Attorney Offices by Municipality
- Acton
- Eleanor Hertzberg:
A criminal conviction can change your insurance rates for driving and
other coverages; it can, in sex charges, for example, require you to
register in every state you live in; it can affect your professional
licensing, your education loans, your financial ratings, and even reach
into custody and divorce matters.
- Andover
- Linda Cummings: ou should consult an attorney for individual advice regarding your own situation.
- Attleboro
- Theodore Koban:
Contrary to what some believe, Massachusetts has not yet outlawed
drinking and driving. It is illegal, and irresponsible, to operate a
motor vehicle on a public road when your ability to drive safely has
been impaired by too much alcohol. Often the real question regarding
someone who has been arrested for "operating under" is whether they
were actually impaired at the time they were operating their vehicle.
Police officers have an obligation to arrest anyone they think may,
even remotely, be driving their car while impaired. It is up to a jury
to make a final decision based upon evidence adduced in court to
determine whether an offense has occurred.
- Attleboro Falls
- Pollis & Duggin:
When someone you love, such as a spouse or a child, gets into trouble with the law, you need a legal advocate to protect their rights.
- Bathesda
- Solomon, Malech & Cohen:
Being charged with a crime is stressful, and having an experienced
lawyer to provide legal representation in the initial stages of a
criminal case is critical.
- Belmont
- William Brownsberger:
You face criminal charges. You want an experienced attorney who specializes in criminal law and can provide high quality and effective representation.
- Beverly
- Joseph Waldbaum:
Under the new Massachusetts law, an OUI can now follow you the rest of
your life. Due to these increasingly complex laws, OUI defense has
become a specialty.
- Blackstone
- Daniel Doyle: You should consult an attorney for individual advice regarding your own situation.
- Boston
Boston
Boston
Boston
Boston
Boston
- Braintree
- Brighton
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Dean Barbera:
| Things You Should Know: |
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Law enforcement is not perfect and sometimes make mistakes.
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Mistakes made by law enforcement may lead to a dismissal.
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Sometimes compromise is the right decision.
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You may be eligible for a hardship license even if your license has been suspended.
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- Brockton
- Cambridge
- Cape Cod
- Barrow, Harrison:
If you have been charged with OUI in Massachusetts, you should know your options. You could lose money, your license, and even serve jail time
- Charles
- Vakili & Associates:
Almost all trials in drunk driving cases take place in district court
where you have a right to have a trial in front of a jury of 6 or a
trial in front of a judge. Hopefully you win at the trial and don't
have to go on to the next stage.
- Chesea
- Spada & Zullo:
Many clients have never before been charged with a crime. They face,
for the first time in their lives, the possibility of jail time and/or
substantial fines. In addition to the possible incarceration and fines,
there can be a stigma attached to being convicted of a crime. For
example, upon conviction of a felony, an individual may lose many of
his or her rights, including the right to vote and the right to own a
gun. It is easy to see how one mistake can taint the rest of a person's
life.
- Cohasset
- Ivimey, Stuart:
Massachusetts OUI/DUI Law
In Massachusetts OUI is commonly known as “operating under the influence” of alcohol, “drunk driving”, “driving under the influence”, “driving while intoxicated”, etc.
Massachusetts OUI is commonly known as “operating under the influence” of alcohol, “drunk driving”, “driving under the influence”, “driving while intoxicated”, etc.
First Offense Penalty
* Jail: Not more than 2 1/2 years House of Correction
* Fine: $500-$5,000
* License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months
Alternative Disposition (1st Offense OUI) - Called the “24D” Program
* Plead to Continuance without a Finding also known as a “CWOF” is not a guilty plea; however, your penalty will likely be the same as if you tried the case and lost.
* You will pay several fines and fees – costing you thousands of dollars.
* Your car insurance will greatly increase.
* One year of probation, which you will also pay for.
* Mandatory participation in 16 week (1 hour) alcohol-drug education program paid, which you’ll also pay for.
* Drivers license will be suspended up to 90 days (plus any penalty for refusing to take the breathalyzer test). If you’re under 21 years old then your license will be suspended for 210 days.
* Can apply for a hardship license right away, in most cases.
Second Offense OUI Law Penalty
* 60 days jail time (30 day mandatory), not more then 2 1/2 years
* Fine up to $10,000
* Your Drivers license suspension for 2 years. You’re eligible for a hardship license for work or school (only) one year; otherwise, you can’t seek a hardship license hardship license for 18 months. (If you refused to take the breath test or you failed it (.08 or higher) then you cannot receive a hardship license or full license restoration for three years.
* You must install an interlocking device in your car for two years. You must pay for the device and its installation cost.
Alternative Disposition (2nd Offense OUI)
* Probation – two years – you must pay a monthly fee.
* Inpatient alcohol treatment, which you must pay for.
* Two years suspended license; however you’ll be eligible to apply for an education / work hardship license after one year. You’ll have to wait 18 months to apply for a general hardship license.
* You must install an interlocking device in your car for two years. You must pay for the device and its installation cost.
* You may be eligible for a 24D disposition if a prior OUI was more than ten years ago – in which case you will incur the same penalties as if it was a first time OUI. Note however that the Registry of Motor Vehicles will not treat the second OUI as a first offense; instead, it will treat the offense a second OUI.
Third Offense OUI Law Penalty
* Jail - No less than 180 days and must serve 150 days of the 180 up to 5 years State Prison. A third offense OUI may be considered a felony for purposes of punishment.
* You may serve the sentence at a prison drug/alcohol treatment program.
* Fine up to $15,000
* License suspension - 8 years, but you may apply for a work/education hardship after two years; otherwise you’ll need to wait four years for a general hardship license.
Fourth Offense OUI Law Penalty
* Jail – two years, which you must serve at least one year up to five years. A fourth offense OUI may be considered a felony for purposes of punishment.
* Fine – up to $25,000
* License suspension – ten years, but you may apply for a work/education hardship after five years; otherwise you’ll need to wait eight years for a general hardship license.
* The Commonwealth of Massachusetts can seize and keep your car.
* You must install an interlocking device in your car. You must pay for the device and its installation cost.
Fifth Offense OUI Law Penalty
* Jail: Two and a half years, which you must serve at least two years up to five years. A fifth offense OUI may be considered a felony for purposes of punishment.
* Fine – up to $50,000
* Your drivers license will be revoked for life. You cannot apply for a hardship license, ever, if you'r convicted for a fifth offense OUI.
- Concord
- Danvers
- Chambers & Booth:
Massachusetts has some of the toughest drunk driving laws in the nation. In July, 2003 the Commonwealth lowered its legal blood alcohol level to .08, increased the penalties for drunk driving offenses and stepped up enforcement on the roadways.
Even then, many first-time offenders were still able to receive an "alternative disposition” (mandatory drug or alcohol education programs) that allowed them to keep their license and reduce the consequences of a conviction. On October 28, 2005, Melanie's Law was enacted creating strict minimum sentences for 1st, 2nd and 3rd time oui / dwi offenders.
No longer are individuals able to appear in court and receive a less severe sentence for a first or simple OUI offense. If you have been charged with drunk driving / OUI / DWI you face a serious criminal charge. It is absolutely critical that you have an experienced and effective attorney fighting for your rights and for your license. What You Should Do If Law Enforcement Stops or Arrests You.
In Massachusetts, prosecutors take OUI charges very seriously and they have multiple ways to prove their case against you. A state prosecutor can (1) show proof that your blood alcohol level exceeded the legal limit or (2) he or she can show that you were impaired while driving.
- Dedham
- East Falmouth
- O'Regan & O'Regan: Sometimes people get into trouble. It can be a simple matter of being at the wrong place at the wrong time.
- Easthampton
- Joseph
Chancellor: DUI/DWI - If you have been cited for DUI/DWI, you should
know that the law gives serious consequences upon conviction. And these
punishments drunk driving are even more severe for repeat offenders. A
DUI sentence may require you to pay a substantial fine, serve some time
in jail, or both. In addition to any fines or jail time, your driver's
license may be suspended, even if it is your first offense. You will
have to find alternate transportation and go through considerable
effort to regain your driving privileges after a drunk driving
conviction. To add insult to injury, many insurance companies will drop
your motor vehicle coverage if you get a DUI. The companies that will
insure you will only do so at a greatly increased premium. It is easy
to see how important it is to protect your rights - and to do that, you
need a lawyer who will work to stop these consequences from becoming
reality.
- Duxbury
- Collen Carroll:
Most OUI, (operating while under the influence of intoxicating liquor)
cases begin with a stop of a motor vehicle by a police officer.
In most cases, once the officer has stopped your vehicle, he/she has
already made the decision to arrest you, regardless of what you say or
your performance of any field sobriety tests.
- Fall River
- Kenneth Van Collen:
When defending a criminal case, whether the charge is driving under the
influence or a simple assault, it is absolutely imperative the
prosecutor understands that the defense attorney has the skills
necessary to go to trial.
- Flamouth
- Brown & Barbosa: You should consult an attorney for individual advice reguarding your own situation.
- Framingham
- Franklin
- Hopkinton
- Earl Titlebaum:
Another area in which it is essential to be well represented is
OUI/DUI/DWI defense. A drunk driving charge can put you in jail. Even
if it doesnt, you could lose your drivers licenseand your access to
work. Make sure you talk to a defense lawyer as soon as you are
arrested so you dont miss the deadline for your drivers license
suspension or revocation hearing.
- Haverhill
- Leominster
- Roncone Law Offices:
Many aspects of criminal law focus on the rights of the criminal.
However, recent attention has been focused on the rights of the victims
of crimes, who often suffer great emotional, if not physical, injuries
at the hands of the criminal. All fifty states and the federal
government now have laws that protect victims. In many states, a victim
is considered to be the person who directly suffers the effects of the
crimes (such as the person who is murdered) and immediate family
members who suffer the secondary effects of the crime (such as the loss
of a loved one).
- Lexington
- Rubin, Weisman, Colasanti, Kajko & Stein:
f you have been arrested, charged with a crime under the laws of Massachusetts or federal law, or are under investigation for a criminal offense, you need and deserve a criminal defense lawyer with the skill and experience to provide strong representation and sound counsel.
- George Foote:
In today's legal environment, matching your needs with the correct firm
is crucial to the successful outcome of your legal matters. Like so
many other areas, in law, the pace of change can be overwhelming.
- Lowell
- Lynn
- Malden
- Lewin & Lewin:
OUI / DUI drunk driving penalties grow harsher with each passing year, if for no other reason, than passing "tougher" drunk driving laws is an easy way for legislators to gain political capital with their constituents. As a result, a person convicted on a first offense for OUI / DUI may now face a maximum two-and-a-half year jail term, $5,000 fine, and one-year loss of their license.
- Marlborough
- Stephen Morte:
Examples of the types of cases... ...Operating under the influence of alcohol cases.
- Medford
- Methuen
- Difruscia Law Offices:
# Drunk Driving (OUI-DUI-DWI)
# Drug Crimes (possession and distribution): including marijuana, cocaine, club drugs, crystal meth, prescription drugs and other narcotics
# Sex Crimes: including sexual assault (rape), pornography, solicitation and prostitution
# Theft Crimes: including white collar crime, shoplifting, larceny and fraud
# Assaults and Violent Crimes: including sexual assault (rape), physical assault and assault with a weapon
# Domestic Violence: including criminal charges as well as family court restraining orders
- Middleborough
- Studley Law Offices:
Charged with operating a vehicle while under the influence of alcohol?
The consequences are severe if you're found guilty of DWI in
Massachusetts.
- Milford
- John Fernandes: If there were no bad people, there would be no good lawyers.
- DeCapua Lawfirm:
The Commonwealth must prove beyond a reasonable doubt that the
defendant operated a motor vehicle on a public way (or a way to which
the public has a right of access) while under the influence of
intoxicating liquor. The Commonwealth does not have to prove that you
were drunk. Rather, they must show, once again beyond a reasonable
doubt, that you possessed a diminished capacity to operate your car.
- Milton
- New Bedford
- Jason Gates:
Regardless of how minor a criminal violation may appear, an arrest and conviction on criminal charges can result in serious consequences. Since DUI convictions and many misdemeanor offenses involve some jail time, people convicted of minor charges often face the loss of their job, driving privileges, federal or state assistance, and other benefits and rights.
- Needham
- Newton
- Gillis & Bikofsky:
An arrest alone is embarrassing and damaging enough to your personal and professional reputation. A conviction is obviously that much worse. What matters now is limiting that damage in any way possible.
- Sanford Furman:
In one notable 1980 case, Ohio vs. Roberts, the Court held that a
statement given by an accomplice, who is not present or available to
testify in person, may be admitted in trial if the judge considers the
statement to have "adequate indicia of reliability." Roberts ruled such
statements reliable if, among other bases for reliability, they
contained "particularized guarantees of trustworthiness." Through this
"trustworthy" test, judges were given broad discretion regarding the
admissibility of certain out-of-court statements. Due to this expanded
discretion, however, some experts viewed the Roberts decision as a
deviation from the rights guaranteed by the Sixth Amendment,
specifically, the victim's right to "confront" accusers.
- Northampton
- Norwell
- North Adams
- Donovan & O'Connor:
CRIMINAL CHARGES, including operating under the influence of alcohol, traffic violations and drug-related offenses.
- North Andover
- McCarty, Kathleen:
If you are convicted in Massachusetts of a DUI, OUI or DWI crime, your life could be changed forever. You need a Massachusetts DUI/OUI/DWI drunk driving lawyer who is experienced, aggressive and will fight for you at every step of the way. Massachusetts is known for having the toughest DUI/OUI/DWI laws in the nation, and prosecutors take this crime very seriously.
- John
Burke: Have you beenarrested for Drunk Driving in Massachusetts? If so,
you need an experienced lawyer who is capable of defending your case at
trial, if necessary, and helping youwith the Registry of Motor Vehicles.
- Orleans
- Michael Zawadzkas:
There are a wide range of field sobriety tests (FSTs), "including
heel-to-toe, finger to nose, one leg stand, alphabet recitation,
modified position of attention. You are not legally required to take
any FSTs. The reality is that officers have usually made up their minds
to arrest when they give the FSTs; the tests are simply additional
evidence which the suspect 'inevitable "fails"; Thus, in most cases a
polite refusal may be appropriate.
- Peabody
- Mitchel Walman:
If you have been charged with a operating under the influence of
alcohol, the most important move you make is consulting a competent
attorney. Don`t take a chance with your future. A knowledgeable
attorney can make a huge difference in the final outcome of your case.
- Pembroke
- Plymouth
- Quincy
- Revere
- Armano
& Lepore: What we commonly call “drunk driving” actually is known
by many other names, including driving under the influence (DUI) and
driving while intoxicated (DWI). In Massachusetts, it is officially
known as “operating under the influence (OUI)”. One thing is for sure,
drunk driving is a very serious offense, that can have long lasting
implications on your personal and professional life.
- Rockland
- Roslindale
- Guiney, Thomas:
Traffic Crimes
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.
Driver’s License Revocation
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.
Driving Under the Influence
DUI stands for Driving Under the Influence (it is also commonly referred to as OUI, which stands for Operating Under the Influence) and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their Blood Alcohol Content (BAC) is above the legal limit. In Massachusetts, a BAC of .08 or above creates a presumption of intoxication which can be rebutted at trial by a skilled criminal defense attorney. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or RMV approved alcohol education program, mandatory overnight incarceration and the required installation (at the offender’s expense) of a car ignition interlocking device. In addition, a DUI conviction stays on a RMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
The 2005 passage of “Melanie’s Law” by the Massachusetts Legislature has dramatically changed the landscape for persons who are charged with alcohol-related motor vehicle offenses. Punishments have been substantially increased for both refusals to take a Breathalyzer Test and convictions of DUI/OUI crimes. Repeat offenders are routinely being given lengthy jail sentences by the Massachusetts Courts for these types of crimes.
Driving with a Suspended License
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (OUI/DUI).
- Salem
- Salem, NH:
- Mark Stevens:
Many people believe that breath testing is an accurate method of
determining the amount of alcohol in a person's blood. In fact, breath
testing is far from accurate and as currently used is fraught with
error which can lead to false high readings that are significantly
higher than a person's true blood alcohol content at the time of the
test or at the time of operation based upon a number of variables not
taken into account by the machine.
- Shirley
- Somerville
- Craig Bartolomei:
What Should I do if I am arrested? First you should seek the advice of
an attorney. Whether this attorney is appointed through the court or
you hire one, you should not handle anything but the most minor of
criminal charges without an attorney. Before you have the ability you
will be booked if arrested on the scene. It is always my suggestion,
and all Defense Counsel, that you do not speak with the police until an
attorney can be present. Also very important is to not speak with
anyone at all about your matter other than your attorney. These
statements could be used against you in the case including anything
said in a holding cell or in jail while awaiting your days in court.
- South Easton
- Stephanie Sousa: You should consult an attorney for individual advice regarding your own situation.
- South Hamilton
- Spencer
- Biando, Ernest:
OUIs and criminal trials to probation violation hearings
- Springfield
- Stroughton
- Weinberger, Joshua:
* Personal Injury
* Criminal Defense
* Immigration
* Real Estate
* Collections
* Motor Vehicle Accidents
* OUI
* Family Law
* Divorce
* Estate Planning and Probate
* Wills and Trusts
* Landlord / Tenant
- Sudbury
- Mark Helwig:
Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the
most common criminal charges brought in Massachusetts. Under
Massachusetts law the charge is referred to as Operating Under the
Influence (OUI), and that is the term that we shall use here. While
actual drunken driving is a clear danger and a serious problem, many
innocent drivers are swept up in the net cast by law enforcement. Many
law abiding citizens face this criminal charge every year. It is
not a crime to drink and drive in Massachusetts. Rather, the crime of
operating under the influence is comprised of the operation of a motor
vehicle on a public way or on private property open to the public while
the ability to drive is impaired by alcohol or drugs.
- Swmpscott
- Wayne, Judith:
Improper police stops
Police cannot generally pull you over unless they have a valid reason for the stop. If you were stopped for an illegal reason, all evidence gained after the stop (including the field sobriety test and the Breathalyzer test results) can be suppressed.
Challenging the validity of sobriety tests
Certain field sobriety tests, including the horizontal gaze nystagmus test, can be challenged in court. In the horizontal gaze nystagmus test, the police officer uses a pen to track eye movements. However, most officers who conduct this test are not considered experts, and can incorrectly administer the test. I have won several cases based on the cross-examination of officers who have misused the horizontal gaze nystagmus test.
Breathalyzer test results can also be challenged if there are technical problems with the machine or if the officer was not properly trained in its operation.
- Taunton
- Tewksbury
- Wellesley
- Ruggieri, Lisa:
Prosecutors for the Commonwealth of Massachusetts have the power and resources of the government behind them, and they use those resources aggressively to obtain convictions. If you have been arrested on assault and battery charges, stolen property crimes, violations of restraining orders, drug charges, or think that you are the target of a drug investigation, you need an experienced drug crimes defense lawyer on your side.
- Wellesley Hills
- Kretowicz, Adam:
If you, a friend, or a family member, has been charged with a crime, you may not realize how serious your situation is. Every criminal prosecution is serious, even if the offense is a traffic offense or a misdemeanor. So-called "minor" offenses can carry substantial fines or jail time - and the consequences don't stop there. A traffic offense could make it extremely difficult for you to obtain motor vehicle insurance, except at a dramatically higher premium. A misdemeanor conviction could cause problems when you are looking for a job.
- Wakefield
- Barabino, William:
The basic breakdown of the law is provided for you below. It appears complicated and in some cases it is. Whether you're charged with your 1st, 2nd or multiple offenses, there are rights and responsibilities of the police to perform certain test and procedures in any arrest. We can analyze your case to ensure that if any plea (which is an admission of the fact before a judge) with the District Attorney it done because that facts encourage us to make a deal-and not before that moment.
- West Bridgewater
- Dailey & Associates:
You should consult an attorney for individual advice regarding your own situation.
- West Dennis
- Westport
- Kidd & Feliz:
Criminal Defense, Bankruptcy, Automobile Accidents, Domestic Relations, Family Law, Divorce, Workers Compensation, Immigration, DUI/DWI.
- Westwood
- Arnell, Phillip :
- Kickham, William:
We don’t believe it’s an outrageous expectation for a client to get to speak to an actual lawyer. Not all law firms or lawyers practice this way.
- Weymouth
- Worcester:
Search for Massachusetts OWI Defense Attorneys by County
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