Legal Question in DUI Law in Massachusetts

I was arrested for oui. The police officer responded to an anonymous 911 call but I know they still needed probable cause to pull me over. They used number one on the hit parade - marked lanes violation. The police report says I crossed JUST over the yellow line. It seems to me a halfway decent lawyer could discredit this, especially since they were observing from the right side of my car and the yellow line was on the left. This is my first oui and I keep hearing that it's customary to take a cwof. If I can win though I'd like to take it to trial but I don't want to end up kicking myself if I end up with a conviction on my hands. I know no one can predict the outcome of a trial, but I need to know if this is as much of a no brainer as i think. Also, is it possible this could be supressed and if so before trial? I say before trial because during the trial I would guess I've lost my option to cwof. By the way, is supressed the right term to use and when is it likely to be done. Thank you very much for your help with all these questions!

Asked on 2/14/11, 4:20 pm

3 Answers from Attorneys

Jennifer Andrade Andrade Law Offices
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Hi there,

An OUI, even a first offense, can have long term consequences. A CWOF, or a guilty finding stay's with you forever. If you were ever to get another OUI, even 10, 20, 30 years later, this will count as a first offense! Plus, there are RMV ramification. If you have no other criminal record (driving infractions not included) then there really is no difference between pleaing out to a CWOF or being found guilty after trial. Quite likely (and I say this with about 99.9% confidence) is you'll receive probation for a year, have to attend the 24D program and pay fines/fees with a CWOF or with a guilty after trial. Also, your loss of license will be the same. Some judges may impose a 60 or 90 day loss of license after a guilty conviction as opposed to the standard 45 day, but that isn't absolute and would depend on the court you were in. Even with a guilty after trial, the standard is 45 days.

So, why WOULD you plea out? If you have terrible facts. Pleaing out sooner allows you to obtain your "Cinderella license" ASAP. Further, if you were ever asked on a job or school application the question "have you ever been convicted of a crime?" you could answer "No". OUI charges are not uncommon, can happen to anyone, so a future employer may not consider that, or even ask that question.

Because the police were alerted to you via an "anonymous" tip, an experienced attorney should definitely look over your case. You are correct, there may be a reason to suppress the stop. It may become a question for trial (whether crossing over a yellow line = impaired driving). Many attorney's think an OUI case is "easy", but the truth is, it's not. You need a trial attorney who has experience trying OUI cases on your side. An skilled OUI attorney can best convey your story to a jury based on experience trying similar cases.

If you have any further questions, please feel free to contact me.

- Jennifer

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2/14/11, 4:39 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC
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I have defended numerous clients for OUI and have found that by going to trial you stand to lose nothing-true you can never see into the future but depending on the facts of the case an experienced defense attorney can put the odds in your favor-I would need to know more of the facts to determine if a trial is right for your case-you can contact the office at 774-745-0562 anytime if you want to speak about the case.

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2/15/11, 5:40 am
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If you would like to have a free face to face consultation, please feel free to call me at (978) 703-0702.

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2/15/11, 7:38 am

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