Legal Question in Criminal Law in Massachusetts

Help

My girlfriend just got issued a citation from the state of Massachusetts, her friend filed a police report against her. She went out with her friend a few weeks ago and had a few drinks and took some pills that her friend had sold her. She blacked out a while after that and was told that she got dragged to a bar(while she was asking her friend to bring her home)where her friend bought her more drinks and gave her more pills. She then woke up in her friends car with the keys in the ignition and the car running and her friend was not there. Well she panicked and left with the car to find her friend so she could go home she went around the block and hit a telephone pole at about 10 mph and damaged the car. My girlfriend has very good credibility with no prior record of drinking and driving or driving without consent. What are the extreme possibilities that can happen with her judgment and what are the most likely possibilities? Thanks for your time.


Asked on 6/04/01, 3:41 pm

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Help

Take a close look at the citation. She was probably charged with OUI, under MGL chapter 90 section 24, Negligent (or reckless) operation of a motor vehicle (ch 90 sec 24), leaving the scene of an accident, and perhaps unauthorized use of a MV.

These are criminal charges, and carry the possibility of incarceration. Your friend needs an attorney. Resist the temptation to "work things out" with the prosecutor by signing a waiver. The "deal" you work out could result in the loss of her license (the prosecutor may "forget" to mention this, they are under no obligation to inform you of the collateral consequences of her plea, that is her attorney's job).

There are two areas she should explore with her attorney: 1) was the citation properly and timely issued, and 2) can the Commonwealth prove "operation" of a motor vehicle.

You should not say or email anything else regarding the situation. Your statements (like your question to this list) could be used as evidence against your girlfriend, to show that she admitted that she drove. Good luck!!

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Answered on 6/28/01, 10:07 am


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