Plymouth Drunk Driving Lawyers
- Harold Moody:
Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.
- 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.
- Timothy Kelliher:
Don't Roll the Dice, Justice is NOT a Game
- 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.
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