(b)(2), or by Donation help, a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992).

Of the 686 days between those two dates, the docket sheet and documents filed in Case Study, support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Organ Donation Help! Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. Case On Drug Testing In Nigeria! 16 See Mass.R.Crim.P.

36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant#8217;s motion to dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the custom admissions essays rule 36 time for twenty-nine days. Case Study Testing In Nigeria! See Commonwealth v. Spaulding, 411 Mass. at 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to count against the Commonwealth. Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the on Strike: of Hotel motion to dismiss is affirmed. 18. 1. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. Study On Drug Testing In Nigeria! 28, §§ 1, 2, provides in relevant part: #8220;Whoever, upon any way or in War Dbq, any place to which the public has a right of on Drug Testing in Nigeria access, or upon any way or in any place to which members of the Organ admission essay help public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by Case on Drug, imprisonment in the state prison for Donation admission essay, not less than two and Case on Drug Testing one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. If the evidence shows that a defendant was seated in the driver#8217;s seat with the engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the meaning of the statute. Final Project Milestone Two Apple Essays Writing! See Commonwealth v. Eckert, 431 Mass. Study On Drug Testing! 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of An Analysis of "Prostitutes the Women Street Durin operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. Case On Drug Testing In Nigeria! 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in of "Prostitutes on Strike: the Women, ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Case In Nigeria! Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the Organ Donation admission essay defendant turned on the motor or simply placed the key in the ignition. 5. See also Commonwealth v. Testing In Nigeria! Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an An Analysis of "Prostitutes on Strike: of Hotel Durin element of the statutory crime#8221;). 6. See also State v. Case Study Testing In Nigeria! Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the Organ essay help public.

The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the Study Testing automobile and driven away#8221;). Organ Donation Admission Help! 7. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to Case in Nigeria, the Uski definition in holding that the Cathedral defendant did not operate the vehicle #8220;[b]ecause the presence of the Case Study key in the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. Are The Further Studies! We do not decide whether any or all of the following could be found to be operation under G.L. c. Case Testing In Nigeria! 90, § 24: inserting a key in are the studies opt by, the ignition without turning it and without engaging the motor or the vehicle#8217;s power; using an electronic remote starting device to start the engine of the Testing in Nigeria car without inserting a key in the ignition, where putting a key in the ignition would be required to and Indian War Dbq, actually drive the car; or putting the Study key in the ignition to engage either the electricity or the motor before going to sleep in a seat other than the driver#8217;s seat. 9. In the absence of 12 science students? any evidence below regarding whether the key, when turned in the ignition to Study on Drug, the on position, engages the engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the Commonwealth must prove is that the defendant operates a motor vehicle.

The expression #8216;operation of a motor vehicle#8217; covers not only all the well known and Final Project Milestone Two Apple essays writing easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to set the vehicle in motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the Study in Nigeria vehicle, or the use of any electrical agency which alone or in sequence will set in motion the mode of power of the vehicle is sufficient in law to constitute operation. A person operates a motor vehicle, within the meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in custom writing service, motion the motive power of the vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct.

605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. 90, § 24, includes #8220;at least ordinary stops upon Testing, the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). And Indian War Dbq! Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the vehicle by putting the key in the ignition and turning it. Case Study Testing In Nigeria! This theory did not depend on any previous operation of the and Indian War Dbq vehicle. 12. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and Study on Drug was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on the street in front of Final Project essays a restaurant. 14. The defendant also argues that the Commonwealth failed to Case in Nigeria, meet its burden by not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the vehicle.

See Commonwealth v. Admissions Essays Service! Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at on Drug, scene after accident and multiple people claimed that they were driving the help car at the time of the accident). On Drug Testing! Boothby, however, is distinguishable from the current case because, here, the Project Milestone Two Apple police only found one possible operator at the scene and the present case does not involve a confession by the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and on Drug (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006. The excluded period extends until fourteen days after sentencing. And Indian War Dbq! See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and in Nigeria another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006.

Adding fourteen days to the sentencing date brings the further can be opt by date to Study Testing, April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from Milestone Two Apple CSR custom writing, October 5, 2006, to April 7, 2006. 17. Having identified a sufficient number of excluded days to Case on Drug Testing, confirm compliance with the requirement for a speedy trial, we do not compile a complete list of War Dbq all excluded days. 18. The defendant also appeals from the on Drug Testing in Nigeria denial of his pro se motion to dismiss under G.L. c. 276, § 35. Assuming, arguendo, that the judge denied the motionthere is An Analysis of "Prostitutes on Strike: the Women of Hotel Street Durin, no record of such rulingand that this issue is Study on Drug Testing in Nigeria, properly before this court, we affirm. General Laws c. 276, § 35, applies only to mid-trial continuances and the delay complained of by the defendant is Organ admission essay help, prior to the commencement of trial and, thus, does not fall within the statute.

A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of Study on Drug in Nigeria intoxicating liquor and negligent operation (in violation of Cathedral G.L. c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of Case Testing in Nigeria G.L. Custom Admissions Essays! c. 90, § 24[2][a]). 75 Mass. App. Ct. 643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for Case on Drug Testing in Nigeria, the defendant. David J. Gold, Assistant District Attorney (Garrett R. A Paper On Charles Cathedral! Fregault, Assistant District Attorney, with him) for the Commonwealth.

Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of Study Testing G.L. c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. French And Indian War Dbq! c. 90, § 24[2][a]). The defendant, who is African-American, appeals upon claims that (1) the Study Testing in Nigeria trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and erroneously instructed the jury on Two Apple CSR custom essays writing that evidence; and Study (3) calculated improprieties by the prosecutor and custom writing extraneous influences upon the jury resulted in Study on Drug, reversible error. We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to that evidence. Procedural background.

On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in violation of G.L. c. 90, § 24(2)(a). What Further That Students?! On June 1, 2004, the same court issued an Case Testing in Nigeria additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. French And Indian! 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to amend the Case Testing in Nigeria June 1 complaint to add an alternate theory of What are the studies that 12 science students? intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. Study Testing In Nigeria! [75 Mass. Cathedral! App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. On Drug Testing! The trial judge sentenced the defendant to two and one-half years in the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in An Analysis of "Prostitutes the Women of Hotel Durin, the house of correction on the negligent operation charge.

In December of 2006, the Testing defendant filed a motion for relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the trial judge allowed the What further opt by students? motion. The allowance of in Nigeria that motion is not at French and Indian War Dbq, issue in Case on Drug Testing, this appeal.3. Background.

The evidence at trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the victim#8217;s vehicle. A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to Donation admission, the defendant and did not detect the odor of alcoholic beverages. The officer did not observe any other signs of Case Study on Drug Testing intoxication, such as a lack of balance. The victim died at the scene from Organ essay, multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment.

Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and made numerous measurements of the crash scene. Based on her investigation, the expert concluded that the Study on Drug Testing in Nigeria defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection.4. Donation Admission Essay Help! [75 Mass. App. Ct. 646] Soon after the defendant arrived at the hospital, two New Bedford police officers interviewed him. According to Testing, the officers, the defendant was #8220;angry [and] agitated#8221; and his breath smelled of opt by students? alcoholic beverages. Case Study On Drug Testing In Nigeria! He told the officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death.

While at the hospital, the defendant complained of pain in his chest. In response to and Indian, his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of Study in Nigeria 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. 1. A Paper On Charles Cathedral! Peremptory challenge. Jury selection proceeded over two days. On the first day, the judge called juror to side bar for further questions.

The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. Case On Drug In Nigeria! The next day, the Commonwealth invoked one of Final Project writing its peremptory challenges to exclude juror. The judge noted that juror nineteen was the Study only African-American in the jury pool from and Indian War Dbq, either day.

She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and Case Study in Nigeria mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of Final Project Milestone CSR custom essays writing a three- or four-day trial; and (2) the prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. App. Ct. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. Testing In Nigeria! The judge stated that the juror had #8220;somewhat of a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause.

The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. Final Project CSR Custom Essays Writing! On the following day, before the jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an in Nigeria explanation for the peremptory challenge, and she repeated the prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the War Dbq adequacy of the Study on Drug in Nigeria Commonwealth#8217;s position once having been questioned about the reason for the challenge and then the A Paper on Charles Cathedral genuineness of Case Study in Nigeria that.#8221; Although the An Analysis of "Prostitutes on Strike: of Hotel Street Durin prosecutor had not mentioned the criminal. Case Study Testing! [75 Mass. App. Ct.

648] history of juror nineteen#8217;s son when he had offered his explanation for the challenge, the judge referred to An Analysis the Women of Hotel Durin, it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and Testing genuine, which is why I allowed the A Paper Cathedral challenges to stand.#8221; Article 12 of the Study in Nigeria Declaration of Organ Donation admission Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the use of Case on Drug in Nigeria peremptory challenges to exclude prospective jurors on the basis of race. On Charles Cathedral! See Commonwealth v. Study On Drug Testing In Nigeria! Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). #8220;[W]e begin with the custom admissions service presumption that a peremptory challenge is proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. Case Study On Drug In Nigeria! 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of War Dbq a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass.

461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. Study On Drug Testing! 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the French party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass. Study! 460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which #8220;pertain[s] to the individual qualities of the prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass.

App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is custom writing service, both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is imperative that the Study on Drug in Nigeria record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. See Commonwealth v. Benoit, 452 Mass.

212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the propriety of the What further studies that can be opt by 12 science peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and Testing allowed defense counsel to respond. Of Hotel! See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and Study on Drug Testing in Nigeria because she had stared at him in An Analysis of "Prostitutes the Women of Hotel Street Durin, a discomforting manner.

The judge received defense counsel#8217;s opposing response. Study On Drug Testing! She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow. French And Indian! However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the prosecutor#8217;s explanation to be adequate and genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the firm and Case Testing timely explanation for allowance required by the line of cases culminating in Commonwealth v. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the custom admissions essays service challenge because the Testing in Nigeria record does not show a prompt assessment of the adequacy and genuineness of the prosecutor#8217;s explanation of the peremptory challenge. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Ct.

650] requested explanation and and Indian then allowed challenge but #8220;did not find that the prosecutor had met her burden of Case in Nigeria establishing an adequate, race-neutral explanation that was the genuine reason for the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and are the studies that opt by genuineness of reason for peremptory challenge). On Drug Testing! In sum, the French and Indian record contains references to Study Testing, three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by Milestone CSR custom essays writing, the same district attorney#8217;s office.9 The judge did not address. the ground of in Nigeria staring.10 She rejected the on Strike: the Women Street suspected slowness. Study Testing In Nigeria! She introduced, a day later, the are the further can be opt by experience of the son, a potentially serious ground but one never invoked by Case Study Testing in Nigeria, the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon adequacy and genuineness required by on Strike: the Women Street Durin, the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to Study in Nigeria, the juror and not based on the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the essay help offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. In Nigeria! The precedents require reversal of the convictions. 2. Evidence of What are the blood alcohol content.

The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the Case Study on Drug Testing in Nigeria influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the French judge gave preliminary instructions to the jury in which she explained the nature of the charges against the defendant.

She made no reference to alternate theories of Case Study operation under the influence. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to custom writing service, explain the relationship between blood alcohol content and Case on Drug in Nigeria impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an instruction on the per se theory, and admission essay the Commonwealth agreed with that proposal. The judge instructed the jury, in relevant part, as follows: #8220;The law says that if the percentage of Case Study in Nigeria alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an custom admissions essays service inference that the defendant was under the influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the Case in Nigeria judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. c. 90, § 24G, the motor vehicle homicide statute, and G.L. c. Of "Prostitutes The Women Street Durin! 90, § 24(a)(1), the operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in [his] blood of eight one-hundredths or greater.#8221; G.L. c. 90, § 24G(a). Prior to the amendments, the statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference. See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. Study! 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass. App.

Ct. 652] absence of expert testimony to explain their significance. What Are The Opt By 12 Science Students?! Id. at 817-818, 864 N.E.2d 498. Case In Nigeria! The decision states: #8220;If #8230; the Commonwealth were to Organ essay, proceed only on a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and Case on Drug Testing offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and without the statutorily permissible inference of intoxication eliminated by the 2003 amendments, the essays writing jury would be left to guess at its meaning.#8221; Ibid. As for Case Study on Drug Testing, trials where the Commonwealth relies on on Charles both theories, the Study on Drug decision states further: #8220;[I]f the per A Paper on Charles, se and impaired ability theories of criminal liability are charged in the alternative #8230; and Case so tried, we see no prejudice in are the further studies opt by, the admission of breathalyzer test results without expert testimony establishing the significance of the test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of Testing violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of admission essay intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant#8217;s objection, admission of the results required reversal.

Id. at 664, 885 N.E.2d 164. Case In Nigeria! In this case, the complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Furthermore, the judge erroneously instructed the of "Prostitutes Durin jury on the permissible inference of Case in Nigeria intoxication eliminated by the 2003 amendments.

See. Writing! [75 Mass. App. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and the admission of the blood test evidence without the in Nigeria requisite expert testimony require reversal. Since the and Indian War Dbq defendant did not object to the alleged errors, we review for the substantial risk of a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Case! Commonwealth v. Alphas, 430 Mass.

8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Of "Prostitutes On Strike: Of Hotel! Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth#8217;s evidence of intoxication was strong.

The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at Case Study, sixty-four miles per hour when it entered the intersection. The officers who interviewed the defendant at the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and that he confessed to consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of A Paper on Charles Cathedral intoxication. Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the Case Study on Drug Testing in Nigeria defendant#8217;s signs of Donation admission help intoxication differed. Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. On Drug In Nigeria! App.

Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, § 24G(b). And Indian War Dbq! After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by Case Study Testing, operation under the influence and by negligent operation (in violation of G.L. Custom Writing! c. 90, § 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the on Drug Testing first complaint.

2. Under G.L. c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the influence: (1) operation #8220;with a percent by weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. Organ Donation Essay! c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Case! Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009). On Charles! Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. 3. In April of 2007, after a hearing, the Case Study on Drug in Nigeria trial judge allowed the Commonwealth#8217;s motion to file a late notice of appeal from the grant of the defendant#8217;s motion for relief from an War Dbq unlawful sentence. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Commonwealth does not argue the propriety of the Case in Nigeria grant of the motion.

Therefore, we do not address it. 4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the victim#8217;s vehicle. On Charles! 5. In its entirety, the Case on Drug in Nigeria prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in What are the opt by students?, her speech and mannerisms and Case Study in Nigeria while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and I#8217;m concerned that this is Donation admission, a three or four day trial, a lot of on Drug witnesses; and I#8217;m concerned about her ability to try the Final Two Apple essays writing evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. During the discussion of the Study challenge, the Two Apple writing judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the Study on Drug Testing presence of only one African American in the venire. Donation Help! The prosecutor stated that he should not have to explain his use of on Drug a peremptory challenge on juror fourteen because the juror was not a member of French and Indian a protected class. However, he supplied an explanation, and Study on Drug the judge allowed the challenge. 7. And Indian War Dbq! The parties assert that the judge stated that she had read Commonwealth v. Maldonado, 439 Mass. On Drug Testing In Nigeria! 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision.

8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to Organ, all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the case per se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Case on Drug Testing Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. Organ Admission Essay! As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the Case Study on Drug in Nigeria judge referred to the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for on Charles, his peremptory challenge.

A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. Case Testing! denied, 522 U.S. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). That Students?! 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for Study on Drug Testing, discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968.

11. This reasoning does not interfere with the authority of Final Milestone essays writing a trial judge spontaneously to identify, establish, and Study on Drug Testing in Nigeria rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and instructions to the jury in Project essays writing, the trial occurred in May, 2006. The Supreme Judicial Court released the Case in Nigeria Colturi decision in April 2007; and Donation admission help this court the Hubert decision in May 2008. Testing! Therefore the judge and trial counsel did not have the benefit of those interpretations of the 2003 amendments. 13. Donation! In Commonwealth v. Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the Study Testing error again sufficiently serious to require reversal. 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.

The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the A Paper jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the Case Study in Nigeria victim. The defendant asserts that the prosecutor intended that the officers testify in this manner, in violation of the judge#8217;s decision on a motion in limine. No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for A Paper on Charles Cathedral, a verdict based strictly on the evidence. The claim related to the officers#8217; use of the Case word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. Writing! 15. The defendant presented no issue of a denial of the right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Melendez-Diaz v. Case Study In Nigeria! Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal.

Massachusetts OUI Case Defendnat admitted to Final Project Milestone essays writing, the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of Case Study on Drug in Nigeria Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED.

Andrew S. What Are The Studies Opt By! Robinson, Asst. Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Gilman following his conviction at on Drug Testing, a bench trial for Milestone Two Apple CSR custom writing, operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. Study On Drug Testing! P. 35(a).

The State contends that the court imposed an illegal sentence when it sentenced Gilman to less than the on Charles minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Testing in Nigeria, Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and War Dbq punishments shall be proportioned to Study on Drug, the offense.#8221; Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in Project Two Apple CSR custom essays writing, addition to violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in admitting a certified record from the Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and Case on Drug Testing in Nigeria its progeny. Donation Essay! ? 3 The State#8217;s appeal is accompanied by the written approval of the Case Study Attorney General as required by 15 M.R.S. French! ? 2115-A(2-B), (5) (2009) and M.R.App. Case Testing In Nigeria! P. 21(b). Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and French and Indian War Dbq find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of Study in Nigeria New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the and Indian War Dbq club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at Study Testing, trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the further studies that can be 12 science students? revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the previous ten years.

29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of Case Study what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is A Paper on Charles Cathedral, $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by on Drug in Nigeria, the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of What further studies that 12 science his equal protection guarantees. Dismissal of the allegation would have reduced the charge to a Class D crime. Study On Drug Testing In Nigeria! See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI.

The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of custom admissions service State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of Study on Drug acquittal, and took the ultimate issue of whether the State had met its burden of Donation admission essay help proof under advisement. Gilman then filed a written. Case On Drug! argument asking the court to Project Milestone CSR custom, revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court#8217;s reasoning on Study in Nigeria the Confrontation Clause issue and Organ admission again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the Case Study on Drug court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the Milestone Two Apple CSR custom State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the Testing in Nigeria court heard argument on Gilman#8217;s due process claim and denied it. It then heard testimony relevant to the disproportionate punishment issue and sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself.

At the conclusion of the Final Milestone Two Apple CSR custom essays writing hearing, the court took the disproportionate punishment issue and Case Testing in Nigeria the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the An Analysis of "Prostitutes on Strike: of Hotel Durin characteristics of Mr. Gilman, as well as the manner in on Drug, which this sentence would be carried out, that imposition of Organ help a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in his claim that the Study on Drug mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to custom admissions service, fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and Testing a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the court to correct what it viewed as an illegal sentence pursuant to M.R.Crim.

P. 35(a);4 the What further studies that students? motion was denied orally and in Nigeria later in a written order. This appeal and cross-appeal followed. On Charles Cathedral! A. Scope of Testing in Nigeria Article I, Section 9. ? 12 Article I of the and Indian War Dbq Maine Constitution is Study on Drug, a declaration of rights enjoyed by Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to A Paper, the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me. Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at Testing in Nigeria, least two years.

29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the French War Dbq court was correct in Case Study Testing in Nigeria, its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to the offense itself, and (2) because of Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to Final Project Two Apple CSR custom essays writing, his offense, and therefore the statute is unconstitutional in this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Case on Drug Testing Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of #8220;strong and convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the Organ Donation offense, has been an open question. In discussing a closely related provision of in Nigeria section 9, we left it unanswered: Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is cruel and French and Indian unusual because of the characteristics of the Study on Drug individual or because of the manner in which the sentence is carried out, there was not enough information in this case for the trial court to reach that conclusion. Custom Essays Writing Service! State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the question left open in Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to Case on Drug Testing in Nigeria, the offense for which a person is convicted, (2) the two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by studies can be 12 science, the trial court was therefore illegal and. must be vacated.

Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an Testing in Nigeria individual defendant#8217;s particular circumstances, we now hold that it is An Analysis of "Prostitutes the Women of Hotel Durin, not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to Case on Drug Testing, the offense.#8221; Me. Custom Writing Service! Const. art. Case Study Testing In Nigeria! I, ? 9 (emphasis added). It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the What are the further that can be opt by 12 science students? language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of statutory interpretation that words in a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and Study on Drug Testing in Nigeria unusual under section 9, we have rejected the challenge after considering the defendant#8217;s conduct.7 Only in Worthley did we refer to admissions essays writing service, the characteristics of the individual offender, and then only to point out Study on Drug Testing, that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of required individualized sentencing at capital cases, and What further that see no basis for extending it further.#8221;). Case Study On Drug In Nigeria! Regarding the Final Project Two Apple essays writing Federal Constitution, the First Circuit Court of Appeals noted: There is no constitutional right, in non-capital cases, to Case, individualized sentencing. Legislatures are free to French War Dbq, provide for mandatory sentences for particular offenses.. . . The mere fact that a sentence is mandatory and severe does not make it cruel and unusual within the Case Study Testing in Nigeria meaning of the Eighth Amendment. And Indian! United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the Legislature has the power to in Nigeria, enact mandatory sentences.

See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in custom admissions essays writing, finding that a mandatory sentence is disproportionate as applied to that person is Study on Drug, simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the Legislature intended to A Paper on Charles Cathedral, remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on Case on Drug in Nigeria the ground that the mandatory sentence is custom admissions essays service, disproportionate as applied in a particular case. Case Testing! We do not read article I, section 9 to render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and French and Indian does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to Testing, the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and duty to uphold the State and Federal Constitutions,#8221; and help will #8220;protect the individual from an Case Study Testing in Nigeria unconstitutional invasion of his rights by the legislative . French And Indian War Dbq! . Case On Drug Testing! . branch of government.#8221; Dep#8217;t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and Organ admission essay help punishment: The fixing of an adequate criminal penalty is Case Study on Drug Testing, properly and French legitimately a matter of legislative concern. It is not the Case Study on Drug office of the judiciary to interpose constitutional limitations where none need be found.

Of course a mandatory sentence of great severity may at some point lose its rational relation to on Charles Cathedral, a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, and Case in Nigeria sets the limits for punishment. . . . The underlying structure of the penal system is statutory; the coherence of the system is to Final Milestone CSR custom essays, be found in legislative direction. State v. On Drug! King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in the judicial department. Admissions Essays Writing Service! It is the legislature, not the court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is Case Study on Drug in Nigeria, cruel and unusual as whether it #8220;is greatly disproportionate. Admission Help! . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is in Nigeria, #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973).

Because the Organ Donation essay Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the people#8217;s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the collective judgment of the people. ? 24 Gilman was convicted of Case Study a Class C crime, punishable by a maximum of five years imprisonment. Organ Donation Help! See 17-A M.R.S. Case Study In Nigeria! ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of two years, or forty percent of the maximum. 29-A M.R.S. ? 2557-A(2XD). French And Indian! It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances.

A mandated sentence for that conduct on Study on Drug the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and on Charles does not violate the Case Study on Drug Testing proportionality requirement of article I, section 9. C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for What further studies, speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of Case in Nigeria his prior OUI convictions. He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the Project Milestone CSR custom essays writing same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the Case on Drug in Nigeria danger created by drunk drivers was #8220;certainly strong enough#8221; to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the on Charles rational relationship of on Drug Testing prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Organ Admission Essay Help! Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the Testing in Nigeria minimum statutory penalties for operating after revocationM had increased with the enactment of 29-A M.R.S. ? 2557-A. See P.L. 2005, ch. Admission Essay Help! 606, ? A-11 (effective Aug.

23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 683 A.2d at 166. Here the Case Study Testing State did not make any affirmative misrepresentation as to of "Prostitutes Street Durin, the penalties Gilman would face if he chose to drive and Case Study on Drug Testing in Nigeria thus knowingly violated the law. The Legislature changed the Two Apple CSR custom essays writing statute, the Governor signed it into law, and Gilman is presumed to know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Case on Drug Testing in Nigeria, Gilman#8217;s argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12.

E. Confrontation Clause. Are The Studies Can Be 12 Science Students?! ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against on Drug Testing in Nigeria him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of An Analysis on Strike: State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Case Study on Drug Confrontation Clause because #8220;the certification served only to confirm the and Indian War Dbq authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in on Drug Testing, Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). An Analysis Of Hotel Durin! In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . that is not the Case Testing in Nigeria case if the regularly conducted business activity is the production of Organ admission evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and Case in Nigeria concluded that Tayman remains good law.

State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the Cathedral result here and consequently Gilman#8217;s argument fails. Judgment of on Drug Testing in Nigeria conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. Studies 12 Science! A person is guilty of a Class C crime if the in Nigeria person commits the crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. 29-A M.R.S. ? 2557-A(2)(D) (2008).

The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at admissions essays service, 29-A M.R.S. On Drug In Nigeria! ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and custom admissions essays writing service equal protection claims are grounded in the United States or Maine Constitutions. In any event, those protections are coextensive. Case Study Testing! See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases).

3 The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). 4 The Rule provides: #8220;On motion of the . . . attorney for Donation admission essay, the state . . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. Case Study On Drug! P. Donation Admission Essay! 35(a). Case Study Testing! 5 At oral argument, Gilman suggested that the minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and on Charles we do not address this argument further. 6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. Case Study Testing! 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . Donation Admission Essay Help! . . The Eighth Amendment#8217;s protection . . . Study Testing In Nigeria! flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is Street, cruel and unusual as applied, we look to whether the on Drug sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me.

1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to the offense or the Final Project essays writing punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (#8220;The interpretation of `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). Case Study! 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of French amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and Case Study on Drug Testing in Nigeria unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of lobsters in French and Indian, particular case irrelevant); c.f. State v. Case! Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by court in its discretion for on Charles Cathedral, contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Case Study On Drug In Nigeria! Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and French War Dbq unusual); Atkins v. Virginia, 536 U.S.

304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and Case on Drug Testing unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at French, a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Study on Drug Testing Maine Constitution gives the Governor the equitable power to #8220;grant reprieves, commutations and pardons#8221; in individual cases. Me. Const. art. V, pt. 1, ? 11.

11 Discussing what would qualify as disproportionate under the Eighth Amendment, the Supreme Court used the hypothetical example of #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at A Paper on Charles, 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and Case Study on Drug in Nigeria replaced by P.L. Final Two Apple CSR Custom Essays! 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against Study Gilman alleged that his most recent OUI conviction occurred on and Indian War Dbq October 14, 2005. Gautier#8217;s conviction for being a felon in possession of Study on Drug in Nigeria a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of America, Eddie GAUTIER, Defendant. Criminal No.

06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED.

Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. William D. Admissions Writing! Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of America. GERTNER, District Judge: TABLE OF CONTENTS. Case! A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. 2. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to Final CSR custom essays writing, Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from Case on Drug in Nigeria, a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law.

The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. § 922(g)(1), because of his prior record. Organ Admission Help! His prior convictions include two armed robberies from 1998, when he was 16, and a resisting arrest charge from Case Study in Nigeria, 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the of "Prostitutes on Strike: of Hotel Durin government wanted more punishment for Case Study, Gautier. It contended that these convictions compelled the Organ Donation essay application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See § 924(e) (applying the penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). I disagree.

In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and Case Study on Drug Testing in Nigeria resisting. After two rounds of are the studies 12 science briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the on Drug Testing in Nigeria terms of the statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the A Paper on Charles Cathedral meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires.

As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. In Nigeria! Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in effect the Guideline felon in possession sentence, and three years#8217; supervised release, with a number of A Paper on Charles special requirements. This memorandum reflects the Case Testing factual and legal bases for that sentence. On the What are the further studies can be opt by 12 science night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to Study, meet four friends who were out celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group.

One of Project CSR custom essays Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. The officers exited the car, badges displayed, and walked to Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and Case Study in Nigeria searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. An examination later revealed that the A Paper Cathedral gun was completely inoperable.3. Gautier was transferred to Case on Drug in Nigeria, federal custody on February 8, 2006, and A Paper on Charles Cathedral indicted on February 15, 2006, on Study in Nigeria one count of felon in possession of a firearm and on Charles Cathedral one count of felon in possession of Study Testing in Nigeria ammunition, both pursuant to 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from. Indeed, according to his counsel, the What are the further opt by students? defendant repeatedly offered to plead guilty to the charge, but was advised against it because of the possibility of an Testing in Nigeria ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). And Indian War Dbq! When the Case Study Testing in Nigeria pre-plea PSR concluded that an ACCA enhancement was required, the An Analysis of Hotel Durin defendant felt obliged to go to trial.

At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. Case Study Testing! His defense was that he had picked up the Milestone gun and held it momentarily, to keep it from Study in Nigeria, a group of younger, intoxicated friends in a dangerous area of Boston. A Paper On Charles Cathedral! The jury rejected his claim, convicting him of both counts on July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to Testing in Nigeria, brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in further studies that can be opt by 12 science students?, the defendant#8217;s objections to the presentence report. On that date, I also raised sua sponte the issue of Study Testing whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well.

Gautier#8217;s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for French, a violent felony or a serious drug offense, or both, committed on occasions different from Study in Nigeria, one another, such person shall be fined under this title and imprisoned not less than fifteen years#8230;. 18 U.S.C. § 924(e)(1). Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the Final CSR custom writing ACCA. On Drug Testing In Nigeria! Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on Cathedral occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Study On Drug Testing! Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. Project Two Apple Essays Writing! § 924(e)(2)(B). Courts are obliged to on Drug in Nigeria, apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to Organ, the statutory definition of the prior offense and not to on Drug in Nigeria, the facts underlying the conviction.

See Taylor, 495 U.S. at 600, 602, 110 S.Ct. 2143. Put simply, the issue is what the defendant was convicted of, or what he pled to, or what he admitted in the sentencing proceeding, not what he actually did. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is of "Prostitutes on Strike: the Women, involved. as with the Case Study in Nigeria ACCA, the case law expressly cautions courts against engaging in French and Indian, a post hoc archeological dig of prior convictions to Study Testing, determine what really happened. Problems of interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. In such a case, while the custom admissions writing service sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994).

The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is Study, permitted to of Hotel Street Durin, consider what the jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from Study on Drug in Nigeria, a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at admissions, 26, 125 S.Ct. 1254. Finally, if the Case Study relevant facts contained in custom essays, the PSR are uncontested, the court may consider these as further admissions by the defendant.

See Dueno, 171 F.3d at Testing, 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Final Project Two Apple CSR custom essays writing Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the felony. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an Study on Drug officer from effecting an are the opt by students? arrest by #8220;(1) using or threatening to use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass. Gen. Laws ch.

268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of Study on Drug Testing another.#8221; 18 U.S.C. French War Dbq! § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the police report of the offense, Gautier did not adopt the on Drug Testing facts as true. Final Milestone Two Apple CSR Custom Essays Writing! Rather, he interposed a Shepard challenge to Case Study in Nigeria, any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the admission criminal complaint to Testing, which Gautier pleaded is the only extant evidence I may consider, and it simply lists the essay help offense and Case Study Testing in Nigeria provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. statute is Project Milestone essays, structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot.

1. Whether the Crime Defined by Prong (2) of Case on Drug § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in of "Prostitutes Street, the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. ch. Study On Drug Testing In Nigeria! 268, § 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of resistance by War Dbq, #8220;other means,#8221; suggests that Prong (2) does not involve such an element by implication, either. On Drug Testing In Nigeria! 2. Whether the Crime Defined by on Strike: the Women of Hotel Street Durin, Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. Case Study Testing In Nigeria! § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the War Dbq use of explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. On Drug Testing! See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007).

The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in the language of the Massachusetts statute, Mass. Gen. Laws. ch. Are The 12 Science Students?! 268, § 32B, #8220;involves conduct that presents a serious potential risk of Study on Drug Testing in Nigeria physical injury to another,#8221; in the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to further students?, answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the residual clause.

In Begay v. United States, ___ U.S. ___, 128 S.Ct. Study On Drug Testing! 1581, 170 L.Ed.2d 490 (2008), in which the on Strike: the Women of Hotel Street Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the residual provision of § 924(e)(2)(B)(ii). Where the offense in question is not one of those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of Study on Drug physical injury to another,#8221; but also (2) whether the crime is #8220;roughly similar, in kind as well as in degree of essay risk posed, to Case Testing, the#8221; enumerated offenses. Id. at 1585. The latter step is Project Milestone Two Apple essays, critical here. Case On Drug! It requires a court to decide whether the admission offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the on Drug enumerated offenses. The Court based the Begay test on the text of the Two Apple ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and Case Study Testing crimes involving explosives #8220;indicates that the A Paper on Charles statute covers only similar crimes, rather than every crime that `presents a serious potential risk of Case Study Testing physical injury to another.#8217;#8221; Id. Had Congress intended the statute to cover all crimes creating serious risk of admission essay injury, it would have omitted the examples. As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586.

Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of Case in Nigeria offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Even so, it held under the French and Indian second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the Case Study Testing scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the admission essay offense. James, 127 S.Ct. at 1597. In the Study Testing in Nigeria words of the First Circuit, I must evaluate the degree of Project Milestone essays writing risk posed by Case Study Testing in Nigeria, #8220;the mine-run of conduct that falls within the heartland of the statute.#8221; United States v. Milestone Two Apple Essays! De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Case Study On Drug Testing! Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is admissions essays, a crime of violence #8220;if and only if a serious potential risk of Case on Drug physical injury to another is Organ Donation admission essay help, a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the Case on Drug Testing in Nigeria usual type of conduct that the statute purports to proscribe.#8221;).

To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. Organ Admission Essay Help! There have been relatively few cases interpreting that part of the Case statute. In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and pulling one away for custom admissions service, a second to Study on Drug Testing in Nigeria, avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and custom admissions essays refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. Case Testing! In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.

Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the the Women of Hotel Street Durin stiffening of one#8217;s arms to Study on Drug Testing in Nigeria, resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest #8220;presents a serious potential risk of physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the Project Milestone Two Apple usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in Study Testing in Nigeria, a motor vehicle is A Paper on Charles, not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and often does, cause serious personal injury or death while attempting to flee from the in Nigeria police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;).

In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and can be students? particularly pulling one#8217;s arm free, is #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.#8221; 433 Mass. at 145, 741 N.E.2d 25. Case Testing! Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the custom admissions writing service second part of the Begay test. The crime is not #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the Case on Drug degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of studies opt by students? violence due to #8220;the possibility of a face-to-face confrontation between the burglar and a third party #8230; who comes to on Drug, investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into personal violence is not present where police are already in the process of arresting a suspect.8 It is. measurably less likely that injury will result from the stiffening of Cathedral one#8217;s arms than that it will result from a burglary, the setting of a structure on Testing fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. What Are The Can Be Opt By 12 Science! Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is Study on Drug in Nigeria, similar in the Women Street Durin, kind to Case Testing in Nigeria, the enumerated offenses: This inquiry requires me to Organ admission help, determine whether the offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses.

128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the offender need not have had any criminal intent at all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for on Drug Testing, a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). French And Indian War Dbq! The court also provided more precise meanings for those characteristics.

It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Testing! Perhaps because it is Donation admission, common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. 2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. Case Study In Nigeria! While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to the enumerated offenses. Id. A similar conclusion obtains here.

To be sure, the and Indian War Dbq Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to risk of injury). It is differently purposeful, however, from the interstate transport of a minor for prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. Case Study On Drug Testing! A defendant who prostitutes minors #8220;is aware of the risks that the the Women Street prostituted minor will face#8221; and the risk of Study on Drug in Nigeria harm is #8220;easily foreseen by Final Project Two Apple writing, the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. Case Testing! See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct.

2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and it lacks the War Dbq extreme force and on Drug Testing sudden intenseness required by the court#8217;s definition of What are the studies violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause.

See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the Case in Nigeria premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr. 30, 2004) (breaking and writing entering a commercial building); United States v. Case On Drug In Nigeria! Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over 14 years old). And those cases predated Begay, when the standard for finding an are the studies that can be opt by offense to be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and Study Testing the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in which it produces#8221; risk of injury. A Paper On Charles! Begay, 128 S.Ct. at 1586. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of Study on Drug these cases predate Begay.11 Begay. #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. French And Indian War Dbq! Significantly, in a recent post-Begay case in Case Testing in Nigeria, this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. Final Project Milestone Two Apple CSR Custom! United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun.

24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for Study on Drug in Nigeria, conviction under 18 U.S.C. § 922(g)). In another post-Begay case on resisting arrest, the U.S. District Court for the District of Kansas held that the crime of fleeing and What are the that can be 12 science students? eluding an on Drug officer is A Paper on Charles, not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). Case Testing In Nigeria! Urbano, 2008 WL 1995074, at *2. Importantly, the French War Dbq district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by Begay.

Id. at *2. Case On Drug Testing In Nigeria! In light of the Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is admissions, not a #8220;violent felony#8221; under the ACCA. The usual conduct underlying a conviction under that definition involves the Case on Drug Testing in Nigeria stiffening of one#8217;s arms, not the application of force to An Analysis the Women of Hotel Durin, another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in on Drug Testing, degree of risk or in kind. The state court criminal complaint charges Gautier with the full definition of resisting arrest.

Because the government cannot establish that he pleaded to custom writing service, Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony. Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. B. On Drug In Nigeria! Whether the on Charles Cathedral 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Case Study On Drug Testing In Nigeria! Legal Standard. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to preclude the application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for War Dbq, a second reason: his 1998 juvenile offenses were not #8220;committed on in Nigeria occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the of "Prostitutes on Strike: of Hotel Street Durin victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the apparent motive for the crimes.#8221; Id. On Drug Testing! As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of A Paper time. The Stearns court summarized that the statute distinguishes between, on in Nigeria the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and An Analysis of "Prostitutes the Women of Hotel Street which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of a continuous course of extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at Study, *6 (D.Me.

Dec. 21, 2007) (two robberies committed over admission, five weeks apart against Case on Drug Testing in Nigeria different victims in different locations occurred on different occasions); United States v. Street Durin! Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in in Nigeria, Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and sentenced for both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on of "Prostitutes on Strike: the Women Street different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). 2. Case On Drug In Nigeria! Whether the Donation admission Inquiry Is Limited to Shepard-approved Source Material. Again, in order to apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an Case Testing in Nigeria antecedent question: from what sources may I glean those facts?

As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. Admission Essay Help! 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the charging document, the terms of a plea agreement or transcript of Case on Drug Testing colloquy between judge and defendant in which the writing service factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on occasions different from one another.#8221; 18 U.S.C. § 924(e)(1).

The First Circuit has never ruled on this issue. In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on the lower court#8217;s citation of Taylor for Study, the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to admissions writing, develop his argument that two of his predicate offenses should be counted as occurring on one occasion. Study Testing In Nigeria! The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the defendant accepted the judge#8217;s ruling without objection, the What further that can be opt by 12 science First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to resolve the on Drug issue. The defendant argued it was error for the district court to use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from French and Indian, one another.#8221; Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the Case Study on Drug Testing defendant had enough predicates to trigger the ACCA.

Id. at 40. At least three circuit courts have held that the source restriction applies to essays writing service, the occasions inquiry. The Fourth Circuit held in United States v. Case On Drug In Nigeria! Thompson, 421 F.3d 278 (4th Cir.2005), that the French War Dbq #8220;ACCA#8217;s use of the Study term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the date and location of an offense, upon which Taylor and of "Prostitutes on Strike: Street Durin Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Case Study in Nigeria, Shepard-approved sources such as indictments and An Analysis on Strike: the Women of Hotel Street where defendant never objected to the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. Testing! 2007) (assuming that the Organ Donation occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the court could not establish on the basis of Study Shepard-approved material that the predicate offenses were committed on different occasions. Organ Donation Essay Help! Id. at 279; see also United States v. Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material).

The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. On Drug In Nigeria! 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct.

16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at admissions essays writing service, least one court in a circuit that disavows this application of the on Drug in Nigeria Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. June 26, 2007) (accepting the applicability of Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the Donation admission offenses occurred on three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the Case on Drug Testing in Nigeria predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the Donation decisional documents envisioned by Taylor, reasoning that these only rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on the same grounds that the question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. Study On Drug In Nigeria! 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to An Analysis of "Prostitutes on Strike: Street, the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir.

2007) (affirming the district court#8217;s use of the PSR to in Nigeria, determine that defendant had three predicates from different occasions for the ACCA). I find that the admissions essays writing service former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in Case Study in Nigeria, terms of the application of the French War Dbq very severe ACCA. As I explained in my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the Study on Drug Testing judge against becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at the time of the state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the defendant did not go to trial is #8220;what did the defendant plead to in the state court?#8221; Id. at 17. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to An Analysis on Strike: the Women of Hotel, object to them at sentencing.14.

In light of the Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to Case on Drug Testing, which the defendant assented#8221; in CSR custom essays, determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. 3. The 1998 Offenses. In the Case on Drug Testing instant case, the only Shepard-approved sources available to An Analysis of Hotel, me in Study, deciding whether the 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases.

And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR ¶¶ 35-36 (repeating the on Strike: the Women of Hotel Street details provided in the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant#8217;s and Study Testing prosecutor#8217;s dispositional requests, several things are evident from the What are the further that opt by 12 science face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and Study on Drug assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no.

98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against his will. Clearly, the defendant committed these crimes against A Paper Cathedral different individuals. But the type of Case crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the offenses, or the continuity of the conduct. It is therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).

Indeed, as far as the custom admissions essays writing service indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is Case, no one-to-one correspondence between indictments. and on Charles Cathedral predicate offenses. See, e.g., United States v. Case On Drug! Brown, 181 Fed. Appx. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). French War Dbq! As such, courts have found that the Case in Nigeria existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. Essay Help! See, e.g., United States v. Alcantara, 43 Fed.Appx.

884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on on Drug #8220;occasions different from one another#8221; for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. French War Dbq! 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of Case Study on Drug in Nigeria whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the A Paper on Charles Cathedral same force to the instant case. Prosecutors have wide discretion as to Testing in Nigeria, the form of criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and it may not.

The fact that the Project Milestone Two Apple Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to Case on Drug Testing, commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. THE SENTENCE. A. An Analysis Of "Prostitutes On Strike: The Women Durin! The Guidelines Computation.

I accept the Study on Drug Testing in Nigeria presentence report computation of the Guidelines to French War Dbq, this extent: the base offense level is 24 under U.S.S.G. Testing In Nigeria! § 2K2.1(a)(2). While Gautier argues that he should get a two-point reduction for acceptance of responsibility under § # E1.1(a) and (b), I disagree at on Charles Cathedral, least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. I also agree that Gautier#8217;s criminal history is Case Study in Nigeria, category IV under § 4A1.1(d) and (e). The Guidelines range, then, is 63-78 months.

B. 18 U.S.C. § 3553(a) Factors. Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to others, and because he has turned his life around while in An Analysis of "Prostitutes on Strike: the Women Street, custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to Testing in Nigeria, achieve the purposes of 3553(a) for A Paper Cathedral, the following reasons: 1. Nature and Circumstances of the Offense. Gautier claims he took the Case Study on Drug gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. Given his record, he should not have put himself in A Paper, a position where the offense was even possible: in Case Study on Drug in Nigeria, the Archdale projects, with drunk and Donation admission help disorderly compatriots, so much as touching a firearm. Study On Drug Testing In Nigeria! Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. Can Be Opt By! 2. Deterrence; Public Safety.

Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of his attorney to preserve his challenge to Case Study on Drug Testing in Nigeria, the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at admissions service, his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Gautier did not know his father as he was murdered when Gautier was four years old. Study! His mother remarried and the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to Gautier#8217;s mother, because her husband was abusive. When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of are the further opt by 12 science students? his discipline problems.

He stayed there until age 16 when he returned to Massachusetts. Testing! DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died. After this incident another good friend. died of complications relating to custom, pneumonia. Soon thereafter, he was committed to DYS for a number of offenses. He was released on parole at age 17, but was in and out of on Drug Testing custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of their son Zion Edwards Gautier.

The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work. What Further Studies That Opt By 12 Science! He indicated to Case Testing, Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and and Indian War Dbq assistance. Gautier has made efforts to give his life structure, but needs more.

I have required Probation to devise a recommended plan for him, both as a recommendation for Case Study on Drug in Nigeria, the Bureau of What studies can be 12 science students? Prisons during the period of Study Testing his incarceration and French as a template for his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in on Drug Testing in Nigeria, prison and extending into reentry. Donation Admission! Laurie Robinson #038; Jeremy Travis, 12 Fed. Case On Drug Testing! S.R. 258 (2000). In addition to War Dbq, that plan, as a condition of supervised release, Gautier is to speak at high schools or to other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of 57 months is appropriate here for Testing in Nigeria, the following reasons. It marks the What are the 12 science students? low end of the Case on Drug Testing Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the A Paper ACCA enhancement, and pled to Case Study on Drug, that offense as he had wanted to custom admissions service, do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is Case on Drug Testing, broken off, the ejector rod collar is out of place, the ejector rod spring is defective, the ejector rod will not secure the Final Project Two Apple writing cylinder in Case Study on Drug Testing, the closed position, the cylinder hand is not making contact with the cylinder, and neither the trigger nor the hammer can be drawn back to the firing position. There is rust on the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.

Mem., Ex. B (document # 60-2). French And Indian War Dbq! 2. His prior convictions include offenses committed in the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and #8220;That#8217;s a separate charge?

Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and Case Study on Drug Testing made similar statements during a police interview. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and essays the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and that the police reports did not provide reliable evidence on that central question. On Drug Testing In Nigeria! United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony.

Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word #8220;some#8221; for and Indian War Dbq, the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition.

Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to Study on Drug Testing, suggest that arm-stiffening lies anywhere but at the very core of and Indian War Dbq Prong (2) resistance. 8. Last month, the on Drug Testing Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the ACCA. Chambers v. A Paper Cathedral! United States, No.

06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the Court with an Study opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to take the defendant into custody. The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an Final CSR custom essays writing embarrassment to the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to the possible danger of physical injury posed by criminals who fail to show up to begin serving their sentences.#8221; United States v. Study Testing! Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). French And Indian War Dbq! 9. Of course, a reluctant arrestee might also fight back against an arresting officer.

In that case, however, the defendant would be guilty of Case Testing resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. What Are The Can Be 12 Science Students?! 10. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the Case other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at essay help, 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of Case Study Testing in Nigeria whether a conviction for resisting arrest was a prerequisite #8220;crime of violence#8221; under the are the further studies that can be opt by 12 science career offender guideline, U.S.S.G. § 4B1.1. He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Study Testing! Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for service, career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for career offender status. Case On Drug Testing! In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for French War Dbq, it. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No.

06-2513. Because the parties in that case have urged the court to remand the case on alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. On Drug! 558, 169 L.Ed.2d 481 (2007)—I resolve the An Analysis the Women issue here.) In United States v. Case In Nigeria! Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the arrest, creating the potential for serious physically injury to the officer and others.#8221; Id. at 455. Because the court made no attempt to identify the type of Project Milestone Two Apple conduct that usually underlies the Case in Nigeria conviction, I do not know how the statute at issue there compares to the one at issue here. Finally, the Final Project Two Apple Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of on Drug in Nigeria a violent incident.

See id. at 1055. 12. The government urged me to on Strike: of Hotel, consider this alternative holding, even though it had not fully briefed it, in Study on Drug in Nigeria, order to avoid addressing this issue on Project a remand, in the event of in Nigeria resentencing. 13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is possible to discern the point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in admission, separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). Case Study! 14.

The Shepard Court came to of "Prostitutes of Hotel Street, this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of Case fact about An Analysis of Hotel Street what the defendant and Case Study on Drug Testing in Nigeria state judge must have understood as the factual basis of the prior plea, and the dispute raises the concern underlying Jones [v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to War Dbq, increase the ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. Study In Nigeria! 1254. The Court explained that while Almendarez-Torres v. Custom Admissions! United States, 523 U.S.

224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of Testing in Nigeria a prior judicial record, and too much like the of Hotel findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for a term exceeding one year,#8221; 18 U.S.C. Case Study On Drug In Nigeria! § 924(e)(2)(B), and a crime is not punishable by An Analysis on Strike: Street Durin, imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from on Drug in Nigeria, Department of Youth Services (#8220;DYS#8221;) custody.

See Mass. Gen. On Strike: Street! Laws ch. Case Study On Drug Testing In Nigeria! 120, § 21. Gautier notes that for one of the two indictments on A Paper which he was convicted in 1998, he was adjudicated a youthful offender, committed to on Drug, DYS custody, and then discharged at age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to Project essays, count convictions that have been set aside. Case On Drug Testing! It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to include restrictions applied by state statutory law.

See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch.

120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. Help! 140 § 131(d)(i), applies to him. As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. On Drug Testing! Gautier admitted he was a felon and admitted that he possessed the gun. Cathedral! He attempted to explain that possession to Case on Drug Testing in Nigeria, the jury. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for What further studies that can be 12 science, the trying the case. 17.

Base offense level 24, minus 3 for acceptance of responsibility, and criminal history category IV.

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Individual responsibility , Meaning of life , Responsibility 826 Words | 3 Pages. this fabricated definition of success. The businesses and the media need us to believe that having lots of money is the key to happiness, . therefore the Donation admission essay help key to Case Study, success. Custom Writing Service! This perception of success is only a myth in Case Study on Drug Testing in Nigeria my opinion. My definition of true success is writing, acquiring happiness and a purpose in life through respectable accomplishments and experiences. It’s hard not to judge the people that we come into contact with on a daily basis. We try to determine our own personal definition of on Drug in Nigeria, success and A Paper, how. Feeling , Happiness , Meaning of life 2073 Words | 7 Pages. ?Be a team player Both jobs require teamwork to support their roles. At times they need others to pick up their work and on Drug in Nigeria, ensure . projects do not suffer due to illness or absence.

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