Legal Question in Criminal Law in Massachusetts

Re: MA OUI first offense

Usually OUI I cases have to go to trial, b/c the DA's offices will not give a deal other than the sentence the defendant would obtain if he tried the case to judge or jury and lost. In these circumstances, there is often nothing to lose by taking your chances at trial. While trials always present risk, it is generally believed that OUI cases are more "winnable" than many other everyday crimes. Of course, the prospects of success depends heavily on the specific facts at issue. Also, certain counties/cities/towns are better (or worse) places for OUI defense. Without knowing more, it is impossible to assess the prospects of success.

Given your son's young age, and the circumstances described above, you should seek out an attorney to discuss the defenses potentially available and prospects for success, preferably one with previous OUI experience. I tried 14 of OUI cases when on loan to the DA's office, which gives me a unique perspective when providing a defense. I would be pleased to meet with you/him/both, without obligation, to discuss the problem and formulate a strategy to deal with it.

Re: MA OUI first offense

There are several different options in a case like this. A copy of the police report in addition to the booking video will enable an attorney to give you well informed advice. Feel free to contact me if you'd like to discuss the case in person.

: MA OUI first offense

Tough situation for such a young person.

With a .13, the presumption is against him, as would be the Breathalyzer.

As Risa said, the entire case would have to be evaluated by a criminal defense attorney. Superficially, it does not look good for your son. However, a close analysis is needed.

If you need such an attorney, contact me.