Springfield Drunk Driving Lawyers
- Robert Astor:
DUI Penalties and Melanie's Law
In response to a fatal drunk driving accident, involving the death a young girl, Massachusetts passed Melanie's Law. Under this new law, you face more severe criminal penalties for multiple OUI convictions. It has become even more important, with these serious penalties, to hire a skilled criminal defense lawyer.
- Ryan Alekman:
If you are facing the consequences of a Massachusetts drunk driving
arrest, you are no doubt aware of the high stakes involved. In today's
fast-paced world, loss of your driver's license is almost as disruptive
as a jail sentence.
Criminal Penalties for OUI (DUI/DWI)
Operating under the influence (OUI) can result in serious civil and criminal penalties, even for first offense OUI. Individuals who are convicted for drunk driving may face the following penalties:
* First offense OUI: Individuals facing first offense drunk driving charges may face penalties including fines ($500-$5,000), license suspension (up to one year) and jail time (up to two and a half years). However, first time offenders may be eligible to receive reduced sentences by completing an approved alcohol education program.
* Second offense OUI: A conviction for second offense drunk driving can result in fines ($600-$10,000), license suspension (two years) and jail time (30 days up to two and a half years).
* Third offense OUI (and subsequent offenses): Third offense or subsequent offense drunk driving will result in felony drunk driving charges which can result in penalties including fines ($1,000-$50,000), license suspension (eight years to permanent revocation) and jail time (150 days up to five years).
- John McKenna:
The penalties for a conviction for OUI / drunk driving can be severe. Even a first offense can result in up to 2 years in the House of Corrections, a one-year revocation of the drivers license, stiff fines, and other consequences. A conviction on a second offense requires installation in your car of an interlock device to monitor blood alcohol before your car will start. This requirement, known as Melanies Law, is one example of the increasingly severe OUI conviction penalties in the Commonwealth. Attorney McKenna has comprehensive knowledge of these statutes and the penalties, and will work vigorously to protect your rights.
Know Your Rights
If stopped for drunk driving, you can:
refuse a breathalyzer test (although there are penalties for doing so)
refuse to take a field sobriety test
contact an attorney
remain silent
receive prompt bail
see an independent physician for a blood test
- Bruce Patryn:
Finding and working with a lawyer can be a daunting task. However, there are many situations that arise that require sound legal advice and representation.
- Joseph Bernard:
Ensure that your rights are protected.
- Dan Karpman:
Summary: Massachusetts' New Drunk Driving Law
Tougher Limits
Lowers from .10 to .08 the blood alcohol level at
which a person is presumed intoxicated.
Establishes a separate blood alcohol level for drivers
under age 21 of .02 for license suspension.
Creates a "per se" OUI violation.
Creates a "lifetime" look back period for repeat offenses.
Out-of-state convictions will be used to calculate
repeat offenses.
Tougher Penalties
Requires police to immediately confiscate the driver's
license upon breath test failure or refusal.
Increases sentences and fines for first-time OUI
offense.
Increases minimum and maximum penalties for all repeat
offenses.
Classifies third and subsequent offenses as felony
convictions.
Increases the suspension period for refusing to take the breathalyzer test.
New Incentives
Allows a first offender, entering a treatment program, to obtain a "hardship license".
Provides an incentive to take the breath test by reducing the suspension period for failing to 30 days.
- Frank Law Offices:
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.
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