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Articles Posted in 1st Offense OUI DUI

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What Are Some Options When Being Arraigned For OUI In Massachusetts?

The last time the Massachusetts OUI laws saw a significant modification the legislature had one thing in mind. They wanted to get accountability as soon as possible. The changes to the law made the prospect of immediately pleading guilty extremely attractive. The statue made provisions for the issuance of hardship…

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When Cops Testify at an OUI Trial to Facts Not in Their Police Report The Defendant Will Win

There are certain events that occur in court that tell experienced criminal defense attorneys that they are going to win the case. The most common is when cops testify at trial to facts that are not in their report, particularly at an OUI trial. During a typical drunk driving trial…

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Will Massachusetts See Smartphone Apps for Drunk Driving?

Imagine this.  You get pulled over for drunk driving or OUI in Massachusetts.  You have been drinking.  You want to know what to do.  So you pull out your smartphone and pull up your favorite operating while impaired app.  You go through the checklist.  Should I take the breathalyzer test? …

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The Boilerplate OUI Police Report; A Criminal Defense Lawyer’s Dream

Time and time again I have commented that at least in Massachusetts the OUI police reports that I read are essentially boilerplate. From officer to officer, report to report, I can recite by memory, almost verbatim the content of those documents. I have always maintained that if criminal defense lawyers…

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How an OUI Lawyer Fights Inaccurate Breathalyzer Results in Massachusetts

Many people don’t realize that breathalyzer test readings are not necessarily accurate. A breathalyzer is a machine. Machines have flaws. But before those flaws can be shared with a judge or a jury the OUI defense lawyer you hire needs to know how these machines work. If he or she…

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I Just Got Arrested For An OUI In Massachusetts. How Much is This Going to Cost Me?

I get this question several times each week. Someone gets arrested for drunk driving in Massachusetts. This is their first OUI and usually their first time having to go to court. After the initial shock and embarrassment wears off they start thinking about defending the case and ultimately how much…

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Should the Imposition of Alcoholics Anonymous as a Condition of Probation be Deemed Unconstitutional in Massachusetts?

Here in Massachusetts, persons charged with first offense operating under the influence (OUI /DUI) and certain second time OUI offenders may have the option of what is called the alternative “24D” disposition, which includes participation in an alcohol education program as a condition of probation. Many different approved alcohol education…

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