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.How Courts Treat These Charges
A first-time OUI charge has a uniform resolution. In other words, if a person wants to plea, they have no prior record, and that it is a run-of-the-mill case, they will receive a continuance without a finding for one year.
A first offense has a uniform resolution to the case. In other words, it is a standard plea, so a DA cannot go beneath that. They could exceed it but, generally, they do not. All OUI charges are heard in the Dedham District Court.
In other words, if it is a first or second offense, as long as the person is arrested in the jurisdiction of the Dedham Court, which includes Norwood, Westwood, Midway, and Dedham, then the case is heard in Dedham District Court.Mistakes to Avoid
The biggest mistake to avoid during a first-offense OUI case is assuming the case cannot be won because the person took a breath test. Breath tests are not being used in Massachusetts right now. They have not been used since August of this year based on some litigation in which it was determined that the government did not disclose all the documents they should have disclosed. Even when that litigation gets cleared up, the breath test can be challenged. It might be inaccurate, unreliable, and might not come into evidence. Individuals should not assume that a case cannot be won because of the breath test.
Whether the breath test is 0.09 or 0.25, it does not make a difference. The jury does not know that there is a breath test, so a case is still defensible even if there is a breath test.Whenever a person reads a report, they always think it is bad and they do not have a frame of reference, not having read these every day and not knowing what should be in the report or what is not in the report.What Happens to a Person's Driver's License After a First-Time OUI Charge?
If a person loses the case, there is going to be a 45-day license loss. The person will be able to pursue hardship. The license will be suspended if there is a plea or conviction after trial. In some cases, the defense 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 $725 for the 24-D Program. A Dedham first offense OUI lawyer can attempt to mitigate the penalties that a person may face.Challenging License Suspension After a First-Time DUI
If someone refuses the breath test, they can go down to the Registry of Motor Vehicles in Boston within 15 days – including weekends and holidays – and then the RMV will essentially deny that request to reinstate in 99% of the cases. Then the person can appeal it to the Dedham District Court. It is difficult to win these appeals and very difficult in Dedham Court to get a judge to overturn a refusal suspension, but that is the steps to take. In some other courts, there has been more success in overturning refusal suspensions but, for the most part, the judges will probably uphold the refusal suspension.
The second way to get a license back is if someone can be found not guilty prior to the refusal suspension ending. 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. A Dedham first offense OUI lawyer could help individuals challenge their license suspension.Building an OUI Defense
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.