Legal Question in DUI Law in Massachusetts

Police Report Info

Thank you for reading this. During this summer I was arrested for OUI 2nd Offense in Massachusetts. In actuality though, I have been stopped for OUI 2 previous times, the second of which I was found not guilty. The police officer, while listing my offense, did so for this offense as my second, however he also listed my offense which I was found not guilty of... Can he do this? In other words, can he put information into the police report, relating to prior arrests for which I was found not guilty? If not, could I use this to aid in my defense. I plan on going to trial. Thank you!


Asked on 11/12/07, 7:07 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Police Report Info

What is important is your convictions or pleas, and the facts related to your present arrest.

If you have questions, contact me.

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Answered on 11/12/07, 10:18 pm
Dmitry Lev The Lev Law Firm

Re: Police Report Info

Your lawyer will know how to deal with this. The jury will not see or hear what's on the police report, and if things don't go well for you and it comes down to punishing you as a subsequent offender, only prior convictions and pleas will count against you. Is this at the Boston Municipal Court or Roxbury District?

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Answered on 11/19/07, 2:58 am


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