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Braintree Drunk Driving Lawyers

• Bradley, Scott: Biggest mistakes people make when pulled over and arrested for OUI/DWI/Drunk Driving: 1. Talking to the police; 2. Getting out of your car to perform what police call "Field Sobriety Tests"; 3. Taking the Breathalyzer Test; 4. Not telling the police immediately when they arrest you that you want your lawyer; 5. Not Calling a OUI/DUI/DWI Lawyer who will fight hard to preserve your way of life and obtain a Not Guilty Verdict for you. 6. Thinking that they cannot win because the police have arrested them. You should be polite and give the police your license and registration, along with your name and date of birth if they ask. However, you should not let your desire to please the nice police officer get in the way of protecting your rights and preserving your liberty and your ability to have a driver's license. Most "Field Sobriety Tests" as the police call them are no more that 65-68% reliable and most sober people would have difficulty with them. Typically, police have you say your ABC's, Count Backwards, touch your finger to your nose, have you walk in a straight line 9 steps, turn around and walk back another 9 steps, and life one leg off the ground 6 inches and count to 30. All of this is typically done out on the side of the road where you are pulled over, shocked, scared, nervous and if it's winter, very cold. Since November of 2002, a conviction or CWOF for OUI, DUI, DWI, Drunk Driving will follow you around for the rest of your life under what we call a "lifetime look back." This is important because of "Melanie's Law" that became effective October 28, 2005. If the Prosecutor proves that you: 1. Operated a motor vehicle, 2. on a public way or a way to which the public has a right of access, 3. under the influence of alcohol/drugs OR 4. with a blood alcohol level of .08 or more (.02 or more if under 21) You will be convicted and the penalties include: * 1st offense: 24D alternative with 45-90 day LOL (Loss of License) or up to 2.5 years in jail and a 1 year loss of license. * 2nd offense: 2 years probation, 2 year LOL and 2 week in patient alcohol program, or 60 days to 2.5 years in jail with a 30 day minimum mandatory jail term and a 2 year LOL. * 3rd offense: 180 days to 2.5 years in jail or 2.5-5 years in state prison, with a 150 day minimum mandatory sentence, and an 8 year LOL. * 4th offense: Not less than 2-2.5 years in jail or 2.5-5 years in state prison with a 1 year minimum mandatory sentence in jail/prison and a 10 year LOL. * 5th offense or more: 2-2.5 years in jail or 2.5-5 years in state prison, with a 2 year minimum mandatory sentence in jail/ or state prison and a lifetime LOL. * If serious bodily injury occurred: 6 months to 2.5 years jail or 2.5 to 10 years State Prison, with a 6 month minimum mandatory jail/ prison sentence, and a 2 year LOL. * Child endangerment if child 14 or under in motor vehicle: 1st time: not less than 90 days-2.5 years in jail; 2nd time 6 months to 2.5 years jail, or 3-5 years state prison, with a 6 month minimum mandatory jail or state prison sentence. All of the above also come with court fines and fees that can be expensive. If you refuse the breath test, the RMV Registry of Motor Vehicles will immediately suspend your license AND these losses run after the losses if you lose your criminal OUI/DUI/DWI/Drunk Driving Case: * 1st conviction: 180 Days * 1 prior conviction/under 21: 3 years * 2 prior convictions: 5 years * 3 prior convictions or more: Life If you win your case there is a presumption that you get your license back when you go before a judge. If you take the Breath Test and fail: * 30 days LOL for adults * 180 days for those 18-21 years old * 1 year for those less than 18
• Corbo, James: You should always consult with a licensed attorney before making any legal decision.
• Couturier & Bradley: If you have been arrested or summonsed to court you should remain silent and contact an attorney ... If you have been arrested, be polite, and inform the police officer that you want to speak with an attorney before answering any questions. By exercising your right to remain silent, you reduce the amount of evidence the Commonwealth will have at their disposal to use against you.
• Scott Bradley: Generally known as a DUI, Massachusetts refers to driving under the influence of alcohol as operating under the influence (OUI). Evidence of impaired driving is based on physical findings by the arresting officer and the results of a blood, breath or urine test. It is unlawful to operate a motor vehicle with a blood-alcohol concentration (BAC) of .08 percent or higher.