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.Constitutional Issues in Dedham OUI Cases
Constitutional issues in Dedham OUI cases often include search issues from the Fourth Amendment. Issues could cover laws with respect to search and seizure, typically when police search the defendant and the defendant’s vehicle. The protections for Miranda rights could also be implicated.
The person has a right to remain silent if they are in custody and being interrogated. Distinguished OUI attorneys can help you navigate your interactions with law enforcement.Common Constitutional Issues in Dedham OUI Cases
Fifth Amendment rights against self-incrimination can also arise in OUI cases. A person has certain rights that are provided when the individual in custody and prior to being interrogated. In Massachusetts law, typically courts have held that roadside questions do not require the officers to provide Miranda warnings.
The person's rights are not implicated at that point. When a police officer stops somebody under suspicion of OUI, however, there are times that those rights could become implicated. If officers are looking for evidence against the defendant, they will likely be asking investigatory questions.What is the Impact a Constitutional Issue on an OUI Case
Constitutional issues in Dedham OUI cases impact how an attorneymightabout defending the case. If an attorney notices violations of certain constitutional rights, that allows the attorney to file and argue motions to suppress evidence. Suppressed evidence may include statements made to the police officer or any alcohol found in the car that might have been seized by the police officer. That evidence might be inadmissible at trial because it was a violation of the driver’s rights.Fourth Amendment Protections
The Fourth Amendment is a person’s right to be secure on their person, vehicle or home. Without a search warrant, police cannot search those areas that are implicated in the Fourth Amendment. There are exceptions, and one commonly used in OUI cases is the inventory search of the person's vehicle. If a person’s Fourth Amendment rights have been violated, or if a person or vehicle has been searched without a warrant..What Does Search and Seizure Mean?
Legally, search refers to searching either the person or the vehicle or property; seizure is the actual stop of the person. Any search without a warrant, or not predicated on probable cause, is per se unreasonable. The Commonwealth has the burden to show that there is an exception to the warrant requirement anytime there is a search.What is a Warrantless Search?
A warrantless search is any search in which the police officers do not have a warrant. Again, these are per se unreasonable. However, there are some exceptions to that presumption. It is the Commonwealth’s burden to show that an exception to that requirement exists at the time of the search.Requirements for Proving Constitutional Searches
The officer would need to show a warrant or would need to show that their search was an exception to the warrant requirement. That can be shown by a valid inventory search.
The officer would have to show that they are taking the car, that it is being placed in custody, and that they have a valid inventory policy in place that would allow them to search the vehicle.
They may do this to make sure to protect themselves against claims by the owner of the vehicle that valuables were taken and to make sure that there is nothing hazardous or dangerous in the vehicle.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.