Dedham Third Offense OUI Lawyer
An OUI third offense is a serious offense, with serious consequences. Often, the courts are less lenient because the individual is a repeat offender. However, with the help of a skilled OUI attorney, can help. Your Dedham third offense OUI lawyer could examine the facts of your current case and previous cases, look for mitigating circumstances, and present them to the court. Work with a qualified OUI lawyer and know that you are in capable hands.Building a Defense
The defenses for a third offense are the same as they are for a first or second OUI offense. The difference with a third offense is that the Dedham third offense OUI lawyer has to challenge the prior convictions, in order to get it reduced from a third to a second offense.
In terms of the prior convictions, attorneys may look into those to determine why the defendant pled to these older cases. If it is a recent case, attorneys might be able to reopen the case if there is a breath test, given all of the litigation surrounding breath tests that are currently going on.Penalties for a Third Offense
Third offenses are heard in the Dedham District Court. For a third offense penalty, the person is looking at a mandatory six-month jail sentence and an eight-year license loss. The minimum is six months with 150 days to serve. The person could be sent up to two and a half years in the House of Corrections. On a third offense, many judges will probably sentence the person to around the minimum, depending on when the prior offenses happened, the severity, whether there was an accident, and whether there is a victim involved.
In some cases, though, the government will agree to reduce the third offense to a second offense. If they do this, this saves the defendant jail time. However, the person will still have to do the 14-day inpatient program, but the license loss will still be the eight years as if it was a third offense because the registry is going to count the number of offenses the person has in their lifetime. A skilled Dedham third offense OUI lawyer could attempt to mitigate the penalties that an individual may face.Aggravating Factors
If car accident happens as a result of the person’s impaired driving, that is going to be an aggravating factor. If there is an injury to a victim or civilian witnesses, those are also aggravating factors. Certainly, if someone comes in and says the person was all over the road and testifies, that may change how the judge will look at the sentencing. The more people that are involved in the case and the bigger impact it had on the community, that is going to affect the sentencing.
If an officer arrests someone for speeding, the person could get a lesser sentence than if they crash with someone else or if there are other people on the road, because those people potentially could appear at sentencing and speak. If the alleged victim in the accident speaks, the judge is going to consider their input and it is not going to help a defendant looking for a minimum sentence.What Happens to a Person’s License After a Third Offense OUI?
If it is a third offense and the person refuses, it is a five-year license loss. If the person takes the breath test and fails, it is still a 30-day license loss for the refusal. If there is an accident, it is possible the person will get an immediate threat of suspension as well but, typically, it will either be a five-year loss for refusal or 30 days if they took a breath test. The process of challenging the suspension of a license is the same, even for a third offense.Importance of Working With a Dedham Third Offense OUI Attorney
On a third offense, you are going to have to take the case to trial, so it is important to work with someone that knows the intricacies of that court. However, it is important to not just pick a lawyer based on geography.
Locality is a plus factor, but you should also pick an attorney that is going to present the case best to a jury because the jury is going to decide the outcome of your case. You should look for someone who has a list of trials and recent court successes.
If you have been charged with a third offense OUI, you may feel nervous and like you have no idea what is going to happen to your case. A Dedham third offense OUI lawyer could present your story and fight for the best possible outcome for you.