Don't be afraid to FIGHT YOUR CASE and go to Trial- Massachusetts

Rule #1: NEVER PLEAD GUILTY without first speaking to a top Massachusetts drunk driving defense attorney. OUI/DUI/DWI cases often present a lot of complicated issues that only a specialized lawyer in the field can analyze properly. There might be technical errors in the police report or other paperwork which could lead to a dismissal before the case even reaches the jury. Your case might present issues with which I can impeach the credibility of the prosecution's witnesses, including police officers, if we take the case to trial. You will not truly know the strengths and weaknesses of your case until you speak to an experience attorney with proven success in defending OUI/DUI/DWI cases.

Just by reading the police report, I can provide you my expert opinion on whether your case is worth fighting. I will explain every option you have, different ways to defend your case, your chances of success, and the different penalties you could face. I will PROVIDE A VERY ACCURATE analysis of your chances of winning, if you choose to fight the case.

In addition to our success at trying this type of case, here are just some of the reasons it makes sense to fight an OUI/DUI and take it to trial:

• The #1 reason to fight is a case is the inherent problems with OUI investigations.
• You are PRESUMED INNOCENT. That means that you do not have to testify, and the prosecution cannot ask you to testify. It is the prosecution's job to prove each element of the charge against you, beyond a reasonable doubt. If they fail to prove just one element, you are entitled to a "Not Guilty" verdict.
  
• If the police did not have a legally sufficient reason to stop your car, then your whole case may be dismissed.
• Police Officers are trained with a Massachusetts State Police manual on how to conduct OUI investigations. I will obtain a copy of the specific manual used to train the arresting officer in your case, and often times the officer did not comply with certain procedures that are required. This makes for a strong case.
• If you refused the field sobriety tests, the police officer cannot even mention anything about this at trial; either that you were asked to perform the tests, or that you refused. It is inadmissible.
• The field sobriety tests set you up for failure.
• If you refused the breath test, the police officer cannot even mention anything about this at trial; either that you were asked to perform the tests, or that you refused. It is inadmissible.
• I routinely cross-examine officers at trial and get them to admit to various other reasons that you were unable to satisfactorily perform the field sobriety tests which create reasonable doubt and often lead to a NOT GUILTY verdict.
• If you win the case, you avoid the very significant costs and hardships associated with OUI Penalties as well as unanticipated hikes in your car insurance. (An OUI in Massachusetts will likely raise your insurance rate five points!)
• If you win the case, you will have a clean record that will not affect your employment, education, or travel. (Even Canada now refuses to allow U.S. citizens into the country with an OUI/DUI/DWI conviction!)
• If you plead guilty, or even receive a CWOF, it will always be on your record. If you get pulled over 40 years from now and are arrested for OUI/DUI/DWI, you will be charged with a second offense, facing much harsher penalties, including the Interlock Ignition Device requirement.
• Massachusetts drunk driving laws are getting stricter all the time. People who pled to an OUI-2nd offense thirty years ago never would have guessed that now, in 2010, when their license comes up for reinstatement they will be required to install an interlock ignition device. These laws are usually retroactive, with an unlimited look-back period, so there could be unintended consequences of your CWOF or guilty plea/verdict thirty years from now!

Contact my office if you've been charged with a Massachusetts OUI or any other criminal offense. I am available 24 hours a day, 7 days a week, for your free initial phone consultation.

50 Milk St 16th Floor
Boston, MA 02109
Phone: (617) 830-2188