What documents should the police department provide you when you are arrested for OUI in Massachusetts?
Many times after an arrest, an individual will ask an initial appointment with an OUI lawyer in Massachusetts, what is the significance of the documents that the police department provided. Let me explain the type of documents you likely received:
- First, you probably received a blue form that is your bail slip. If it was your first OUI offense, you were likely released on your promise to appear in court for an arraignment, which typically will be the next date or the upcoming Monday if a weekend arrest.
- A second form you may have received is the citation. In any OUI arrest, a police officer is required to issue a citation, which is similar to a traffic ticket. The difference is that this ticket cannot be paid as it is part of a criminal charge. However, Massachusetts General Laws Chapter 90 Section 24, which governs OUI offenses, provides for the potential of dismissal of the case for noncompliance with the citation component of the law.
- A third form you may have received is documents of your breath test results or a document showing you refused the test.
- The Fourth and final form is a notice of license suspension. This notice will inform you of either a 30 day license suspension for a breath test failure or a 180 day or great suspension for a breath test refusal and advise you of the process to appeal that suspension.
What documents you will NOT be given?
You will not be given a copy of the police report after your arrest and nor should you try to obtain a copy the next day. You will not be able to receive the police report until the first court date, the arraignment date. If your case is scheduled for a summons arraignment, which occurs if you were brought to the hospital, your lawyer may be able to obtain a copy of the police report sooner. You should not spend time trying to obtain a copy of the police report prior to court.
If you have any questions about OUI laws in Massachusetts, about the court process or the potential defenses to your case, I invite you to Download my Free Book, Understanding Massachusetts Drunk driving Laws
Look through the OUI video section of my website where I try to answer common questions
You may also call me at 781-686-5924 or 508-455-4755 if you have questions.