Drunk Driving Accidents
As a Massachusetts OUI Lawyer, Attorney DelSignore has encountered many OUI cases involving accidents. These cases can be won. In this page, Attorney DelSignore will share some of his top keys to success in defending a case involving a car accident. Do not assume that just because there is an accident you cannot win the case.
A Massachusetts OUI involving a vehicular accident can still be defended at trial. The key is to show that the event was just an accident and was not caused by the motorist being under the influence of alcohol.Some common ways to demonstrate this include, showing that:
- Another driver caused the accident
- The accident was caused by common distractions while driving, including sending a test message, talking on a cell phone, or looking at a GPS.
- In some accidents, the accident can be established as a simple mistake in driving.
- Being tired can be used to justify an accident.
What happens to your license after an OUI accident, does it get suspended?
In some OUI accidents, when you are rushed to the hospital, the arresting police department may file a notice with the Registry of Motor Vehicles requesting that your license be suspended indefinitely as a result of the accident.
The suspension will claim that given the accident, your continued driving poses an immediate threat to the public. This suspension would last until the OUI case is resolved, but it can be appealed to the Board of Appeals and if overturned would allow for a shorter suspension period.
Accidents cases often involve blood tests from either the State police or hospital
One Important thing to understand if you have an accident case is that your lawyer will have to understand how to exclude or challenge a blood test. Attorney DelSignore has had numerous training and understands the science of blood testing and covers that in this website.
- With an OUI accident case when you go to the hospital, you will often receive a Clerk Magistrate hearing which is a chance for you to avoid being charged with OUI if you request a hearing by sending in the citation.
- You will often receive a license suspension for immediate threat; make sure to appeal this immediately to the Board of Appeals.
- A hospital test of your blood is not an accurate test and can be excluded from evidence if you fight the case in court.
OUI 1st Charge Following a One-Car Accident: Client Found Not Guilty
In this case, the client was involved in a one-car accident and was subsequently arrested by the Massachusetts State Police; the state trooper alleged that the defendant had slurred speech, was unsteady on his feet, and had open containers of alcohol in his vehicle. At trial, Attorney DelSignore was able to exemplify that the defendant had just been involved in a car accident when ordered to perform the field sobriety tests that he allegedly “failed”. During trial, it was argued that the defendant’s issues on the field sobriety tests were not related to his being under the influence, but rather from the injuries he suffered from being in a car accident prior. Given the possibility that the defendant easily could have been startled and unsteady following the accident, the judge found him not guilty after trial.
One Car Accident OUI often have a lack of evidence of impairment and no field sobriety tests
A Massachusetts OUI charge involving a one-car accident can often be a very defensible case, as often there is no witness to testify about the cause of the accident. Without any witness’ as to the cause of the accident, the police will be forced to rely on observation evidence, such as manner of speech and odor of alcohol.
Often, field sobriety tests will not be conducted, or even if given, are less reliable given that the officer will have to acknowledge that the accident could have impacted performance on the field exercises. Often, OUI accident cases in Massachusetts can be difficult cases for the Commonwealth to prove and therefore result in a not guilty verdict at trial.
DUI accidents sometimes involve the Commonwealth attempting to offer your hospital medical records as to your blood alcohol level into evidence to prove that you were above the legal limit of.08.OUI Serious Bodily Injury
Massachusetts OUI law imposes severe penalties for anyone found guilty of driving under the influence of alcohol, causing serious bodily injury.
Massachusetts General Laws Chapter 90 Section 24L, sets forth the definition of serious bodily injury as an injury that creates a substantial risk of death or permanent disability.
An OUI serious bodily injury conviction carries with it the potential penalty of:
- State prison for not less than 2.5 years nor more than ten years; or by imprisonment in the house of correction, if the case remains in district court for not less than six months and not more than 2.5 years.
- Additionally, the statute imposes a mandatory two-year loss of driver's license following any first offense conviction.
An OUI Motor Vehicle Homicide case carries with it the following potential penalties:
- State prison for not less than 2.5 years or more than 15 years; if the case remains in the district court not less than one year house of correction or more than 2.5 years.
- Upon conviction of motor vehicle homicide, the Registry of Motor Vehicles will impose a 15-year loss of license.
Attorney DelSignore is an experienced Massachusetts OUI lawyer who frequently works with clients who have been involved in devastating accidents. He understands the stress and the uncertainty you might be feeling. He is available, 7 days a week, to explain to you the court process and to inform you of any steps you should be taking. Contact us today .
To read more about potential license consequences you may face after being involved in an accident, visit our website to learn about the immediate threat suspension .
If you have been charged with OUI serious bodily injury - feel free to visit our website to learn more. On our website, you will find a detailed explanation of the crime along with tips on what you should do next.