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Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many
Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit
Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example: You have the right to refuse a breathalyzer test (although there is a license suspension as a result). You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc. You have
Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next
OUI penalties under Massachusetts law are graduated – the minimum penalties increase if there is a second or third offense. This next section will discuss minimum penalties for first offenses and second offenses. The minimum penalty for conviction of a first offense charge of OUI is 1 year of probation, attendance with a 18 week alcohol education program, 45 to
The criminal legal process can unexpectedly affect otherwise law abiding citizens for a number of reasons. Frequently these include motor vehicle offense, including accusations of drunk driving, accusations of assault and battery, violating a restraining order, or accusations of violations of drug laws. The vast majority of criminal cases brought in Massachusetts are brought in the District Court system. The
Criminal cases in the Massachusetts District Court system begin in one of two ways: an arrest , or a summons . A. Arrest. In many cases, the criminal process is started by an arrest of the accused by police. What a person does in the course of the arrest, in terms of giving a statement to or otherwise cooperating with
A. Arraignment. Whether the criminal process is begun by an arrest or a summons, the procedure in court begins with the arraignment. The arraignment occurs on the first day the accused appears in court, and in the case of an arrest, is usually the next business day. The accused will be informed of what charges are alleged. Most courts will
There are a variety of reasons to seek to plea out a case. In some cases, the case is so strong, including a confession by the accused, leaving little alternative but to seek a plea. In other cases, however, there may be advantages to resolving a case short of trial because the deal is a good one that results in
Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many
Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit
Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example: You have the right to refuse a breathalyzer test (although there is a license suspension as a result). You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc. You have
Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next
OUI penalties under Massachusetts law are graduated – the minimum penalties increase if there is a second or third offense. This next section will discuss minimum penalties for first offenses and second offenses. The minimum penalty for conviction of a first offense charge of OUI is 1 year of probation, attendance with a 18 week alcohol education program, 45 to
The criminal legal process can unexpectedly affect otherwise law abiding citizens for a number of reasons. Frequently these include motor vehicle offense, including accusations of drunk driving, accusations of assault and battery, violating a restraining order, or accusations of violations of drug laws. The vast majority of criminal cases brought in Massachusetts are brought in the District Court system. The
Criminal cases in the Massachusetts District Court system begin in one of two ways: an arrest , or a summons . A. Arrest. In many cases, the criminal process is started by an arrest of the accused by police. What a person does in the course of the arrest, in terms of giving a statement to or otherwise cooperating with
A. Arraignment. Whether the criminal process is begun by an arrest or a summons, the procedure in court begins with the arraignment. The arraignment occurs on the first day the accused appears in court, and in the case of an arrest, is usually the next business day. The accused will be informed of what charges are alleged. Most courts will
There are a variety of reasons to seek to plea out a case. In some cases, the case is so strong, including a confession by the accused, leaving little alternative but to seek a plea. In other cases, however, there may be advantages to resolving a case short of trial because the deal is a good one that results in
(978) 443-2700
(978) 460-5578
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(978) 443-2700
(978) 460-5578