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