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Do I Have to Testify if My Massachusetts OUI Charge Goes to Trial?

Many people charged with a first offense Massachusetts OUI charge wonder whether they will have to testify if the case goes to trial. You are under no obligation to testify at trial and in many cases it is a better strategy for your not to testify.

Under the Fifth Amendment to the United States Constitution, an individual charged with OUI or any criminal offense has a Constitutional right to remain silent. The jury cannot use your failure to testify against you.

There are many reasons why is often in your best interest not to testify.

  1. Often a defendant may have very little to add to the defense. The disagreement is not with the officer's observations but the conclusion drawn from those observations.
  2. In some cases, you may harm the defense by putting forth additional facts that were not known to the officer, not contained in the police report and would only come into evidence though your testimony.
  3. Some people may not have good communication skills and may get nervous speaking before a jury.
  4. When a defendant testifies, it shifts the focus of the jury from the Commonwealth's case to an evaluation of your credibility.

I have won numerous cases where my client has never testified and in fact in the vast majority of my DUI trials, my client never testifies. While some attorneys claim that the jury wants to hear from a client charged with drunk driving, I do not believe this is accurate and in most cases will not recommend my client testifying at trial.

If you have any questions regarding whether you should testify at your Massachusetts OUI trial, feel free to call me at 781-686-5924 or 508-455-4755 and I would be happy to discuss this issue with you.

Client Reviews
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire