Legal Question in DUI Law in Massachusetts
I hit another car from behind (no injuries and no massive repair) at a stoplight. We exchanged our Insurance stuff, and then a policeman came by. I got nervous and mumbly, which Is how I get when I feel bad, and the officer pulled me to the side and issued me a DUI. He used no breathalyzer, didn't have me walk a straight line, he just put me in the squad car and impounded my car.
What does all this mean? I was driving perfectly soberly, I've been a very-long-term safe driver, and this is the first accident I've ever had. How do I contest this when he didn't even gather any evidence? Thanks so much.
5 Answers from Attorneys
The Commonwealth (DA) needs to prove the case against you beyond a reasonable doubt. If there is little to no evidence you were impaired then you should probably challenge it in court. While you can represent yourself, a lawyer familiar with the OUI laws, court procedure and court rules would be better suited to assist you. I would consult with a lawyer. Have them look at your paperwork and give you an assesment of your case.
I agree with attorney coughlin. You should speak with an experienced attorney. There are a number of ways to challenge the case. The first question I would ask is why the police did not offer you a breathalyzer. You may also present a good defense based upon their failure to conduct field sobriety tests. Feel free to contact me for a detailed analysis.
Feel free to call my brother and law partner Ted Harrington; he is very successful in defending those accused on OUI. He is away in NJ, but feel free to call his cell, 617-347-5656. Your statement indicates the police never offered you a breathalyzer, which would be illegal. You may very well have grounds to dismiss and, regardless, have a triable case. The recent changes to the OUI laws make it more important to fight charges that are unsubstantiated. You may be tempted to take the first-offender disposition, but if you are ever arrested again on the charge, you would face going away for two weeks. I strongly recommned sitting down with an experienced attorney. Good luck. Bill Harrington
It appears you have a very defendable case. Feel free to call me directly to discuss this further. Having prosecuted 14 OUI cases, I am very familiar with the issues involved and effective defenses.
I do a great deal of OUI/DWI Drunk Driving cases. Please go to my web site at www.lawworcester.com and look at the Client Testimonials and the pages on Operating Under the Influense. To save you a lot of reading, OUIs are a particular area of law that should be defended by people who are familiar with the ins and outs of the defenses available and the best ways to defend OUI defendants. I wold be happy to discuss the particlars with you of your situation. From what you present, you have a very triable case and you should defend yourself through experienced counsel. You only have one opportunity to do the right thing here and the rest of your life to live with the consequences of your choices here about the lawyer that you hire and how you resolve this case. There is no charge for a telephone consultation. Call me and I would be ahppy to talk to you. I do not advise puitting specific facts online for all to see and use.