Walpole, Massachusetts OUI Lawyer
Being arrested or charged with OUI in Walpole Massachusetts does not mean you cannot win the case or will be found guilty. Massachusetts refers to a drunk driving charge as an OUI; some people have heard of it as a DUI or DWI, but it means the same thing that you were charged with driving after having too much to drink.
For you to be convicted of a DUI, the Police Officer and State must be able to prove their case of drunk driving beyond a reasonable doubt.
The standard the Commonwealth has to satisfy for a conviction is substantially higher than what a police officer needs to arrest you. While it is understandable to be angry over being arrested, many drunk driving cases result in a not guilty verdict at trial as a result of the higher level of proof needed for a conviction.Why is it so difficult to prove an OUI beyond a reasonable doubt?
An OUI charge is a crime of opinion; the officer observations are all geared toward justifying one opinion, that you were under the influence of alcohol. But there are many other causes of the officers observations:
Take for example a common comment in police reports that your eyes were bloodshot and glassy: Officers rarely ask if you were tired or how long you were up. Eyes can be red and glassy for reasons other than alcohol.
Another example is when the officer claims someone’s speech is slurred. Someone’s speech can be impacted by being nervous and stress. You probably have heard people hesitate, pause and be delayed in their speech when they are nervous. It is very common. But the officer will try to attribute this to alcohol.
Michael DelSignore frequently and aggressively practices numerous methods for attacking the Arresting Officer’s Police Report and each element of the State’s case, examples include: Motion to Dismiss, Motion to Suppress and motions to exclude Breathalyzer Test results.Be Careful when reading your police report:
most people who never only read their own OUI report think it is awful and the case cannot be won. There are many positive points in most police reports that are favorable to the defense. The officer never writes them; I am looking for what is missing from the report. Based on what is missing I can anticipate how the officer will answer my questions on the witness stand.Will the Walpole police department have video of my arrest?
The Walpole police generally record the booking; however, there is typically no sound on the video. It still be be useful to obtain this video to show how you appeared and what your balance was like during the booking process. Since you are typically only on the side of the road for a short time, your balance at booking is highly relevant to whether you were under the influence of alcohol.
When reading your police report for the first time, it is important to have the perspective of an experienced lawyer to help you understand what the important observations of the officer are, what parts of the police report assist your defense and how your defense will be prepared at trial. You should speak to an experienced DUI lawyer in Walpole, Massachusetts before making any decision as to whether to seek a trial or resolve your charge of DUI. Contact us and schedule a Free Consultation today: 781-686-5924
Attorney DelSignore is an experienced and relentless Walpole drunk driving defense lawyer who will methodically attack the State’s case to obtain a not guilty verdict on your Massachusetts OUI charge. Attorney DelSignore also defends charges of Second and Third Offense OUI charges and has successfully defended cases involving those with prior OUI convictions.
Walpole DUI arrests and charges are tried in The District Court in Wrentham located at 60 East Street Wrentham, Massachusetts. If your case is scheduled for arraignment or pretrial, your case will be heard in the first session of the court on the first floor; if you have a trial scheduled, your case will be heard in the trial session on the second floor of the Wrentham District Court.
If you have been arrested and charged with a Massachusetts DUI, it is imperative that you contact an experienced, resourceful, and aggressive defense attorney to protect you throughout the legal process. Massachusetts criminal defense lawyer Michael DelSignore has spent years defending clients against DUI, DWI and OUI charges throughout Massachusetts.
Call or text now for a Free consultation: 781-686-5924.