Dedham OUI Prosecution
Following an arrest for an OUI offense, as you begin to mount your defense, the prosecution may be building their case at the same time. Dedham vigorously prosecutes OUI cases. The Dedham OUI prosecution has a lot of cases and takes these cases seriously. Prosecutors attempt to prosecute these offenses to the best of their abilities. That is why it is important for you to consult a qualified OUI lawyer. Speak with a skilled attorney that could build a solid offense for you.Elements the Prosecution Must Prove
The Dedham OUI prosecution must prove three elements of an OUI offense. They must prove each one of those elements beyond a reasonable doubt. The first element is operation. The prosecutor must show that the person operated the vehicle. This can include any mechanical function of the car such as turning on the car or moving the car to satisfy that element. For the second element, the prosecution must show a public way that an individual was driving and on a road, the public can access. The third element is that while the person operated the vehicle, they were under the influence of alcohol. The prosecutor can show that someone was under the influence by the per se prong, a breath test of 0.08 or above, or by observations of the officer that alcohol diminished the individual's ability to safely operate a motor vehicle.Evidence in Dedham OUI Cases
The most common evidence presented by the Dedham OUI prosecution is the testimony of the officer. Sometimes, there are witness statements, 911 calls, incriminating statements made by the person who was arrested, alcohol found within the vehicle, receipts showing that someone purchased alcohol, and video evidence from the cruiser or the booking area.Trends in the Prosecution of an OUI Case
One trend in OUI cases is that the prosecutors vigorously prosecute the case. An additional trend is that more police departments can get booking video that can help the defense in their argument at trial. One more trend is that when somebody is involved in an accident, officers submit immediate threat suspension requests to the RMV which results in the person having an indefinite license suspension.Sentencing for OUI Cases
Most, if not all, OUI trials are jury trials in Dedham District Court. A Dedham OUI case can take up to a year to fully resolve. All sentencing is determined by the judge. After a trial where a person is convicted, both sides can make an argument for whatever sentence they believe is appropriate. The sentence is ultimately determined by the judge. There are some typical sentences handed out in Dedham that can be predicted based on the facts of the case.
After a conviction, a party is entitled to file an appeal when they believe a miscarriage of justice or an error of law was made during the trial. That party can file a notice of appeal in the court.Value of a Dedham OUI Lawyer
Although the Dedham OUI prosecution can be quite vigorous, OUI offenses are still defensible. It is important to speak with a qualified OUI prosecution lawyer because there are a lot of avenues for the defense and many ways to fight for you. Speak with a capable defense lawyer that could fight tirelessly for a positive outcome for you.