Dedham First Offense OUI Lawyer

Getting arrested for an OUI can be overwhelming, especially if this is your first offense. A Dedham first offense OUI lawyer can understand how difficult it can be to handle this alone. A skilled OUI defense attorney could help you navigate this difficult process. If you have been charged with an OUI offense, consult a dedicated lawyer that could advocate for you.

WHAT WILL HAPPEN AT MY FIRST COURT DATE?

In most OUI first or second offense cases, the person will be released on their own personal recognizance, which means they are just released on the promise that they will appear to each and every court date. There are other circumstances that could have increased this amount of bail, and certainly third offenses are higher. There could be a cash bond that would accompany any sort of release. Pretrial release for Dedham OUI arrests is when a party is released pending the disposition of their case.

People can be released on personal recognizance, meaning they are agreeing to appear to every court date on their own. There can be conditions of release, and being either drug or alcohol free in an OUI case might be a condition. There also can be a bail that is paid to make sure that that person appears.

There are certain types of arguments that should be made on that initial date, so it is really important to get a defense attorney on the case as soon as possible. A lawyer can represent the accused at that initial hearing to ensure that the potential client is released on personal recognizance so that they can be released on a pretrial basis and they are not held in jail pending the case. If you have no prior record, you would typically be released on your promise to appear back in court at a future date, assuming you were charged with a 1st offense OUI without any serious injury or aggravating factors.

The first court date is your arraignment, and these court dates are generally quick; you will have the charges formally read to you and you will enter a not guilty plea. The judge will give you a pretrial date and require that you appear, once again, on that day. You will likely be instructed to hire a lawyer before that date.

MISTAKES TO AVOID

The biggest mistake to avoid on a first-offense OUI case is assuming the case cannot be won because the person took a breath test.

Breath test is now admissible in Massachusetts if the machine was calibrated after April 18, 2019. Breath test evidence is often inaccurate, unreliable, and might not come into evidence. Individuals should not assume that a case cannot be won because of the breath test.

If a person loses the case, there is going to be a 45-day license loss. The person will be able to pursue a hardship license. His or her license will be suspended if there is a plea or conviction after trial. In some cases, the case will go to trial and the person will be found not guilty on OUI but may be guilty of the negligent driving.

In that case, they do not lose their license immediately but the registry will then send a notice a week or two later indicating a 60-day license loss. It is better to lose a license for the negligent operation than an OUI in terms of the person's record, in terms of court costs, and in terms of the potential for a follow-up or enhanced penalties in the future. Other penalties for OUIs include fines and fees of $1380 to the court and $757.00 for the 24-D Program. A Dedham first offense OUI lawyer can attempt to mitigate the penalties that a person may face.

If someone refuses the breath test, they can go to the Registry of Motor Vehicles in Boston within 15 days – including weekends and holidays, to appeal the suspension. Often, the appeals are denied, but we do have the opportunity to appeal it to the Dedham District Court.

Another way to get your license back is if you opt to resolve the case before your refusal suspension expires. In that case, there is a presumption of reinstatement but, typically, the suspension for refusal on a first OUI is six months. So, typically, it is going to take close to that time to get a case to trial anyway. After the six months, the person gets their full license back whether or not the case has been resolved.

CAN I BE ARRESTED FOR OUI IF I WAS NOT DRIVING MY CAR AT THE TIME OF THE ARREST?

The definition of operating a vehicle in Dedham OUI cases legally means the control of a vehicle. The law says someone manipulates the gear shift, the keys, and the ignition. The car does not technically have to be running to prove operation. Speak with a distinguished OUI attorney about how OUI law can impact your case.

The prosecution must prove that the person manipulated the gear shift and the keys in the car. When the keys are in the ignition, the prosecution claims that proves operation. The keys are in the ignition, the lights were on, or the engine was warm to touch. In some cases, someone is pulled over to the side of the road after an accident and the car is going not running. The prosecution must prove the definition of operating a vehicle in Dedham OUI cases. They can claim that the person drove the car because they own the car. It appeared to be driven and no one else was in the area.

The first thing to do when preparing a defense is to look at the report and see where the case stands. Is the attorney going to be able to cross-examine the officer and then show to the jury that there is reasonable doubt? In other words, even if everything the officer says is true, is it possible that the prosecution cannot prove this case beyond a reasonable doubt?

Another defense is looking at whether the case falls into the category of being able to establish the defense from the officer. Sometimes, someone will say they had a large amount to drink, five or six drinks. the Dedham first offense OUI lawyer might be able to do a motion to suppress or exclude that statement and then prepare the defense based on the cross-examination of the officer.

The other way to prepare the defense is to look for other evidence that is objective, like video evidence either from the police or third parties, that the defense could use to negate or confront the officer's version of what happened. If someone has been charged with a first-offense OUI, they should consult a Dedham first offense OUI attorney that can fight for them.