Norwell Drunk Driving Lawyers

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Norwell Drunk Driving Lawyers

Capodilupo, David: Criminal Defense
Geraghty, James: Even if this is your first-time DUI/DWI, in Massachusetts a conviction could lead to two and a half years in jail. Realistically though, if you are convicted of your OUI first offense, you are more likely to get a year of probation. You'll also have to deal with driver's license suspension, court fees, fines and alcohol counseling classes. You'll have a criminal record.
Ianiri, James: What NOT to do if you are stopped Police officers can simply suspect that you have consumed alcohol before driving. The smell of alcohol on your breath, red eyes or the delays in finding your registration in your glove compartment could result in you being charged. At your trial, the police will present everything you do or say as an indication of your impaired ability to operate a motor vehicle. Therefore, it is critical that you provide as little evidence against yourself as possible. Remember these rules of what not to do: Ą Do not answer any questions other than name and address. Ą Do not agree to perform roadside tests. Ą Do not agree to have your eyes examined. Ą Do not agree to exhale into a handheld breath tester. Ą Do not agree to take a breath or blood test. Ą Be polite and provide any requested documents.
James Geraghty:
Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test?
Your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in custody. If at any time during the officer's stop you believe you need an attorney, it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney, as this response could be very important if he misrepresents the law to you.
Should I refuse to submit to the field sobriety test?
You are not legally required to take a field sobriety test. This is unlike the chemical tests to determine your blood alcohol concentration [BAC]. When asked to take a chemical test by a police officer that has already arrested you, if you refuse there are serious consequences; i.e., loss of your driver's license. You can, however, respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer. If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer. You can certainly refuse the field sobriety test in a polite and courteous manner.
If the police officer asks me if I have been drinking, how should I respond?
If the officer asks you "Have you been drinking?" your answer will be a significant factor in the officer's decision to arrest you and in the prosecution's case against you if you are charged and tried for drunk driving. Such questions are "accusatory" in nature and you should respectfully decline to respond in a polite and courteous manner. You can respond, "I would like to speak with an attorney before I answer any questions." It must be remembered that the officer does have a right to certain information that the courts appear to look upon as routine questions. For example: What is your name? What is your address? What is your date of birth? Etc. When the officer inquires into drinking, however, ask for an attorney as set forth above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question. At this point, your best course of action would be to "respectfully" decline to answer. A good drunk driving attorney will give the jury some reason for your respectfully declining to answer the question.
Should I consent to a chemical test to determine my blood alcohol concentration?
A driver is required to submit to a chemical test of his blood, breath or urine upon request of the police officer. The consequences of refusing to submit vary from state to state, but usually your driver's license will be suspended. This driver's license suspension may even be upheld if you are subsequently found not guilty of the drunk driving charge.
In the trial of the drunk driving charge in a court of law, your refusal will in all probability be introduced by the prosecution as evidence of your "consciousness of guilt." Without a doubt, however, a competent criminal defense attorney will offer other reasons for your refusal.
The decision to refuse a chemical test is one not to be made lightly. If you believe that submitting to a chemical test will produce evidence of a high blood alcohol concentration, you must weigh that against the consequences for refusing to submit.
Which chemical test should I choose?
The police officer will offer you a choice of breath, blood or urine tests. If one of the tests is not available, you will have to select from those that are; i.e., if urinalysis is not available, you are going to have to choose breath or blood. You do not have a right to choose urinalysis and then try to argue it's their problem that they didn't have it available. You will lose this argument. The officer will in all likelihood treat you as a "refusal" and all of the adverse consequences associated with a refusal will occur.
If you choose a breath test, at the completion of the test ask the officer for a second test of either blood or urine so that your defense attorney can run an independent test to compare the results against the breath test. It is important to remember that if you are concerned that there may be any substance in your body, other than alcohol, then by all means select only breath and do not take a second test of blood or urine.
The most accurate test is a blood test. The next most accurate test is breath and the least accurate is urinalysis. If you are sure of your sobriety, choose blood. Or in the alternative, take a breath test and ask for a blood test as a second test. If you are concerned about your state of sobriety, choose a urine test.
Should I get a lawyer? Why can't I represent myself?
You certainly have a right to represent yourself, but remember the very old legal maxim that goes, "He who represents himself has a fool for a client." A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial.
If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your will, the attorney who handled your divorce, or the attorney who handled your personal injury or workers' compensation case will probably not be the attorney you need. The best way to find a qualified attorney is to ask questions of that attorney and establish his or her qualifications. The attorney you select must be someone who you have confidence in, who can communicate with you, can communicate with the court and understands the complex issues presented in a drunk driving case.
James Milligan, Sr.: DRUNK DRIVING (OUI, DUI, DWI) LICENSE SUSPENSION You need to know this information before pleading guilty or admitting to your Operating Under the Influence of Alcohol case.Ę As a result of MelanieŐs Bill enacted on October 28, 2005, so called Ňdrunk drivingÓ (OUI, DUI, DWI) suspensions have been dramatically enhanced.Ę It is also important to realize that the Registry of Motor Vehicles is not bound by the Courts and any Court orders.Ę For example, if you were charged as a second offense Operating under the Influence and the Court only found you Guilty of only a first offense with the first offense program, the Registry of Motor Vehicles will suspend your license as if you are a second offense and you will need to meet the requirements of a second offense for purposes of a hardship license, i.e completion of a 14 day inpatient treatment facility and 26 weeks of aftercare. OUI cases are now counted in a lifetime, regardless of when it occurred.Ę This includes OUT OF STATE OFFENSES. FIRST OFFENSE Ą Incarceration for not more than 2 1/2 years in a House of Correction. Ą License Revocation for One (1) year, with work hardship eligibility after three (3) months and general hardship after six (6) months. ALTERNATIVE DISPOSITION Đ MASS.GEN.L. CH. 90, ¤ 24D This is available to first offenses or for someone who has had a prior operating under the influence case that is more than ten (10) years old.Ę The ten (10) year time period is calculated from the date of conviction for your first offense to the date of offense to the most recent offense.Ę NOTE:Ę If you fall into the latter category the Registry will require you to install an interlock device for two (2) years after the conviction suspension expires Đ Be CAREFUL many attorneys do not know this. Ą Probation for up to two (2) years and a mandatory Department of Public Health alcohol program (so called 24D program) either in Massachusetts or a comparable out of state program for those licensed in another state or students in another state but licensed in Massachusetts. Ą License can be suspended from 45-90 days, or for 210 days for a person under the age of 21. Ą Hardship license eligibility attaches after 3 business days from the date of disposition or guilty finding.Ę The hours are for any 12 hour period during the day seven days a week.Ę You are not guaranteed to be eligible for a hardship, it has become very tricky to get a hardship license. IMPORTANT NOTE:Ę The Registry of Motor Vehicles will not run any license losses concurrent.Ę For example, if you refused the breath test, your license will be suspended for 180 days plus the 45-90 day suspension imposed upon your admission or conviction. SECOND OFFENSE Ą Incarceration for not less than 60 days and not more than 2 1/2 years in the House of Correction Ą License revocation for 2 years Ą Hardship eligibility in 1 year for a work/education basis and general hardship after 18 months. ALTERNATIVE DISPOSITION Ą Probation for 2 years with a 2 week inpatient program and a 26 week aftercare program. Ą License revocation for 2 years Ą Hardship eligibility in 1 year for a work/education basis and general hardship after 18 months. Ą The interlock device is required to be installed on your vehicle.Ę See interlock device link for requirements. THIRD OFFENSE Ą Incarceration for not less than 180 days (150 days minimum mandatory) and not more than 2 1/2 years in the House of Correction and not more than 5 years in state prison. Ą License revocation for 8 years Ą Hardship eligibility in 2 year for a work/education basis and general hardship after 4 years. Ą The interlock device is required to be installed on your vehicle.Ę See interlock device link for requirements. FOURTH OFFENSE Ą Incarceration for not less than 2 years (1 year minimum mandatory) and not more than 2 1/2 years in the House of Correction, or not less than 2 1/2 years in state prison and not more than 5 years in state prison. Ą License revocation for 10 years Ą Hardship eligibility in 5 year for a work/education basis and general hardship after 8 years. Ą The interlock device is required to be installed on your vehicle.Ę See interlock device link for requirements. FIFTH OFFENSE Ą Incarceration for not less than 2 1/2 years (2 year minimum mandatory) and not more than 2 1/2 years in the House of Correction, or not less than 2 1/2 years in state prison and not more than 5 years in state prison. Ą License revocation for Life. Ą No hardship eligibility.
James J. Nally: Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
Stephen Jones: 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 yearsÉit 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.
Daniel Najarian:
Q. Why should I fight my OUI case?
A. Two reasons. First, Massachusetts recently adopted a lifetime look back period for OUI cases. This means that any Massachusetts OUI or other states OUI/DUI/DWI case can cause increased penalties for your lifetime. Second, we are successful in approximately 80% of our OUI cases.
Q. How do I pick a lawyer?
A. Because OUI cases in Massachusetts and other states involve specialized knowledge, the lawyer you select should handle these cases regularly. This means more than a few cases a year. Our lawyers handle approximately 50 -100 OUI trials per lawyer/per year. These include OUI cases with accidents, blood tests, breath tests and breath refusals. We are successful in approximately 80% of our OUI cases. You should ask any lawyer how many OUI trials they have each year and what percentage of the OUI cases are trials.
Q. What is a Continuance Without a Finding?
A. A Continuance Without a Finding or CWOF means you have plead to a first offense OUI. A CWOF is not a conviction but it carries the same penalty as a guilty finding. It is also considered a first offense if you get another offense it will cause enhanced penalties. It never comes off you record.
Q. If I fight my case, how long will it take?
A. The case will usually take 4 months to One year before it will be finished. Remember, time is on your side with Drunk Driving (OUI, DUI, DWI) cases because memories fade and officers frequently forget important details about your arrest.
Q. If I fight my case, do I have to take the stand and testify?
A. No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government's evidence.
Q. Can I get a work license during the suspension for failing or refusing the breath test?
A. No. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts. Once your refusal or failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial and lose while you are suspended, you may be eligible for a hardship license for a first offense. If you are acquitted after trial there is a presumption that your license or right to operate be reinstated.
Q. What types of driving behavior are police officers looking for when searching for drunk drivers on the highways?
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Safety Administration (NHTSA):
(1) Turning with a wide radius
(2) Straddling center of lane marker
(3) Appearing to be drunk
(4) Almost striking object or vehicle
(5) Weaving
(6) Driving on other than designated highway
(7) Swerving
(8) Speed more than 10 mph below limit
(9) Stopping without cause in traffic lane
(10) Following too closely
(11) Drifting
(12) Tires on center or lane marker
(13) Braking erratically
(14) Driving into opposing or crossing traffic
(15) Signaling inconsistent with driving actions
As you can see speeding is not an indication of intoxication. Speeding requires quicker reflexes and judgment which contradicts the government allegation that ones ability to operate a motor vehicle has been diminished by alcohol.
Q. Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test?
Under Massachusetts DUI law, you have no right to an attorney after being asked to take a field sobriety test. You do have a right to refuse to perform the tests.
Q. If an officer asks me to perform field sobriety tests what should I do?
You should politely refuse to perform any tests. Your refusal is inadmissible at a trial. The field sobriety tests are difficult under the best conditions and all you will be doing by performing them is producing evidence against yourself. That evidence WILL be used against in court.
Q. What should I do if I am asked to take a breath test?
This is the most difficult decision that you will have to make once you are arrested. If you refuse to take the breath test then your license will be suspended for a period of not less than 180 days and up to a lifetime depending on the number of prior OUI convictions you have. (ie. 2nd offense = 3 years and 3rd offense = 5 years). The suspension for refusal is even more severe if you are under the age of 21. If you take the breath test and blow a .08 or higher your license will be suspended for a period of 30 days. If you take the test and blow a .07 or lower your license will not be suspended at all. Any suspension begins IMMEDIATELY upon your refusal or failure.
Your case is more difficult to win if you take the breath test. Under Massachusetts law driving a car on a public way with a blood alcohol level of .08 or higher is a crime. Without a breath test the government is left to rely on the subjective opinion of the officer which can be attacked with a skillful cross-examination. As you can imagine, it is difficult to cross examine a machine.
There are ways to beat the breath test and that is why it is imperative that you contact a lawyer who is experienced and knowledgeable when it comes to cases involving a breath test. We have had great success fighting and winning cases involving breath test readings.
Q. Is a DUI / OUI charge considered a felony or a misdemeanor in Massachusetts?
A first (1st) or second (2nd) offense OUI /DUI is considered a misdemeanor. A third (3rd) or subsequent offence is considered a felony, and includes mandatory jail time if found guilty.
Q. I received a summons in the mail to appear in court and answer to the charges of OUI or other motor vehicle charges. What should I do?
You have been summonsed for a clerk's hearing. At a clerk's hearing a member of the clerk's office, either the clerk-magistrate or an assistant clerk-magistrate will listen to the evidence presented by the police and decide whether there is probable cause to issue a criminal complaint against. This is a very important part of the process because it might be the only chance you get to prevent a criminal complaint from issuing against you. You should have a lawyer with you at this procedure to protect your rights and speak on your behalf. Remember, anything you say during the clerk's hearing CAN and WILL be used against you.
Q. Will this show up on my criminal record and will it ever go away?
Once a criminal complaint has issued and you are arraigned the offense will be on your record for the rest of your life. However, if you are acquitted of the charges your record will reflect that outcome and you can answer that you have never been convicted of a crime.
What are the penalties for a conviction of operating under the influence?
The penalties for OUI increase with each subsequent conviction. Below is a chart listing the penalties and the license loss.
1. First conviction - Up to: 2 ½ years jail; $5K fine; 1 year drivers license suspension.
2. 1. Alternative "24D" disposition - 1 year probation, 16 week alcohol education program (at your expense of approximately $600), 45-90 license loss, $600 in fines, $65/mth probation fee
3. Second conviction - Up to: 2 ½ years jail; $10K fine; 2 year suspended license
4. 1. Alternative "24D" disposition - 2 years probation, 14 day in-patient program and 26 week after care program, 2 year license loss, $600-$1000 in fines, $65/mth probation fee
5. Third conviction - Up to: 2 ½ years in the house of correction or 5 years in state prison; $5K fine; 8 years license loss
6. 1. Minimum mandatory 180 days in jail, you must serve at least 150
7. Fourth conviction - Up to: 2 ½ years in the house of correction or 5 years in state prison; $25K fine; 10 years license loss
8. 1. Minimum mandatory 1 year in jail
9. Fifth or subsequent conviction - up to: 2 ½ years in the house of correction or 5 years in state prison; $50K fine
10. 1. Minimum mandatory - 24 months in jail
Why You Can Win Your Case
Drunk Driving (OUI, DUI, DWI) Defense is a specialized area of the law. You need to speak to a lawyer who concentrates in fighting your OUI case. You should ask any lawyer you speak to how many Drunk Driving trials he or she has had in the past year. Mr. Milligan handles approximately 50-60 trials a year. Approximately 70-80% of his cases are resolved by way of Acquittal/Not Guilty or Dismissal.
1. In Massachusetts, more than half the people who fight their Drunk Driving (OUI, DUI, DWI) cases win and your chances increase dramatically if you have an experienced Massachusetts drunk driving lawyer!
2. If you have a breath test do not automatically think you should plead. It is difficult for the government to introduce the test even with the appropriate documentation.
3. The so called "Field Sobriety Tests" do not test your sobriety at all, but rather are abnormal, unusual balance and coordination tests given under a stressful, intimidating, and nerve-racking environment in which you were asked to perform them.
  NOTE: There is no correlation between a suspect's performance on field sobriety tests and their ability to operate a motor vehicle.
4. The Field Sobriety Tests were probably not done according to the police officers training manual.
5. There are dozens of ways to impeach the accuracy of the field tests. For instance, the most common field tests are no more than 68% accurate.
6. The Government has the burden of proof to find you guilty Beyond a Reasonable Doubt which is a Huge Hurdle if you do not have a lawyer experienced in Massachusetts Drunk Driving (OUI, DUI, DWI) cases.
7. Most officers will admit that what they observed could have been caused by a lack of coordination, lack of balance, nervousness or fatigue.
8. The jury will not know that you refused the breath or blood test because it can't be used against you.
9. The jury will not know if you refused the Field Sobriety Tests because it can't be used against you.
10. The jury will not know if you have prior offenses for operating a motor vehicle under the influence of alcohol.
Your chances increase dramatically if you hire a lawyer who concentrates in defending Drunk Driving (OUI, DUI, DWI) cases in Massachusetts.
Most People Should not Plead Guilty
UNDER THE CHANGES OF MELANIE'S BILL, THE PENALTIES HAVE ENHANCED. THERE IS NO LONGTERM BENEFIT TO PLEADING.
1. Effective November 28, 2002, Massachusetts changed its laws concerning drunk driving cases (OUI, DUI, DWI). Instead of a 10-year look back period for multiple offenses, drunk driving cases will now affect you for the REST OF YOUR LIFE.
2. Most drunk driving trials in Massachusetts result in a not guilty.
3. The Government has the burden of proof to find you guilty Beyond a Reasonable Doubt.
4. Beyond a Reasonable Doubt standard is a Huge Hurdle to overcome in Massachusetts if you do not have an attorney experienced in drunk driving cases.
5. Your case may be dismissed because the police had no right to stop your car
6. Your case may be dismissed because the police did not tell you certain rights.
7. " On a first offense you are presumed to get the first offenders program (So called 24D program-16 weeks of classes one time a week) even after trial, therefore in almost all cases there is no reason to plead guilty.
" If you are found guilty of drunk driving, most judges in Massachusetts will sentence you to the same penalty you were offered on a plea of guilty. Most importantly, on a first offense even if you lose you are eligible for a hardship license."
What Happens on my First Day in Court?
1. Contact an experienced Massachusetts Drunk Driving Lawyer as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible.
2. When you get to court in the morning report to the probation department. The probation department will take some information from you to determine if you have had any prior criminal history.
3. The probation department will then have you take a seat in the Courtroom, usually called the First session courtroom, the Main courtroom or the Arraignment session.
4. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf. However, if asked by the Court you want to enter a plea of not guilty. The Court will then give you a date to return to court for a pre-trial conference. You should request a date in approximately two weeks.
5. As a result of Melanie's Bill no temporary license will be issued. You have 15 days to appeal the suspension of your license and no matter what anyone tells you, it is possible to get your license back!
6. Do not do anything until you speak to an experienced Massachusetts Drunk Driving Attorney. There are a lot of collateral consequences to admitting to a drunk driving and you need to know about them to make an informed decision.
7. Remember Massachusetts Drunk Driving Defense is a specialized area of the law. You need to speak to a lawyer who concentrates in fighting this type of case. Massachusetts law now considers drunk driving cases over your lifetime, this will affect you.

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