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Roslindale Drunk Driving Lawyers

1. Guiney, Thomas: Traffic Crimes Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license. DriverÕs License Revocation Typically, a driverÕs license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendantÕs license may be suspended for a year or more. Driving Under the Influence DUI stands for Driving Under the Influence (it is also commonly referred to as OUI, which stands for Operating Under the Influence) and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their Blood Alcohol Content (BAC) is above the legal limit. In Massachusetts, a BAC of .08 or above creates a presumption of intoxication which can be rebutted at trial by a skilled criminal defense attorney. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or RMV approved alcohol education program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition interlocking device. In addition, a DUI conviction stays on a RMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities. The 2005 passage of ŌMelanieÕs LawĶ by the Massachusetts Legislature has dramatically changed the landscape for persons who are charged with alcohol-related motor vehicle offenses. Punishments have been substantially increased for both refusals to take a Breathalyzer Test and convictions of DUI/OUI crimes. Repeat offenders are routinely being given lengthy jail sentences by the Massachusetts Courts for these types of crimes. Driving with a Suspended License Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (OUI/DUI).