14 REASONS TO FIGHT YOUR CASE

 

There are plenty of reasons why you should let me utilize my experience and ability to represent you in your OUI. Remember, the attorney you hire should have experience, success and confidence. Make sure they are not afraid to argue your case in front of a jury.

  1. When I fight OUI cases, I usually win. I am successful in over 95% of the cases I take to trial and I’ll tell you exactly what I think your chances are. Keep in mind trials are not an exact science and every case is unique. Check out my track record over the last 3 years in the OUI case summaries section.
  2. The police need to have probable cause to pull you over. I recently had a client pulled over for arguing with her daughter. She was committing no civil infractions. It’s not against the law to argue. Case over. Motion to Dismiss allowed.
  3. If you refused to do any field sobriety tests, the fact you refused cannot be used against you. Massachusetts is in the minority regarding this issue. Do not expect the police to inform you of this important right.
  4. If you refused to take a breath test the case is stronger. More importantly, the prosecutor cannot comment on the fact that you refused to take the test. Only two states in the country prohibit this, Massachusetts being one of them.
  5. If you failed a breath test, and blew a .08% or over, there are still many theories on which to win the case.
  6. For everything you do wrong when taking the field sobriety tests, I can assure you I will find something you did correctly.
  7. If you have prior OUI’s, they are not allowed into evidence during trial so if you have 3 priors, the jury will look at this as your only offense and never hear about your prior history.
  8. Most judges do not penalize a person who takes a case to trial. Certainly each case is unique but in my experience, a person is most likely looking at the same penalty whether they plead the case or have a judge or jury decide it. It’s worth the risk in many situations. This doesn’t apply in all cases but a person who loses a 2nd offense, works, has children and a limited CORI history is probably looking at the same sentence after trial (14 day in-patient program) as they would if they resolved the case by plea.
  9. If you plea the case out your insurance will automatically increase 5 points and that is just for the OUI. Many cases have civil infractions that accompany them as well.
  10. If you plead the case you will be on supervised probation meaning you will have to pay $65/month and enter and complete an alcohol program. The program cost in over $500. In addition there are fines & court costs totally over $100 associated with resolving the case. This is JUST for a 1st offense. Chapter90 Section24.
  11. Do you like going to Canada on vacation? Drunk driving or impaired driving convictions (even if they are recorded as a traffic offence) where the blood alcohol reading is 0.081% or above – or a breath reading of 0401mgms/L or above, will make you inadmissible to Canada. Other common convictions that may make a person inadmissible to Canada are: reckless or dangerous driving, common assault, street racing, hinder or resist a police officer in the execution of duty, possession, supply, trafficking of drugs (including cannabis) and shoplifting (theft), fraud or criminal damage, to name a few.
  12. If you resolve the case, you now are a first offender. Any time during your life, should you get arrested again, the penalties are significantly harsher and that’s assuming the laws don’t change again. Trust me, if they change they will not make the laws more lenient.
  13. Experience matters. I have over 20 years devoting a significant segment of my practice to drunk driving cases.
  14. Reviews matter. What better tool to use in hiring an attorney that people who have used me in the past. Please take a look at the client review section on both this web site and the independent attorney research site AVVO.

Schedule a Free Initial Consultation.

I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result.  If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995.   You may also e-mail me Michael@criminaldefenseworcester.com or text me.  I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience.  I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.