Legal Question in DUI Law in Massachusetts

what would I have faced here most likely?
I would have been a first-time offender of the law. I was driving drunk and trepassed on property and got my car stuck in a ditch. Everything is okay now but my question is this:

Since I left my car at the spot it was stuck in overnight before retrieving it, and before that I was driving and my door was open hit a couple mailboxes at people's homes just before getting my car stuck at the top of the ditch......so what would I probably be facing?

Like I said, with the counts of vandalism, driving impaired, wreckless driving, abandoning of my vehicle and destruction of property, what do you think I would have received for a penalty?

I have no previous record, and I was wondering if I would be able to have plea bargained that so that I would've faced just fines and probation, or would I have faced a small amount of jail time as well?

Asked on 8/26/07, 4:25 pm

3 Answers from Attorneys

Michael Baldassarre Law Office of Michael J Baldassarre

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Re: what would I have faced here most likely?

When were you caught by the police? How can they prove you were driving under the influence? Did anyone see you drive? Did you take a breath test that night or any field tests at road side or did they find you the next day or several hours later. You may have a case. You may be able to beat the OUI.

If your car was in an accident you may be able to beat some of the other charges like malicious destruction of property ( you maybe charged with a felony if the damage is over 250.00, I need to see the Complaint to be certain).

With a seasoned defense attorney, you may be able to resolve this case and save your record from any convictions.

I need to know all of the facts. But you need to hire a lawyer, don't go it alone.

Answered on 8/27/07, 7:45 am

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Daniel Maloney Law Offices of Daniel J. Maloney

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Re: what would I have faced here most likely?

I agree with Attorney Lebensbaum, that many of these charges are highly beatable give the facts you have stated.

There really is no way I can see you doing any jail time based on these facts. However, I could not guarantee anything and would need to know all the facts. Most first time offenders in non-violent offenses in Massachusetts receive a Continuance Without a Finding or a CWOF, which would be a dismissal after a period of probation.

Please contact if you have any questions.

Answered on 8/28/07, 5:16 pm

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