Ayer Second Offense OUI Lawyer
Attorney Michael DelSignore has been helping people avoid OUI convictions in Ayer District Court for over 20 years. Since Attorney DelSignore is known statewide for winning OUI cases, many charged with Second offense and higher drunk driving charges hire him to defend their case. As an Ayer, Massachusetts Second Offense OUI Lawyer, Attorney DelSignore will make sure you understand the following about your case:
When you read the police report, you should know most people things the case is stronger than it is actually is based on the report. Here is what you should know from DelSignore Law about OUI police reports:
- Often overstate the facts and are exaggerated;
- Slurred speech rarely present when there is video evidence;
- Unsteadiness is often aggravated and nervousness is considered being unsteady;
- The police report is not evidence, meaning it will not be read in Court;
- Often the officer’s actual testimony when combined with Attorney DelSignore cross examination will present a more favorable view of what happened than the police report.
When you face a Second Offense OUI, often you will have few options other than to take the case to trial and try for a not guilty verdict. If your two OUI offenses are within 10 years, the only way to avoid the three-year suspension for breath test refusal is to obtain a not guilty verdict after trial and also have a judge approve a motion to reinstate your license. In most cases, a judge will allow this motion.
You have more options if your two OUI offenses are outside of 10 years. 10 years is significant time period when charged with a second offense OUI because it will allow you to receive a potential disposition that allows you to drive much sooner. If you receive what is often called the Cahill Disposition in Court, you will receive a one year probation, 45 day license loss with the requirement that you complete the 24D alcohol education program. This is basically the same resolution you got on your 1st offense OUI. The benefit of this resolution is the following:
- You avoid having to do a two week in-patient program where you cannot leave, called the 14 day in-patient;
- If you refused a breath test you can have your license restored prior to the 3 years with a hardship; you can get back on the road immediately if the RMV will approve the hardship or likely within four months if you have to have a hearing with the Appeals Board.
- The Cahill Disposition does require you to get an interlock installed in your car; this is for the period of the hardship, plus an additional 2 years.
- The best way to avoid an OUI conviction for a Second Offense is to hire Attorney DelSignore. His method of attacking field sobriety tests and breath test evidence give you the best chance at a not guilty verdict in Court. When you speak to him about your case, you will get a depth of knowledge few other lawyers possess about defending OUI cases in Massachusetts and in Ayer District Court.
Call or Text Attorney DelSignore at 781-686-5924 to learn the defenses to your case.
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