Provincetown OUI Lawyer

Attorney Michael DelSignore can help you if you are arrested by the Providencetown Police Department and your case is going to be heard in the Orleans District Court. The Providencetown Police can be very aggressive in enforcing OUI laws. Keep in mind when you face an OUI charge, it is easy to get arrested by the Providencetown Police Department, it is a much higher standard of proof beyond a reasonable doubt to get a conviction. To prove an OUI charge beyond a reasonable doubt the Commonwealth must satisfy the highest burden of proof to a near moral certitude.

• If you took a breath test and were over .08, you can get your full license back in 30 days; this is true regardless of whether you face a 1st or 2nd Offense OUI.
• If you refuse a breath test, it is a 180 day license suspension for a 1st offense OUI.
• Important note if you refused a breath test on a 1st offense: Attorney DelSignore would recommend not appealing the refusal suspension as the RMV is likely to take out an additional suspension against you if you appeal called an immediate threat license suspension.

In some case, drivers leaving Provincetown can be discriminated against and targeted by police either in Provincetown or other towns on Cape Code or leaving the cape. It is important to know that as your lawyer Attorney Michael DelSignore can stand up for you and enforce the rights that are guaranteed to you under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights.

One method to defend an OUI charge is to challenge the legal basis of the stop. In Massachusetts, the police need reasonable suspicion of criminal activity in order to make a traffic stop. Just because the officer says in a police report that he or she had a basis to stop you and gives a citation does not mean that the stop was valid. Attorney DelSignore has won many OUI cases by fighting for his client’s Constitutional rights to be free of an illegal seizure.

An unlawful traffic stop is an illegal seizure that can be challenged in court with what is known as a motion to suppress hearing.

In addition to challenging the legal basis of the stop, OUI cases can be won in court. Attorney DelSignore will explains his approach to winning cases with breath test evidence and blood test results.

The breath test in Massachusetts has had numerous problems over the years that can impact the accuracy of the results.

There have been several problems with the accuracy and reliability of breath test results. Many people who are arrested for OUI wrongly assume that there is no way to win an OUI case if they took a breath test. In fact, breath test evidence does not always get used in court. As a Provincetown OUI Lawyer, I can attempt to exclude the evidence from being used in court. There are many procedures that officers are required to follow prior to a breath test being allowed to be used in court. Frequently, when I have a hearing to contest the admissibility of breath test results, I will be able to have a judge issue an order that the breath test is inadmissible in someone’s case. This means that the Commonwealth will not be able to present the breath test evidence when presenting its case. Do not assume that your breath test results are accurate, able to be used in court without speaking to a lawyer familiar with the flaws in breath testing.

Call or text Attorney DelSignore at 781-686-5924.