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What You Need to Know When Deciding Whether to Appeal a Traffic Offense

You’re driving along minding your business when the flashing blue lights appear in your rear-view mirror. You pull over to let the police car go by and your heart sinks when he pulls up behind you. You go through the customary steps, finding out why you’ve been pulled over, offering license and registration, and receiving the citation and a caution not to do it again. Back on the road you’re annoyed at the inconvenience and financial hit but resign yourself to paying the fine and moving on. But should you just pay it and move on? Is appealing that traffic ticket worth the headache? Your answer depends on a couple of things.

When deciding whether to appeal the traffic citation you need to determine whether it is a civil or criminal infraction. If it is a civil infraction, you need to determine if the fine is the only punishment – there are times when a civil infraction can have consequences beyond the fine, sometimes lasting consequences. Be sure you know the full extent of the punishment if your citation is civil. If there are consequences greater than a fine, we often counsel our clients to appeal the citation. If you receive a criminal citation and are NOT arrested, we recommend that you should always appeal. Read more here about the factors you need to consider to decide whether to appeal.

If you are in doubt about whether to appeal a traffic infraction, you should contact us. We can help you determine any long term-consequences that might exist and help you make an informed decision about whether to pay the fine or appeal.  If you need legal help, call or text us. Contant Law 617-227-8383.

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Don’t Let an OUI Ruin Your Summer Fun

Memorial Day is almost here. It is the unofficial start of summer and outdoor living in New England. To celebrate perhaps you are attending or hosting the first cookout of the summer. You’re looking forward to steaks, burgers & dogs, and kebabs on the grill, good friends to share them with and cold beers and frosty margaritas to toast the summer season.

Don’t let yourself or your friends get carried away with the fun. Drinking and driving has serious consequences. Holiday weekends are notorious for police roadblocks that check for drivers who are over the legal limit. Read some common questions about OUI/DUI here.

Make sure you have a designated driver or offer to be one. If you are hosting, make sure your friends head home safely. Find them a sober driver or call a cab or ride sharing service. Don’t let an OUI ruin your summer fun before it begins. Make sure everyone makes safe choices.

If you or a family member or friend do get stopped for an OUI over Memorial Day weekend – or anytime – call or text us. Contant Law – (617) 227-8383.

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Graduation Parties: Celebrate in Moderation

You are celebrating a Graduation. It’s a big deal; it’s taken years to get here. All that hard work deserves a celebration. When it comes to graduation parties though, you need to remember the old adage, “All things in moderation.” Those big backyard parties that last all day and into the night are loads of fun. Friends from a lifetime come to share in the joy, there’s lots of wonderful food, and the booze flows freely. That is where the moderation comes in! No one wants the celebration of years of hard work to end in a OUI or worse. (Read about the driver’s license consequences of an OUI.)

Know your limits. Don’t be afraid to tell friends – particularly the younger ones – that they are reaching their limits. Don’t be shy about ensuring friends have sober designated drivers to take the keys. An intoxicated friend may grumble in the moment, but they will thank you when they are sober. Making sure that everyone gets home from the party safely, ensures that all the memories of the day will be joyful ones.

If you need legal help, call or text us. Contant Law – (617) 227-8383.

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A Job Triggers Title IX

A young man graduates from college. He is eager to pursue a career in criminal justice. He is elated to get his first job as a Public Safety Officer at a Boston-area college. After six months on the job he bumps into a woman he had met on Tinder two years earlier while he was still an undergraduate at another area college.

The next day, he was called to his supervisor’s office and informed that he had been accused of a Title IX violation by the young woman. Blindsided by this accusation he realized his job and his future were on the line. Read more about how we were able to help this young man.

A Case with Ripple Effects: The MA Breathalyzer Debate

We recently told you about a case heard in Malden District Court in which we successfully defended a client accused of OUI homicide. Our client was cleared of all charges. The case hinged on the use of breathalyzer results. In the Commonwealth of Massachusetts breathalyzer results are currently not admissible in court except in very specific circumstances including OUI homicide. However, based on the court’s decision to exclude most breathalyzer tests, it is clear the court doubts the scientific methodology currently in use. Until the court is satisfied that the methods and practices surrounding breathalyzer testing are sound, all breathalyzer tests are suspect.

As reported in Massachusetts Lawyers Weekly this recent case has garnered some attention in the Massachusetts legal community. Subscribers can read more about the nuances of the case and its repercussions in other cases read the interview in Massachusetts Lawyers Weekly.

What Is Title IX?

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972 (these amended the Higher Education Act of 1965). It was signed into law by President Nixon in June of 1972. The main purpose of Title IX is to prohibit discrimination on the basis of sex in any education program or activity that is federally funded.

Title IX became known for its positive impact on opportunities for female high school and college athletes, however the law makes no specific mention of sports. The US Supreme Court issued decisions through the ensuing decades making clear that sexual harassment and sexual assault are forms of sex discrimination that fall under Title IX. President Obama also clarified Title IX protections for LGBT students during his presidency.

While the law offers needed protections and opportunities for both sexes, much of the interpretation of this federal law is left to the individual institutions. Schools are given guidelines for how to investigate and adjudicate accusations of sexual discrimination, harassment and assault. But these are not criminal investigations and every school has leeway to conduct investigations and determine punishment. Read more about Title IX here.

If you find yourself facing accusations under Title IX, you need an expert on the subject to guide you through the process and help you understand your rights. Conant Law is here to help you navigate these difficult waters. If you need legal help, call or text us. Contant Law 617-227-8383.

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