April 03, 2013

• Steven Topazio wrote this May 4, 2014 at 5:59 pm

The client, a 23 year old individual, was arrested after his motor vehicle struck another motor vehicle in traffic, was represented by Boston Criminal Attorney Steven J. Topazio. According to the police report, after the police arrived on the scene of the accident, the police observed the client to be under the influence of narcotics or alcohol and when the officer asked the client if he had been drinking the client responded by stating that he had not been drinking but only smoked a joint of marijuana. The client was transported via ambulance to the hospital. The ambulance report indicated the client smoked marijuana. The Massachusetts General Hospital reports provided conflicting reports regarding the client’s lack of sobriety. Attorney Topazio filed motions in limine to redact evidence of causation from the medical reports arguing that statements as to the identity of the person responsible or legal significance of medical symptoms are not admissible under the medical records exception to the hearsay rule. Today, at the day of trial, Attorney Topazio pointed out that in order to show an OUI-drugs violation of G.L. c. 90, § 24(1)(a)(1), the Commonwealth must demonstrate that the defendant operated a motor vehicle on a public way while under the influence of a scheduled drug as defined in G.L. c. 94C, § 1.” Commonwealth v. Monteiro, 71 Mass. App. Ct. 1116 (2008). Attorney Topazio convinced the Commonwealth to dismiss all charges against his client.