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Plymouth Drunk Driving Lawyers

1. Aldritch Law Office: There are many names used for Drunk Driving such as OWI (Operating While Impaired/Intoxicated), OUIL (Operating While Under the Influence), DUI (Driving Under the Influence), DWI (Driving While Impaired/Intoxicated), UBAL (Unlawful Blood Alcohol Level). Regardless, [of what it is called], this is a serious matter that can have a severe impact on not only automobile insurance rates and your drivers license, but also massive fines/costs and possible jail time. Sometimes mistakes are made such as getting behind the wheel of an automobile when one is under the influence of some alcohol or drug. Other times the police make a mistake and arrest someone who truly was not under any influence. In either situation you need a trusted attorney who has the experience and knowledge to aggressively fight for your rights.
2. Massachusetts DUI Defense Group: Contrary to popular belief, driving after the consumption of alcohol is not a crime. A crime is only committed if you are (1) operating a motor vehicle, (2) on a public way, (3) under the influence of alcohol or drugs. If the District Attorney fails to prove any one of these elements beyond a reasonable doubt, then your case will result in a dismissal. There are TWO CASES For Every Massachusetts DUI Arrest When you are arrested for a DUI, your problem becomes like a big tree with two branches. One branch deals with the Registry of Motor Vehicles (RMV) Hearing and your driver's license, Hardship license (also known as a "Cinderella License," work license, or limited-use license), and ignition interlock device. The other branch deals with the aspects of your criminal case. Implied-consent laws create the legal presumption that if you take advantage of the privilege of driving on a Massachusetts road, you automatically consent to state-administered breath testing to determine your blood-alcohol content (BAC). If you refuse to take a breath test, your driver's license will be suspended by the RMV.
3. Pollack, Irwin: When facing DUI charges in Boston, you are in serious trouble without the assistance of a Boston DUI Defense Attorney. There are many types of DUI defenses that could be initiated on your behalf, depending on the circumstances of the arrest, whether you have an earlier DUI conviction on your record, and other factors including whether an accident or an injury occurred. The defense of your DUI charges varies according to these and other factors. There are several types of DUI defenses that are often possible, and result in the dismissal of charges in a large number of cases. Some of the types of DUI defenses include: Violations of Arrest Procedure The procedures that are required in any DUI arrest are specific and if not followed to the letter can result in a court challenge. These court challenges can result in the evidence against you being suppressed. No evidence = no conviction. This is one of the first aspects of the case that will be thoroughly looked into by your Boston DUI Defense Attorney. Incorrect Testing Procedure Both breathalyzer and field sobriety tests can be open to dispute, as their accuracy is known to have a fairly large margin of error. Field sobriety testing is based on the observation of the officer administering the test, and as this is human observation it is extremely varied. There are many factors other than being intoxicated that can cause an individual to stagger, have balance problems or be poor at following orders. Fear can be one factor, medical conditions, age, language problems and other factors can affect field sobriety testing results. Proving such conditions can result in the evidence from the sobriety testing to be disallowed in your case. No Probable Cause Law enforcement must have probable cause to pull you over under suspicion of DUI (or OUI). This is frequently violated, and if it can be proven that there actually was no probably cause for the "stop" you may be in the position of having the evidence you thrown out of court. No evidence = no conviction. In many cases, this results in "case dismissed". There are many other possible DUI defenses that may be employed by a skilled Boston DUI Defense Attorney. It is crucial that you have legal representation if facing a DUI charge, and the experienced DUI Defense Lawyer in your area will aggressively fight for your defense, and be by your side from the moment of your arrest. If you have been pulled over for a Boston OUI on the Mass. Pike, Route 93, Storrow Drive, Mass Avenue, or near Kenmore Square, Fenway, or the waterfront, you know how frightening it is when you get pulled over and asked questions or to submit to field sobriety tests. Don't face this situation without an aggressive attorney fighting every step of the way.
4. Harold Moody: Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
5. Rodney Schonland: when you are accused of O-U-I, there are certain legal steps that can be taken to ensure that you are treated fairly from the beginning of the legal process through to its conclusion. That's especially important now, here in Massachusetts, where tough new O-U-I legislation was enacted in 2003.
6. Timothy Kelliher: Don't Roll the Dice, Justice is NOT a Game
7. Jack Diamond: A public way is any road or way which is typically maintained by a Public Works Department or Highway Department and to which the public has right of access to operate their vehicle. Parking lots and private ways to which the public has access as an invitee are also characterized as public ways for the purposes of the OUI charge. It is not necessary that you be operating behind the wheel of your car and actually driving for the prosecutor to prove that you are operating your vehicle. Sitting in the driver's seat parked with the engine running is sufficient to satisfy this element. Additionally, parking your car at the side of the road and turning the vehicle off but leaving the keys in the ignition is sufficient to prove the element of operation. The element of this charge that is typically in contest is whether an operator has consumed an amount of alcohol sufficient to impair his or her ability to operate their vehicle safely. It is not the prosecutor's burden to prove that the operator is drunk or that the operator was driving his car in an erratic fashion. All that is required of the prosecutor is that he prove that the operator has consumed some alcohol and the consumption has diminished the person's ability to operate a vehicle safely. * OUI in general * It's Not The End of The World * Administrative License Suspension * Court Procedures o The Arraignment o Pre-Trial Conference o Motion Hearing o Trial o Sentencing OUI In General It is legal in all 50 United States to drive a car after drinking alcoholic beverages, if you are over the age of 21 years. Despite this fact, drunk driving is one of the most politically controversial crimes, subject to constant lobbying by powerful groups such as Mothers Against Drunk Driving (MADD). Today, drunk driving is one of the most aggressively enforced crimes on the Massachusetts books. What is drunk driving, operating under the influence (OUI), driving under the influence (DUI) or driving while intoxicated (DWI)? Contrary to the term drunk driving, one does not actually have to be drunk to be arrested and convicted for drunk driving. Massachusetts law states that an operator only has to have his ability to safely operate a motor vehicle impaired by the consumption of alcohol to be guilty of operating under the influence of alcohol. This terminology creates a very ambiguous standard of measure that is subject to the subjective opinions of various jurors, judges and police officers. In Massachusetts, as it is in most other states in this country, an operator is per se under the influence of alcohol if he has a .08 percent blood alcohol content (BAC). In Massachusetts, effective July 1, 2004 a breath test of .08 or higher can be considered as proof of intoxication. While OUI is not the most serious crime on the books in Massachusetts, it is one of the most aggressively prosecuted crimes and carries mandatory minimum dispositions for convictions or pleas. All of these dispositions carry a Registry of Motor Vehicle (RMV) license suspension, in addition to court-imposed penalties. Effective, November 29, 2002, any conviction (or CWOF) for OUI can and will count against you for the rest of your life. In October of 2005, Melanie's Law was passed and put into effect in Massachusetts. Melanie's Law is one of the most comprehensive and dramatic revisions to the Massachusetts OUI law. Melanie's Law imposes very serious license suspensions and criminal penalties. Melanie's Law is primarily aimed towrds repeat OUI offenders . It is important you understand all of the various penalties and ramifications imposed against you in disposing of your OUI case. Back to top It's Not The End of The World Despite the grim picture painted above, with proper representation, your likelihood of avoiding a conviction for your OUI charge is quite good. Juries currently acquit OUI defendants in over 50 percent of the trials presented to juries. The most important step you can take to avoiding a conviction in your OUI case is to consult with a qualified criminal defense lawyer immediately. As with any criminal case, early intervention into your matter helps to preserve evidence that may be favorable in your behalf and can mitigate some of the prosecutor's efforts to secure evidence to convict you. Back to top Administrative License Suspension * License Suspension As mentioned above, if you refuse the breath test after your OUI arrest, your licensewill be suspended for at least 180 days, and up to a life suspension if you have 3 or more prior OUI convictions. If you submit to and fail the breath test by registering a reading of .08 percent (BAC), your license will suspended for 30 days. If either of these suspensions occurs, your license will be immediately confiscated by the arresting police department. * There is, however, a provision in the OUI statute that states that if you are found NOT GUILTY or if the OUI charges are dismissed before the refusal suspension has expired, you are presumed to have your license reinstated immediately. * There is no hardship license available for this administrative suspension. Back to top Court Procedures 1. The Arraignment Your first appearance in court is for arraignment. At this time, the court advises each defendant exactly what is the nature of the charge and enters a plea of not guilty to that charge. Unless you've got a criminal history, with prior court defaults or some egregious activity in your arrest, it is more than likely that you will be released on your own personal recognizance to appear back at court for pre-trial conference. If the District Attorney's Office is requesting a bail be posted to ensure your return to court, you will be entitled to a bail hearing. If you do not have an attorney with you at your arraignment, the court will provide an attorney for you for the limited purposes of that bail hearing. 2. Pre-Trial Conference The pre-trial conference is typically the next court date after your arraignment. It is designed as the first opportunity for a defendant and attorney to meet with the prosecutor and conduct a meaningful discussion of the case. By the time of the pre-trial conference, the parties have had an opportunity to review relevant police reports and to identify if there is additional outstanding material available, pertinent to the case. The court encourages that the parties attempt to identify by the time of the pre-trial conference whether a trial will be necessary for this case or if there is some possibility of resolving the case short of trial by way of a disposition. Under the current Massachusetts Criminal Court Procedures, every defendant now has a right to tender an admission or plea to the charges and request a disposition be imposed. If the court accepts this disposition, then the case can be resolved upon terms which the defendant has suggested. If the court is not inclined to accept that disposition and suggests a greater penalty, the defendant has the option of accepting that counter offer or rejecting the disposition and preserving their trial rights. If the case is not disposed of at pre-trial conference, then a motion hearing date or a trial date is scheduled. 3. Motion Hearing In a drunk driving case, just as any other criminal case, there are oftentimes many pre-trial motions that can be filed and argued that may be dispositive of the charges against you. Motions to suppress evidence are regularly used to attempt to exclude damaging evidence against you that may have been secured by some improper action of the arresting police department. Motions to dismiss may also be filed in certain instances to achieve a dismissal of the charges against you, based on some technical violation. 4. Trial OUI trials are typically held in the courthouse where the pre-trial dates have been conducted. In some instances if a jury trial is elected by the defendant, the case may be transferred to another courthouse, within that county, that has the facilities and jurisdiction to conduct a jury trial. A defendant in an OUI charge, pending in the district court, has a right to a trial before a judge or a jury of six persons. The decision of whether to try the case before a judge or a jury is typically not made until the day of trial. 5. Sentencing In the event that your case proceeds to trial and there is a verdict against you, sentencing is usually conducted immediately following the trial. After the jury reports their verdict and have been excused, the judge then proceeds to the sentencing phase if there is a guilty finding. The Commonwealth proceeds first and requests a specific disposition and offers reasons in support of that recommendation. Your attorney is then allowed to make a recommendation on your behalf and to provide pertinent personal and factual argument in support of that recommendation. The judge will typically enter the disposition at that time.