Legal Question in Criminal Law in Massachusetts
dwi in mass
I got charged with my second dwi in massachusetts but I have had 2 dwi convictions in other states. They didnt mention them in the arraignment and I have only been charged with second offense dwi. Can they now change the charge from second offense to fourth offense?
Asked on 12/17/07, 12:16 pm
2 Answers from Attorneys
Michael Franklin
Michael M. Franklin, Esq.
Re: dwi in mass
The prosecutor would have to amend the Complaint before trial to do this.
Answered on 12/20/07, 5:21 pm
Martha Kovner
Law Offices of Martha J. Kovner
Re: dwi in mass
4th offense OUI carries an enhanced penalty so they would have to most likely dismiss the OUI 2 complaint and have a new complaint issued for the OUI 4 (if they find out about the out of state convictions). Hope that this helps. Martha Kovner
Answered on 12/18/07, 11:45 am
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