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Russell Matson:
Here's How To Get A Free Consultation To Find Out
How You May Be Able To Beat Your DUI
Even though you've been arrested for DUI, you don't have to let it ruin
your life. You may not realize it yet, but if you are thinking about
simply going to court and pleading guilty to your DUI charge you may be
cheating yourself.
You see, a qualified attorney can review the case for defects, suppress
evidence, compel discovery of such things as calibration and
maintenance records for the breath machine, have blood samples
independently analyzed, obtain expert witnesses ’Äì all of which may help
you to win your case at trial.
To find out what you need to know about your DUI arrest I've developed
a website to give you a wealth of useful information . . . information
which will show you how you may be able to save your license and your
freedom . . . and possibly avoid fines, fees, and sharply increased car
insurance costs of as much as $6,800.
For the most part, my easy-to-navigate site has information on it which
you can't get anywhere else unless you are willing to do a great deal
of legal research.
When you're on my site, you'll also learn how you can get a free,
no-obligation consultation where I'll review your case and show you how
I may be able to save your license and your freedom.
Massachusetts DUI Drunk Driving Defense Information
Search for Massachusetts DUI Attorneys by County.
Boston Drunk Driving Lawyers
- Terry Flukes:
1. Q: Do you have to be "drunk" to be guilty of drunk driving?
A: No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death which drinking drivers inflict has changed the laws against drunk driving radically and made them much more severe. So the criminal laws against drinking and driving now mean operating a vehicle with considerably less alcohol in your system than what we customarily recognize as being enough to make a person drunk.
You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties.
- Brandon Suanders:
If you have been charged with a criminal offense, including DWI / DUI, you have options.
- Joseph Griffin:
Criminal vs. Civil Matters
A criminal case arises when either the federal or state government seeks to punish an individual for an act that is a crime. Whereas a civil case typically deals with a dispute over rights and duties that individuals and entities owe to one another. Some differences between criminal and civil matters are listed below.
- In a criminal case, a prosecutor handles the case on behalf of the federal government or state.
- In a civil case, the victim or wronged party sues a defendant.
- If a defendant is convicted of a crime she may be required to pay a fine, be incarcerated or both.
- In a civil case, one held responsible might be required to pay money damages, return property, or cease from engaging in a certain activity. They will not be sentenced to jail or prison.
- In a criminal case, the prosecutor must prove a defendant's guilt beyond a reasonable doubt.
- In a civil case, a plaintiff must prove that a defendant is guilty by a preponderance of the evidence, more than 50 percent.
- In a criminal case, a defendant is almost always entitled to a jury trial.
- In a civil case, a defendant is only entitled to a jury trial in certain cases.
- Anthony Lochiatto:
After a defendant has been arrested, he will be scheduled for an arraignment. The defendant may have been released on bail or his own recognizance, or he may have been required to remain in jail until his arraignment. An arraignment is a proceeding whereby the offense that the defendant is charged with is read to him and he enters a plea to the offense charged. The defendant is also apprised of his right to:
- Be present.
- Right to an arraignment.
- Right to counsel.
- Right to receive a copy of the accusatory instrument.
- Right to appear pro se.
- Francis O'Brien:
Frequently, individuals accused of operating under the influence or other motor vehicle offenses, will also face suspension of their right to operate a motor vehicle.
- Stephen Neyman:
1. You are not obligated to take a chemical (breath or blood) test.
2. You are not obligated to take field sobriety tests.
3. Your refusal to take the tests mentioned above will not be used against you at your trial. Our appellate courts have found it proper to instruct a jury that such actions should not be considered as evidence of guilt. In Commonwealth v. Downs, 53 Mass.App.Ct. 195 (2001) the Massachusetts Appeals Court looked favorably upon the following jury instruction:
"You are not to mention or consider in anyway whatsoever, either for or against either side, that there is no evidence of a breathalyzer. Do not consider that in any way. Do not mention it. And put it completely out of your mind." Commonwealth v. Downs, 53 Mass.App.Ct. 195 at 198.
4. Even if you took and ¬„failed¬¾ a breath test you should not despair. A breathalyzer machine is just that - - a machine. There are many external influences that trigger false results from the machine. In cases where the breath reading exceeds .08 we recommend using one of our toxicologists to demonstrate and explain to a jury the shortcomings of the machine.
- Jeffrey Karp:
Generally speaking, the police may pull over a vehicle only if they witness a violation of the traffic laws or if they have reasonable suspicion that the driver is operating the vehicle while under the influence of alcohol or a controlled substance. Once the driver is pulled over he or she will be asked to provide his/her drivers license and the registration for the vehicle. These two documents must be provided. If the police officer has reasonable suspicion that the driver has operated the vehicle while under the influence, he may ask the driver to step out of the vehicle and perform field sobriety tests.
- Austin Freeley:
Sometimes, after a person is charged with a crime, the charges will be dropped as a result of the defense attorney's negotiations with the prosecutor. In other cases, the prosecutor will agree to drop more serious charges if the defendant agrees to plead guilty to lesser charges. The criminal defendant always has the final word, however, on whether to accept a plea agreement.
- David Fox:
Such charges can have serious consequences. A conviction will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against a DUI charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
- Carney & Basil:
By obtaining a driver's license, you have consented to taking the breathalyzer. Therefore, if you refuse to take the breathalyzer, your driver's license will be taken away for at least ninety days. HOWEVER, breath test machines are not perfect and are very often inaccurate. They were not designed to measure someone's blood alcohol and if you blow a .08 or more, this evidence will be very very damaging against you at trial. A couple of drinks can register as a .08 so be extremely cautious before deciding to take a breathalyzer.
- Stephen Jones:
WARNING! If you refused to take a breath or blood test after being arrested for
OUI in Massachusetts, or if the results of your test were .08 blood-alcohol or above,
your license will be suspended 15 days after the arrest unless you or your attorney
take appropriate action to demand an administrative hearing within 30 business days
after the arrest. Get more information about saving your driver's license now before
it's too late.
- Neil Madden:
n every district court throughout the Commonwealth the dockets are bulging with cases of Operating
under the influence. The technical definition of OUI is the operator of an automobile while driving on a
public way consume enough alcohol to impair his safe operation of that automobile. Anyone who
chooses to take the breathalyzer and gives a reading in excess of .08 will be presumed to be intoxicated
at the time of arrest.
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