Barnstable County DUI Attorney DelSignore Law Home
Orleans OUI Lawyer
If you were arrested for an OUI on the Cape you should hire an Orleans OUI Lawyer to defend you in Court; Attorney DelSignore has represented clients his entire career and has a passion for helping people charged with drunk driving get their life back.
Understand the Court Process and Avoid Unnecessary Anxiety about the ProcessIt is common for those arrested for their first or second OUI to be intimidated by the legal implications that follow the arrest. What happens next? Does your life have to be put on hold? Will you lose your license, and if so, for how long? When will your trial be? Will you have to testify? This informational page is aimed to answer any questions you may have.
BREATH TEST Refusal when can you drive again.What happens if you refused your breath test? You’ll automatically lose your license for six months (if you do not have any prior convictions). You can get your license back if you are found not guilty at trial and the judge approves a motion to reinstate.
Appealing a Breath Test Refusal SuspensionHow can you challenge refusing your breath test in court? You can request a hearing at the Boston Registry of Motor Vehicles (RMV). These hearing are difficult to win but Attorney DelSignore has had many refusal suspensions overturned; most however are denied as it is a difficult legal standard to overturn a refusal suspension.
What happens if you failed your breath test? You’ll automatically lose your license for 30 days, which will be reinstated even if your court case is not closed in court.
How can you challenge your failed breath test in court?Understanding the margin of error of the breathalyzer (the machine assumes everyone is the same, which can skew results), using results the machine produces to show inaccuracy, and proving that you have prior medical conditions which can impact the results.
COURT PROCESS WHEN CHARGED WITH AN OUIAll Court cases start the same way whether a murder trial, rape or an OUI charge; that is with what is called an arraignment, when you are formally notified of the charges against you. In a first or second offense OUI, the arraignment is quick process that generally involves you being released on your promise to appear for your next court date.
First, you will be given an arraignment date. This is the first court hearing where you’ll enter a plea (guilty, not guilty). Terms of bail and release are determined and your pre-trial date is set. It is uncommon for bail to be set on your first or second OUI charge and more likely that you’ll be released on terms of conditions on return for your pretrial conference. After that, you’ll attend your pretrial conference, which sets a date for trial and ensures you have all the information you need to defend your case. Next is the motion hearing. The officer will testify against you at this hearing. There are two ways to challenge the testimony: a motion to suppress evidence and a motion to suppress statements.
- Motion to Suppress Evidence: This is when we claim that the stop the officer made was not based on legal evidence and therefore is in violation of your Constitutional rights under the 4th Amendment (and Article 14 of the Massachusetts State Constitution. This can result in dismissal of your case.
- Motion to Suppress Statements: We’ll claim that your Miranda Rights were violated, which can result in the Commonwealth no longer being able to bring the field sobriety tests or the booking into evidence against you.
What happens at TrialThe trial is where the case is decided by either a judge or a jury. About 50% of our case are decided by the juries and the other 50% by judges. This is a decision Attorney DelSignore spend a lot of time going over with clients.
Massachusetts or the surrounding area, your case will be heard in Orleans District Court. Below are some of the implications of the arrest and next steps you should take.
Where is Orleans District Court?The Orleans District Court is located at
237 Rock Harbor Rd, Orleans, MA 02653
Orleans District Court
If you were arrested by any of the following police departments, your case may be heard in the Orleans District Court: Yarmouth, Sandwich, Barnstable and Orleans, MA
WHAT SHOULD YOU DO NEXT?:If you have been charged with an OUI out of Orleans District Court, call or text Attorney DelSignore at 781-686-5924 for a free consultation or to answer any questions you may have.
For more information on how Attorney DelSignore will defend your case, visit:
