Lynn Drunk Driving Lawyers
- Sweeney, Jeffrey:
If you were pulled over for drinking and driving, you may have several
questions about what happens next. Whether you had a couple drinks at
happy hour or left a college party after a few beers, if you got behind
the wheel, you could be facing serious consequences. In Massachusetts,
the penalties for operating under the influence (OUI) or driving while
intoxicated (DWI) can be serious. You need to work with an experienced
lawyer to protect your rights.
Civil and Criminal Consequences of Drunk
Driving
Pleading guilty or being convicted of operating under the influence can
have far-reaching implications. Since implemented in 2008, Melanie's Law
has increased the penalties for drivers who are charged with an OUI/DUI.
Among possible consequences, a few are:
* License suspensio
* Criminal charges: OUI charges often carry
heavy fines and jail time.
- Mancini & Associates:
- Attack the validity of the initial stop by the officer. Was there a
valid reason why the officer pulled the driver over? If not, the whole
subsequent arrest may be thrown out.
- Point out that the driver was NOT operating on a public way or other
place in which the public had access with motor vehicles. Remember,
operating on a public way or a place where the public has motor vehicle
access is essential in the Commonwealth’s proof of its case.
- Illustrate that the driver wasn’t speeding or disobeying traffic
signals and was otherwise operating reasonably and safely. Often times, a
person is driving completely reasonably is pulled over for equipment
failure, such as a blown headlight. If the driver then has consumed
alcoholic beverages, he or she may still not be "impaired" under
the law.
- Demonstrate that the driver did not fail the "field sobriety
tests". This can be done in a variety of ways depending upon the
test. After all, whether the driver passes or fails is a matter of
opinion of the police officer(s) involved.
- Attack the validity of the "breathalyzer/blood alcohol test".
Simply because one tests at .08 or higher does not mean that the test
result was accurate. There are many ways do this and too many to list
here. Some defenses involve the use of "experts" to testify as
to the lack of validity of the breath/blood tests. However, each
case is different.
- In some cases, It may be shown that the driver was not technically
"operating" the vehicle at the time. For instance, sitting in
the passenger seat asleep with no keys in the ignition may not be
"operation" depending on other circumstances.
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