On March 29, 2009 at 2:20 a.m. Stephen Lucas was found passed out behind the wheel of his minivan. His nine year old son was asleep in the seat beside him. When the police awakened him Lucas told them “he was just having some fun with his kid”. A half empty whiskey bottle was found inside the car also. Lucas was charged with OUI Child Endangerment, Driving to Endanger and OUI Second Offense. He pleaded guilty and received a two year suspended jail sentence on the child endangerment and driving to endanger. The second offense DUI was continued without a finding. The first offense OUI was twenty four years old.
The penalties for second offense OUI in Massachusetts are sixty days in jail, thirty of which are mandatory. There are fines, court costs and a loss of license associated with a conviction for this crime also. The sentence imposed cannot be under the minimum mandatory thus tying a judge’s hands in the event he or she does not feel that a jail sentence is appropriate. There is an exception to this rule that the judge in this case embraced. If the first conviction is ten years old or older the second offense can be treated as a first offense and the case can be continued without a finding along with the imposition of the alternative “24D” disposition. Child endangerment requires the imposition of a ninety day house of correction sentence. Even though the sentence can be suspended the person will have a misdemeanor record if convicted of this crime.
We have been defending drunk driving cases in Massachusetts for over twenty years. We have represented the accused in courts throughout the state. We have proven time and time again to get great results for our clients on DUI cases. If you have been charged with OUI in Massachusetts call us now at 617-263-6800 or contact us online.