Massachusetts DUI and DWI Legal Questions

Good Morning:   Massachusetts is a lifetime lookback state. That means the RMV will enter and suspension for OUI/DUI offenses that occured out of state whenever they are notified. We should be able to help you however get any suspension backdated to the conviction date and not commence on the date the RMV is notified. Please feel free to call the office at 978-612-6447... Read More

It is unclear to me why your license was suspended for life in the circumstances you have described.  In relevant part, the terribly unwieldy and incomprehensible Massachusetts OUI law (General Law ch. 90, s. 24) provides that "a person previously convicted of, or assigned to a program for 3 or more [OUI offenses] shall have the person's license or right to operate suspended forthwith for life based upon such refusal."   In the fact pattern you have described, you were convicted of 3rd offense OUI.  I infer from your description that one of the charges resulted in a dismissal or acquittal.  If that is so, your license loss should have been for 5 years, in addition to the suspension flowing from your OUI 3rd offense conviction.  If, however, you were convicted or admitted to sufficient facts in each of your prior offenses, your license is indeed suspended for life. If you were not advised of the consequences of your refusal, there may exist avenues to challenge the suspension on due process grounds. Alternatively, depending on the particulars of your past case(s), you may be able to challenge one or more of your underlying convictions by way of a motion for new trial.  If your conviction were vacated on constitutional grounds, there may be arguments that your license should be restored.  You may wish to arrange for a consultation with a skilled attorney to discuss the facts and circumstances of your case to determine if there is any relief available to you. Best regards, Murat Erkan... Read More

Hi there, Massachusetts law allows adults to possess two ounces of marijuana for recreational use.  However, it is illegal for persons under 18 to possess or smoke marijuana.  Police may choose to issues you a citation which is punishable by a fine of $100.  The law also mandates participation in an approved drug awareness program for those responsible for underage possession. You could also be in trouble for trespassing, but only if there was adequate notice that the park was closed to the public at the time.   It is possible that police will contact your parents to discuss your behavior, however, it is unlikely that they would make the effort if they have not done so yet. Finally, it is possible that you will receive a citation or summons in the mail regarding either a charge of trespassing and/or marijuana possession.  If you receive a delinquency summons, you should consider engaging an attorney to assist you in addressing the matter. I hope this answers your question and I wish you the best of luck.... Read More

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!... Read More

I gather that you are probably referring to either the reduction in mandatory minimum sentences for Massachusetts drug offenses or the retroactive reduction in sentences for federal crack cocaine convictions.  Either way, the answer is "no." Massachusetts OUI offenses have mandatory minimums set in the statute, and those have not changed lately.... Read More

If you receive a second offense OUI which results in a CWOF the registry will still impose the second offense license suspension.  However, the law on using a first offense CWOF as the basis for a second offense suspension has changed in the last few years, and you may have an argument before the RMV that your second offense CWOF should be treated as a first.  Take your driving record (which you can get here: https://secure.rmv.state.ma.us/DrvRecords/intro.aspx) to a lawyer for a more definite answer.... Read More

On occasion, for overwhlemingly compelling reasons (usually having to do with the defendant living in another state), the court can permit a lawyer to appear without the defendant (which is called "waiving the defendant's appearance") for non-crucial stages of the case.  Anxiety, no matter how severe, will not convince a court to waive your appearance, and even in cases where the court does decide to waive the defendants appearance, the defendant always has to be present at the first and the last hearing.... Read More

Massachusetts will not give a hardship license to an individual with an out-of-state license. Massachusetts will not reinstate your right to operate a motor vehicle in Massachusetts on a hardship basis if you do not have a Massachusetts license. Hardship licenses are only available to those people in Massachusetts who have a Massachusetts license. You will have to consult with a New Jersey attorney to determine the consequences the OUI from Massachusetts has on your New Jersey license. Most states will suspend your drivers license until the out-of-state suspension has been rectified. At this point your right to operate in Massachusetts has been suspended for the OUI.  If it was a first offense you lost your license for 30 days if you took and failed the breathalyzer test, and for six months if you refused to take the breath test. If you went to court you probably lost your license for 45 days. Once the 45 days commences on a first offense OUI, it stops the running of the breath test suspension. If you were previously convicted of a drunk driving charge anywhere else in the country and Massachusetts is aware of that conviction you will be subject to additional license loss penalties. For further information see my website at www.JohnEDeVito.com or contact me directly.... Read More

I would be happy to review this case to see if it is something we can beat. Not taking the breath test deprived the prosecution a very damaging piece of evidence. I would have to see the facts to provide an assessment of the chances of success, but by not taking the breath test, there may very well be a good chance of success. Please call my office at (508) 752-7500 tomorrow if you haven't already hired an attorney. Gregory Casale Attorney At Law.... Read More

I'm not sure what your question is, but regardless of the circumstances, your son should definitely engage an attorney to represent him for his charges. The criminal courts are not designed for lay people. There are too many potential pitfalls to be in the criminal process without an attorney. The consequences are also far too high to go without representation. If your son would like to discuss his options please have him call me at (508) 752-7500. There is no fee for the initial consultation. ... Read More

You need to contact a Massachusetts attorney to guide you through the rules and regulations of the Massachusetts Registry of Motor Vehicles. You should start with your Massachusetts driving record. You should be able to access that record on line. There is probably a fee involved. With your driving record an attorney familiar with RMV procedure will be able to advise you accordingly. For more information on RMV and drivers licenses see my website.... Read More

Hire an experienced OUI attorney to discuss the facts with you and your witnesses and to review the police report.  An expert on the BT can be employed to challenge the .08 reading. Your attorney will consider challenging the statement you provided at the station regarding smoking via a motion to suppress statements. For further infomation on OUI and Breath tests see my website at www.johnedevito.com.... Read More

They can and sometimes do, provided that they have other evidence to substantiate probable cause to place you under arrest. All field sobriety tests serve is to provide the police with evidence against you to arrest you. Nothing good will come of it as it's extremely unlikely you will pass or at least pass all of them and even if you do, they can still arrest you if they have enough probable cause. Without field sobriety tests, and admissions of drinking, it does make their case more difficult. That is where an experienced DUI attorney comes in really handy and earns his fee. They will carefully evaluate the police report, cruiser cam video, and other evidence to determine if there was enough probable cause to even place you under arrest for drunk driving. A good DUI attorney will more than pay for himself and the stakes are too high to do it alone.... Read More