References in periodicals archive ?
Virgilio, the Massachusetts Appeals Court considered whether the common area entryways and parking zones of multiple unit residential buildings constitute "any place to which members of the public have access as invitees or licensees" within the meaning of the Massachusetts OUI Statute.
Virgilio, the Massachusetts Appeals Court incorrectly determined that the area in which Virgilio was operating her motor vehicle was not a way or place as provided by the Massachusetts OUI Statute.
37) The decision in Virgilio once again employs an overly narrow interpretation of the Massachusetts OUI Statute and undercuts the legislature' s goal of deterring deter drunk driving in the Commonwealth, overlooking the strong public safety purpose inherent in the statute.
Not only is the Massachusetts Appeals Court's decision at odds with the language, purpose, and intent of the Massachusetts OUI Statute, the precedent the decision establishes contradicts the strict standards applied to the remaining elements of the Massachusetts OUI Statute.
Cavaiola & Charles Wuth, Assessment and Treatment of the DWI Offender 30-31 (2002) (stating public pressured legislature for harsher OUI laws because of increasing drunk driving deaths); Kelly Mahon Tullier, Note, Governmental Liability for Negligent Failure to Detain Drunk Drivers, 77 Cornell L.
Not only has the scope of the location in which an individual can be charged with an OUI been widened, stricter standards have also been applied to determine whether someone is "operating" a motor vehicle and whether someone is in fact "under the influence.
1985) ("[The Massachusetts OUI Statute must be read] in light of the legislative purpose to protect the public from drivers whose judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies are diminished because of the consumption of alcohol.
The language of the Massachusetts OUI Statute does not indicate "that a specific invitee or licensee, as distinguished from a random invitee or licensee, no longer qualifies as a 'member[] of the public.
2d at 1115-16 (stating narrow interpretation of Massachusetts OUI statute); see also ch.
90, [section] 24(1)(a)(1) (setting forth "operate" and "under the influence" as two other elements in OUI statute); see also Mass.
Laverdure said an OUI arrest could easily tie up officers for half a shift.