Legal Question in DUI Law in Massachusetts

Re: OUI and possesion of Class D substance

There is no "we" here, the decision whether to plea is your son's and your son's alone. He must evaluate his own pros and cons, chances of success with the attorney, collateral consequences, the strength of the evidence, and all other factors.

Re: OUI and possesion of Class D substance

The prosecutor might not be allowed to offer any deal less than the penalty if your son is tried and convicted. If that's the case, the lawyer is right, you have nothing to lose and a lot to gain by trying the case. I used to prosecute OUI cases (14), and, depending on the location, the "success" rate (% of OUI guilty verdict) was under 50%.

Often times the jurors themselves have, at one time or another, driven after a few too many, and can easily envision themselves in the unlucky shoes of your son; and for those reasons, OUI juries can be synmpathetic and will acquit. For But its certainly no sure thing.

Having tried OUI's I know the best and most effective defenses. If its in the county I worked in, sometimes knowing people can help.

The class D can probably be resolved, if its a small amount. Probably CWOF, perhaps drug testing for 6 months or classes.

Feel free to give a call to discuss if you'd like.

OUI and possesion of Class D substance

If you are posting the question, there is a problem. As a primary matter, you should confer with your son's attorney.

Mass. does not have a no contest plea, and you have provided zero information about your belief as to why your son can or cannot prevail.

Re: OUI and possesion of Class D substance

As stated by Attorney Tiedemann, OUI cases are very triable. Also, the sentence after trial will likely be the same in a plea. However, you must be very careful regarding the possession of a Class D substance. A drug conviction has a lot of collateral consequences that can affect your son's driving license, ability to get into college, ability to obtain student loans, ability to obtain federal licenses for various things, ability to be a law enforcement officer in the future, etc..

You really should discuss these issues in depth with your son's attorney. You have to trust that your attorney has your best interest in mind. If you do not have that trust, for whatever reason, then you need to get a new attorney. Good Luck.