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Weymouth Drunk Driving Lawyers

• George Lane: Most Operating Under the Influence and DWI cases are prosecuted in the District Court which serves the city or town where the alleged offense occurred. 3rd offenses or higher, as well as other felony motor vehicle charges , are at times, prosecuted in the Superior Court of the respective county. ÊÊÊÊDistrict Court cases, from arrest to trial, can take as little as 2-3 months to over a year. Many factors, including the complexity of the legal issues involve, court scheduling, and witness availabilty all contribute to the time needed to take a case through the court process. In general, time is on the side of the person charged. Witnesses' Êmemories tend to wane over time, making the prosecution's job in proving its case more difficult. ÊÊÊÊMost OUI cases are defended on many levels for many reasons. An increasing number of these types of cases are being successfully defended by talented and knowledgeable lawyers who practice daily in this area. ÊÊÊÊDue to the severity of fines, probation terms, license losses, mandatory jail sentences, and other collateral consequences such as the loss of employment, more and more DWI/OUI cases are being contested, successfully! PERSONS CHARGED WITH ALCOHOL-RELATED MOTOR VEHICLE OFFENSES SHOULD SEEK THE ADVICE OF A LAWYER WHO CONCENTRATES IN THE DEFENSE OF THESE CASES BEFORE MAKING ANY DECISIONS.
• Peter Dempsey: MASSACHUSETTS DRUNK DRIVING OUI-DUI LAW Being charged with violating the drunk driving (OUI-DUI) law in Massachusetts carries with it the potential for severe sanctions, including mandatory incarceration for repeat offenders. Anyone arrested for drunk driving (OUI-DUI) needs an experienced criminal defense lawyer who has a thorough and complete knowledge of Massachusetts drunk driving law. The Stop. In Massachusetts, the police may not stop a car unless they have some reasonable basis for believing that illegal activity is occurring. An unlawful stop could result in the dismissal of a drunk driving (OUI-DUI) charge The Order To Exit. The police cannot order a driver to get out of a car unless they reasonably believe that their safety is at risk. Drunk Driving Field Sobriety Tests. A driver has the right to refuse to take any field sobriety test offered by the police and such refusal cannot be admitted into evidence at trial. Field sobriety tests will not be admitted where they follow an illegal stop or order to exit. Breathalyzer Tests. Massachusetts law requires the government to show that the machine was functioning properly. The legal limit is now .08. If a driver takes the test and the result is greater than the legal limit, there is a 90 day loss of license. If the driver refuses the test, there is a loss of license of 120 days. The refusal to take a breathalyzer test cannot be admitted into evidence. Blood Test. By law every person arrested for drunk driving (OUI-DUI) in Massachusetts has the right to take a blood test. If the arrested person requests to have his/her blood tested and is denied bail, then the drunk driving (OUI-DUI) charge could be dismissed.