Recently the Supreme Court announced that a person who is charged with operating< under the influence of drugs includes narcotics, stimulants, or depressants, but only those specifically defined pursuant to Chapter 94C of the Massachusetts Controlled Substance Act.
Our Supreme Judicial Court reversed the conviction of a defendant who had stimulants and depressants in her system which were discovered from a hospital blood test. The Commonwealth could not prove that the drugs in the defendant's system were those specifically required for a conviction.
The interesting part about this case is that there have been many individuals over the years who have pled guilty or been found guilty who may have been innocent. In the event that your criminal record is affected, you may want to go back to court to have your guilty plea withdrawn or your conviction overturned, if it has affected your criminal record. Call us if we can be of any assistance.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
