Brockton Drunk Driving Lawyers
- Novak, Lawrence:
The state is interested in curtailing drunk driving for the sake of public health and safety on the roads. Nonetheless, individuals who are "caught driving drunk" ought to have no fewer citizens' rights than any other accused person.
When law enforcement and the prosecution say that you committed a crime by driving under the influence of alcohol, you owe it to yourself to get the best drunk driving defense that money can buy to ensure protection of your legal rights. A conviction on your record can have serious short-term and long-term negative consequences, such as the following:
¥ Driver's license suspension or revocation
¥ Loss of your ability to drive to work or to go at will to location where public transportation is not available
¥ Steep fines and penalties
¥ Increased auto insurance rates
¥ Canceled auto insurance
¥ A criminal record
¥ Employment problems
¥ Travel restrictions (for example, future difficulty entering Canada or other countries that may scrutinize your criminal record)
An astute drunk driving defense attorney will ask several key questions to get your criminal defense strategy and restoration of your driving privileges underway:
¥ Did the police officer who stopped you have probable cause to do so?
¥ Were you informed of your right to talk to a lawyer before taking a breathalyzer test?
¥ Was there a medical condition that could explain your apparent inebriation or your allegedly positive breath or blood test?
¥ Were the field sobriety tests that the police officer used to justify your arrest reasonable? (Could a sober person reliably perform acceptably under the same circumstances that you faced?)
¥ Are you, in fact, battling the disease of alcoholism? And if so, does rehabilitation and addiction treatment make more sense for you than criminal penalties?
- Thomas Dougherty:
An OUI conviction plea of 'guilty" or admission to sufficient facts will be a permanent part of your driving record. It does not "come off" your record after 5 years -- it never comes off your record. Moreover, a conviction, guilty plea or admission to sufficient facts plea is reported to the Massachusetts Registry of Motor Vehicles, which in turn, reports it to the National Driver's License Registry. These computer records are accessible to driver's licensing agencies nationwide.
Any non-resident driver's home state driver's license agency (RMV, DMV, DPS, etc.) will in all likelihood receive a notice from the Massachusetts Registry of Motor Vehicles if any license suspension or case disposition (conviction or admission to sufficient facts) occurs in Massachusetts and the non-resident license is involved. In almost all cases an admission to sufficient facts plea, guilty plea or guilty verdict in a criminal case for OUI in the state of Massachusetts will cause a suspension to occur in the non-resident's home state. A "not guilty" or other non-OUI disposition of the case will prevent such consequences.
BLOOD ALCOHOL CONTENT
Massachusetts recently became a "per se" state. This means that if your breath or blood are tested and the result is .08 or above, you will be found guilty if and only if the judge or jury believes the test was conducted properly and the reading was accurate. There are many reasons why the test may not be used against you. This may be as a result of poor record keeping by the police, machine malfunction or an improperly administered test. The are also medical and environmental reasons why the test may be. It is important to get legal advice from a lawyer who specializes in drunk driving defense before admitting to anything.
SUBSEQUENT OFFENDER STATUS
"Repeat offender" status for OUI cases is determined in Massachusetts based upon a lifetime "look back" period. This status is used for purposes of increased mandatory minimum punishment. The last sheet of this summary is a GRID which sets out in a handy chart the MANDATORY MINIMUM punishment for OUI cases. A bad record can come back to haunt a person facing a current OUI charge. Remember that a judge can:
increase your punishment (up to the maximum penalties set by law) over that which he/she would give another person with no prior record;
allowing the prosecutor (in some instances, after notice and a pre-trial hearing) to introduce evidence of prior instances where you were convicted of crimes, although it is extremely unlikely that a prior OUI charge will be used. The prosecutor may attempt to bring in evidence from any case, even those older than 5 years. This type of evidence can be used as "impeachment" evidence if and only if the accused takes the stand in his/her own defense. Use of prior convictions especially prior OUI convictions is extremely rare:
SPECIAL NOTE FOR ANY CONVICTION OF OUI, PLEA OF GUILTY OR ADMISSION TO SUFFICIENT FACTS:
The sentencing court has broad powers at sentencing insofar as whether to probation conditions. Furthermore, if probation is granted (in lieu of jail time), the conditions of probation can be extremely onerous and restrictive. Moreover, all jurisdictions charge monthly "supervision" fees so that the person pays for his/her probationary sentence. The length of probation is optional with the judge.
- Russell Matson: You can represent yourself -- although it is not a good idea. "Drunk driving" is a complicated area of the law, and you want someone who has experience in trials as well as constitutional and sentancing issues. ... A qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses and may be able to win your case at trial.
- Schultz, Schwartz, & Weinberger: You should consult an attorney for individual advice regarding your own situation.
- Darche Law: Drunk driving is usually referred to as OUI in Massachusetts. Currently, it is one of the most aggressively enforced crimes in Massachusetts. Like most states, Massachusetts law considers a person to be under the influence of alcohol is their blood alcohol content (BAC) is 0.08. As of July 1, 2004, a breathalyzer test of 0.08 or higher can be considered proof of intoxication. Since November 29, 2002, any OUI conviction will carry with you for the rest of your life. It is important that you understand all of the penalties and implications of your OUI case.
- Edward Sharkansky: Wrongful convictions most frequently occur in the prosecution of DUI/DWI cases. This tragedy can be avoided by simply hiring an attorney who specializes in drunk driving defense. Do not make the same mistake that so many others now regret…
- Andrew Norton:
If you are stopped for drunk driving in Massachusetts, you will be asked to take a field sobriety test, and possibly a breath alcohol test and / or a blood alcohol test. You have the absolute right to refuse these tests . Examples of the field sobriety tests include saying the ABC's, walking heal to toe or touching your nose with your forefinger. If you refuse the breath test your license to operate a vehicle will be suspended. There is no penalty however for refusing sobriety or field tests. In most instances evidence of field sobriety tests and breath or blood tests can be used against you...
Massachusetts law now allows for a life time look back for prior drunk driving offenses in determining the level of the current offense. Prior law only allowed a ten-year look back to prior offenses. In other words, now if you had a drunk driving conviction from 20 years ago and get new one, the newest offense will be counted as a second offense whereas before the Court would not consider it. With each increase in level of offenses, whether it's charged as a second, third or fourth offense the penalty, punishment and jail time a person faces increases dramatically.... If you are charged as a repeat offender it is absolutely critical that you have the prior offenses examined to determine whether they can be removed from consideration in the new case.
Conviction for OUI can result in serious, life-changing consequences that affect your family and your ability to earn a living.
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