Legal Question in DUI Law in Massachusetts

2nd offense DUIL in MA

I was convicted of my 2nd DUI in MA two years ago. Sentenced to 2 yrs probation, a 2 week inpatient program and aftercare. My probation end 1/2007. In the past 2 yrs I have completed a 6 month halfway house program and 3/4 house program. I am an active participant of a 12 step recovery program and have been sober for 18 months. My probation officer has excused me from the mandatory aftercare program but is unable to excuse me from the 2 week mandatory inpatient program. Is there a way that I can be excused from this? I have heard that I need to file a motion? How do I do that? Do I need a lawyer? Any info would be helpful.


Asked on 8/29/06, 12:27 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: 2nd offense DUIL in MA

Your probation office is kind. The 2-week in-patient prgram is in lieu of jail time. The only individual that can amend your sentence is the judge. Typically your sentece would be part of a plea. My suggestion is that you seek counsel, and maybe, mabe - it is a long shot - your lawyer can negotiate with the ADA about revising your sentence. You can contact me at my office if you have any further questions, or need assistance.

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Answered on 8/29/06, 3:43 pm


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