QUESTION

I got arrested for oui, and leaving the scene of property damage? Is there a chance I can get this dismissed. And I have no criminal record prior.

Asked on Jun 04th, 2020 on DUI/DWI - Massachusetts
More details to this question:
I recently got arrested for oui, driving on my prescriptions and leaving the scene of property damage. Is this a case I could get dismissed and keep my clean record? I’m applying For nursing school and don’t want this terrible mistake to ruin my future
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1 ANSWER

Criminal Law Attorney serving Andover, MA at Erkan and Associates, LLC
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Great question.  Though the answer is case specific, I can give some general info.  Feel free to contact me to discuss specific strategies for your case. The first question is whether police gave you a ticket at the time and place of the incident.  Failure to comply with MA "no-fix" laws can lead to dismissal. Next, what was the basis for the stop?  The grounds for the stop, and the reasonableness of the ensuing investigation, are important considerations in any criminal case.  Errors can lead to dismissal. Where your case involves meds, I should point out that these cases can be tough for the prosecutor to put together correctly.  Testimony that you were impaired by meds may require expert testimony to explain how the meds affected your ability to drive a car safely.  The government frequently overlooks this requirement, leaving it with little evidence to support a conviction. Does the case involve alcohol too? If you took the breathalyzer, we will check whether the test was valid.  Police may have needed a warrant prior to this test.  Errors here can lead to exclusion of your breathalyzer. You may also consider a trial. A not guilty verdict will constitute no obstacle to your plans to become a nurse.  OUI is a relatable offense to which jurors tend to give the benefit of the doubt.  A competent attorney will help you weigh the risks associated with trial, and aid you in determining whether trial might be the best choice for you. If trial is not advisable, there are methods of resolving your case which can result in dismissal, even if you are responsible for the crimes charged.  MA law allows a person to take responsibility, following which the court can continue the case without finding you guilty.  If you comply with the terms of probation, your case will be dismissed. One more thing to consider - depending on the manner in which your case is resolved, there are procedures in place that can allow for sealing or even expungement of your criminal record.  A properly sealed or expunged record will return a criminal record check result of "no record found." In the end, every case is different, but the short answer is, yes: there are plenty of opportunities to get your case dismissed. The key is to get the best help possible to increase your chances for such a favorable outcome.  I worked as a prosecutor for eight years, following which I opened my own defense firm in 2006.  With over 22 years dedicated exclusively to criminal law, I can help you put this case in your past with the least amount of risk possible, and with the smallest footprint on your future possible. There's a ton of useful info on my website - www.erkanlaw.com.  If you want to chat, give us a call at (978) 474-0054. Good luck!
Answered on Jun 22nd, 2020 at 11:06 AM

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