Sponsor Attorney-Statewide Court Coverage
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 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.
Springfield Drunk Driving Lawyers
- Bruce Patryn:
Finding and working with a lawyer can be a daunting task. However, there are many situations that arise that require sound legal advice and representation.
- Joseph Bernard:
Ensure that your rights are protected.
- Dan Karpman:
Summary: Massachusetts' New Drunk Driving Law
Tougher Limits
• Lowers from .10 to .08 the blood alcohol level at
which a person is presumed intoxicated.
• Establishes a separate blood alcohol level for drivers
under age 21 of .02 for license suspension.
• Creates a "per se" OUI violation.
• Creates a "lifetime" look back period for repeat offenses.
• Out-of-state convictions will be used to calculate
repeat offenses.
Tougher Penalties
• Requires police to immediately confiscate the driver's
license upon breath test failure or refusal.
• Increases sentences and fines for first-time OUI
offense.
• Increases minimum and maximum penalties for all repeat
offenses.
• Classifies third and subsequent offenses as felony
convictions.
• Increases the suspension period for refusing to take the breathalyzer test.
New Incentives
• Allows a first offender, entering a treatment program, to obtain a "hardship license".
• Provides an incentive to take the breath test by reducing the suspension period for failing to 30 days.
- Frank Law Offices:
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.
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