February 21, 2017

Criminal Defense

KJC Law Firm at the Forefront of Legal Developments in Breathalyzer Refusal Jury Instructions

Can a Massachusetts prosecutor use a defendant’s refusal to take a breathalyzer test as evidence of drunk driving? The short answer is no, but understanding why this is the answer is a bit more complicated. Everyone is familiar with the Fifth Amendment to the United States Constitution’s provision that no person “shall be compelled in […]