I received a citation for Operating Under the Influence but was not arrested- is there a difference?
Massachusetts OUI citation
If you were not arrested, but received a citation for Operating Under the Influence, you face the same potential penalties
as anyone who has been arrested for the same charge. However, receiving a citation instead of an arrest does have one very important benefit. If you sign the back of the citation and mail it to the court within 4 days, requesting a hearing, you will then receive notice of a hearing date. This hearing, known as a "show cause" or "clerk magistrate's" hearing
, provides you with an opportunity to be heard before a formal criminal complaint/ charge is issued against you. DO NOT GO TO THIS HEARING WITHOUT A LAWYER. You have the right to remain silent, and anything that you say at this hearing can be used against you later if the case is set for prosecution. And, without a lawyer present, you lack the benefit of having an expert speak and ask questions on your behalf, meaning that every word out of your mouth becomes evidence against you.
If you receive a citation for operating under the influence, contact our office for you free initial consultation.
Urbelis Law, LLC
(617) 830- 2188