Legal Question in DUI Law in Massachusetts
I was arrested for an DWI in New Hampshire in 2009. It was a non-criminal offfense and I plead guilty and paid a fine. I had 2 prior DWI in my home state, Massachusetts, but since they were both in 1995 (more than 10 years ago) I was charged in NH with a first offense. NH notified Mass and because of Reciprocity which NH is a member, my license was also suspended in Mass. In 2010, I was arrested in ass for another DUI and they are charging me with a fourth offense. Mass does NOT recognize Reciprocity. Is this the correct charge for me in Mass.
2 Answers from Attorneys
The prosecution may have a difficult time proving this charge. To prove a prior out of state offense the commonwealth must introduce evidence showing that you were convicted of a like offense and prove you are the same person who was convicted in New Hampshire. You should hire an attorney to closely examine the New Hampshire statute and present any challenge to the admissibility of the prior offense. You should also challenge the underlying OUI case through motions and at trial. Feel free to contact me with further questions.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
It would be the correct charge if the prosecution can prove the previous OUI's-even without that NH charge you are still looking at a 3rd OUI, again if proven. My office has handled numerous OUI defenses and generally with great success to our clients. I would need to know more of the facts and willing to speak with you at anytime-774-745-0562.
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