Legal Question in Criminal Law in Massachusetts

Text of Massachusetts General Law c. 90, � 24

The text is too long to post on this bulletin board. You can go to the Massachusetts State Web Site and they may have it. You can try the Social Law Library www.socialaw.com as well.

Massachusetts DUI Law

DUI in Massachusetts is a criminal offense. Attorney Pransky gave you the citation to the Massachusetts General Law, which is complex and takes into account which offense this is, how old the driver is, what the level of alcohol was, and defines the elements of the crime.

The citation, if there was one, should cite the specific law violated. If you were not cited for DUI, then you can put that concern behind you. Assuming that you or someone close to you has been charged, please utilize an attorney to defend you. Even if you plan to plead out, an attorney can help you negotiate the best "deal" with the DA. These are high profile cases, and the DAs do not dismiss them without a trial or a significant penalty. You could have a tough finght on your hands. If you cannot afford an attorney, the Court will appoint an attorney to defend you, if you ask for one.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Operating Under the Influence OF . . .

Breath tests, field sobriety tests, police reports, accident reports, witness reports, examination of the breath testing machine (Breathalyzer). When was it last calibrated? What is your weight, height, gender, rates at which your body absorbs alcohol, rates at which your body burns it off. What did the arresting officer see? Were you driving, parked along the road drinking a beer, sleeping at a rest stop? Were you alone in the car/truck? Were you on a public road, a private one, a parking lot, a high crime area? Do not even attempt to go it alone. The factors and facts you have to know or inquire into are many. If you go it aloe, you are being penny wise and dollar foolish. Good luck!