Legal Question in DUI Law in Massachusetts

Help!

About 9 months ago I was pulled over and arrested for a DUI in the state of Mass. I refused a breathalyzer. My license was suspended automaticlly for 180 days. About 200 days after I was pulled over for an illegal turn in another city for an illegal turn while driving my girlfriends car and charged with operating on a suspended license for an OUI. The penalty for this states 60 days minimum jail time and minimum $1000. Does the fact my 180 days had lapsed, I refused a breathalyzer in the previous incident and I still have not been convicted for an OUI make a difference in what is in store for me?(Do I have a chance of staying out of jail?)


Asked on 3/20/09, 7:14 pm

3 Answers from Attorneys
Gregory Casale Gregory Casale Attorney At Law

Re: Help!

Yes, you most certainly have a chance of not going to jail. We would argue that the license was not suspended due to the OUI, but merely the failure of the defendant to go in an reinstate his license. We may very well be able to win the underlying OUI case as weill if there is no breath test (BT). I think that you should hire a GOOD attorney ASAP. If you want me, my website has all my contact info. Don't hesitate to call me. Either me personally, my secretary, or my service answer the calls 24/7. You WILL speak with a live person whenever you call.

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Answered on 3/21/09, 8:47 am
Michael T. Dwyer LAW OFFICE OF MICHAEL T. DWYER

Re: Help!

You needed to reinstate your license after the 180 days! Technically you were driving without a license after suspension until you reinstate. I would hire a lawyer to negotiate with the DA's office if I were you

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Answered on 3/20/09, 9:27 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Help!

You should retain an attorney to prove your license would have been reinstated had you applied for reinstatement after the 180 day suspension expired. You should also have an attorney preparing your defense to the OUI. Good Luck!

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Answered on 3/20/09, 9:38 pm


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