Last week Robert Fulton, a Rockland, Massachusetts resident was followed by a driver who saw him cross over the center line several times. The driver called 911 on his cell phone and followed the car until an officer located the vehicle and pulled it over. Fulton was arrested and charged with OUI. According to reports this is his fourth offense. Fulton was arraigned in the Plymouth District Court where the case will be prosecuted. His prior drunk driving convictions were in 1997, 1992 adn 1984. There is no indication as to whether or not field sobriety tests were taken nor was there any mention of a breathalyzer.
Here is what Massachusetts law says about fourth offense drunk driving convictions. First, there is a potential for five years in state prison. Second, fourth offense DUI’s are felonies in Massachusetts. Third, there is a mandatory minimum one year house of correction. Fourth, there is also a ten year loss of license. Fifth you can petition for a hardship license after five years. Sixth, there are statutory fines and fees that you must pay if you are convicted of this crime.
These days people routinely use their cell phones to call in suspicious activity. A large number of Massachusetts OUI prosecutions were initiated as a result of people calling the police with their observations of erratic driving. Sometimes people call in to report that they actually saw someone drinking while driving.
Many people wrongly believe that old or stale drunk driving convictions in Massachusetts cannot be used as priors. That belief is patently incorrect. Massachusetts has a “lifetime look back” provision in its OUI laws. This means that no matter how old one of your prior convictions is it will be counted if you are again charged with drunk driving.
Our office has successfully tried fourth offense OUI cases and many other alcohol related driving crimes. We can be reached twenty four hours per day seven days per week at 617-263-6800. You can also contact us online.
Si usted habla español contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270.