Legal Question in Criminal Law in Massachusetts

OUI dismissed caase

can a dismissed OUI case be used against you in a new case?


Asked on 5/31/07, 3:30 pm

2 Answers from Attorneys

Re: OUI dismissed caase

Yes, if the dismissal was predicated upon a Continuance With Out Finding (CWOF) and a period of probation, then a second OUI would be charged as OUI-2nd, even thouh there was no "conviction" in the first case. Read Mass. General Laws Chapter 90, Section 24.

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Answered on 5/31/07, 3:44 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: OUI dismissed caase

It should not be; but you will find that some DAs and judges may read something into the dismissal as if you got a break.

Technically, a truly dismissed case should not enter into the next offense.

Should you have any questions, or need assistance, contact me.

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Answered on 5/31/07, 6:31 pm


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