Law Office of Theodore Koban, Attleboro Massachusetts

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Will Your Drager Breath Test Be Admissible At Trial?

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Are Breathalyzer Testing Machines Accurate? The reliability of the Drager Alcotest 9510 breath test machines used in Massachusetts drunk driving cases is a continuing concern for members of the defense bar. Massachusetts has ...

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The Massachusetts Marijuana Law – What Is Legal?

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The new Massachusetts marijuana law, M.G.L. Ch 94C §32L – 32N,  has decriminalized medical marijuana use and recreational use.  But, whether you call it marijuana, pot or weed under the federal Controlled Substances ...

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You Do Not Have To Take Field Sobriety Tests?

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if In Massachusetts a person suspected of drunk driving will regularly be asked to perform a series of field sobriety tests. These are administered by a police officer at the roadside. There is no scoring system for success. ...

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Faulty Breathalyzer Machines Being Challenged

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If you were recently arrested in Massachusetts for drunk driving and blew into a breathalyzer you should hold off on resolving your case. In October of 2012 the Massachusetts Office of Alcohol Testing authorized the use of a ...

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Should You Accept a Plea Bargain In Your Criminal Case?

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Once you are charged with a criminal offense there are only two ways the matter gets resolved by trial or by “plea bargain.” People ask lawyers who practice criminal law “How can you represent a guilty ...

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Deciding To Take Or Refuse a Breathalyzer Test Hasn’t Gotten Any Easier

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Deciding whether to take a breathalyzer test, in Massachusetts, hasn’t gotten any easier. On August 15, 2016 the Massachusetts Supreme Judicial Court decided the case of Commonwealth vs. Neary-French, and reaffirmed ...

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Privacy? Big Brothers Watching

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Is Big Brother Invading Your Smart Phone Privacy? It Seems He Is And You Have Unknowingly Agreed To Let Him Do So. Apparently, three-quarters of adult smart phone owners use location-based services on their phone. Apps can ...

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Is There a Privacy Right in Cell Phone Data?

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How far does a privacy right extend? Is there a privacy right in cell phone data? Given the government’s request that Apple unencrypt cell phone data from the phone of a known terrorist the term “right to ...

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Can I Refuse Field Sobriety Tests?

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In Massachusetts a person suspected of drunk driving will regularly be asked to perform a series of field sobriety tests. These are administered by a police officer at the roadside. THE PERSON STOPPED WILL NOT BE TOLD THAT ...

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Faulty Breathalyzer Tests in Massachusetts?

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Did drivers get faulty breathalyzer tests? No one want drivers who are impaired on the road. They are a danger to themselves and others. But, on the other had, we don’t want people wrongfully convicted.  The recently ...

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