Can I Handle a Massachusetts OUI Charge WIthout a Lawyer?
It is not a good idea to handle an OUI charge without a lawyer. Many individuals who tell the judge that they would like to proceed without an attorney are told by the judge that the decision is not advisable, that they should consult with an attorney and that an OUI charge in Massachusetts is the type of serious offense which someone needs to hire an attorney.Most people when reading their own police report overestimate how strong the case is against them.
The reason why it is advisable to hire an attorney to defend a OUI charge is that it is very difficult for somebody who does not have experience reading police reports, who has not had advanced training in defending DUI charges, to understand what to look for even in reading a police report. The police have a training manual that tells them how they should conduct a field sobriety test. Without having a firm grasp of what that training manual says, a reading of the police report would be virtually meaningless.
Almost all police reports make the motorist sound drunk. Additionally, in almost every police report the officer claims that an individual failed the field sobriety test. However, without an understanding of what the officer should look for and how officers are supposed to write police reports, a motorist cannot evaluate whether the officer properly conducted an investigation and properly performed the field sobriety test.
Another reason why it is difficult for someone to represent themselves on a Massachusetts OUI charge is because there are many motions and legal arguments that can be made to defend a case and to exclude evidence.
Massachusetts DUI law and constitutional law changes frequently when new cases are being decided in Massachusetts and throughout the country. Attorneys handle drunk driving cases regularly understand these changes in the law and keep current on them to better represent their client.
Even in a case with breathalyzer test evidence, it is important to have an attorney to review the evidence to ensure that the breathalyzer test results would be admissible at trial.
Once a case is resolved it is very difficult to reopen the case. As an experienced DUI lawyer I have received numerous calls from individuals who have resolved cases on their own and later regret those decisions. Before deciding to represent yourself, call me to discuss your case I will be happy to answer your questions and help you make an informed decision on how to proceed with your case. You can call me at 781-686-5924 or 508-455-4755.