Cape Cod DUI Lawyer
Understand the process when charged with OUI on the Cape
Many who have been enjoying a vacation on Cape Code have found the weekend ruined when charged with DUI by an over aggressive police officer. In the summer, police officers on Cape Code are looking to make OUI arrest which in many cases can lead to a criminal charge for someone that was just socializing with family and friends and not violating any law.
It is important to remember that it is not illegal to drive after drinking alcohol. It is only when a person is under the influence of alcohol that there is a violation of the law. This is course very subjective by requires the Commonwealth to prove the following the following:
- physical ability was impacted by alcohol
- Driving showed impact by alcohol
- Mentally impaired by alcohol
- Appeared under the influence of alcohol.
OUI arrests in Cape Code could be heard in any of the following Courts:
- Falmouth District Court
- Barnstable District Court
- Orleans District Court
While it is understandable to be nervous and upset after an arrest for OUI, keep in mind that an arrest is far from a conviction. The reality is that anyone that consumes alcohol and drives, which may be legally, is at risk to being arrested for OUI if an officer wants to make an arrest.
The best way to get through an arrest is to hire an attorney, learn what the court process entails and when you can get your license back. Once you understand the process it will be of great help to you. My clients are always free to call with questions; many of the preliminary parts to planning the case for trial I will do right away and will not need your assistance with. One thing I do have clients prepare right away is an intake form that explains their version of events.
If you have questions, feel free to contact me at 508-455-4755 or 781-686-5924.Orleans District CourtBarnstable District Court
In this case, our client was arrested for an OUI second offense. At the police station, the client refused the breath test which resulted in a three year license suspension. DelSignore Law filed a petition with the court to overturn the suspension. At the appeal hearing in Barnstable, Attorney DelSignore was able to show that the client did not actually refuse the breath test. Instead, he argued, that the defendant tried to take the test but could not give an appropriate sample due to a medical condition which makes it difficult to exert a sufficient air sample. Attorney DelSignore also emphasized the deficiencies in the RMV paperwork and the major issues that have been surrounding the breath test in Massachusetts as of late. After Attorney DelSignore's argument, the judge overturned the suspension and the clients FULL license was reinstated!