Additional Information: I think my ex-boyfriend called the police and gave an “anonymous” tip of a reckless driver and gave my car make/model and license plate number.  He knew which restaurant I went to in Shrewsbury.  I had 2 glasses of wine at dinner and was arrested for OUI.  Can the police legally pull me over if my ex-boyfriend wanted to get me in trouble?  What do I do now? ATTORNEY ANSWER: All the calls that come into the station are recorded in some fashion or another.  If we can show that the call was not based on personal knowledge
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Additional Information: I was on a business trip to the greater Boston area and accidentally turned into oncoming traffic on Route 9. I quickly recognized my mistake and turned around into the eastbound lane but was stopped by Wellesley police and arrested for DUI anyway.  I declined the breath test and have a co-worker who can testify that I didn’t any anything to drink.  What steps do I take now to fight the DUI? ATTORNEY ANSWER: The first step is to find a lawyer who focuses on OUI/DUI defense in Dedham District Court.  From there the process of fighting the
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Additional Information: I was arrested for OUI and appeared in Framingham district court and was not convicted.  Now it’s listed as an outstanding OUI charge on my record.  How can I fix it and get my license again? ATTORNEY ANSWER: If you received a Continuance without a Finding (CWOF), this cannot be removed from your record, it is part of your permanent record.   As far as getting your license returned, you should be eligible for a hardship license within 3 business days from your plea to the court unless you are under 21, then there may be further license ramification
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Additional Information: I was involved in a car accident a couple of weeks ago.  I wasn’t arrested, but then recently I received a criminal summons/citation to appear in Woburn court for an OUI.  What kind of case can the police have?  What should I do? ATTORNEY ANSWER: You should sign Section B on the reverse side of the citation/ticket and hand deliver it to the court.  This needs to be done within four days from receipt of the citation/ticket.  As far as what kind of case the police have will depend on the amount of interaction they had with you,
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Additional Information: Generally, what kind of alcohol does a person need to consume to exceed the legal limit to be considered driving drunk?  I had 3 drinks within 3 hours and was recently arrested by a MA trooper for DUI.   I cooperated and did field sobriety tests and breathalyzer. We have a family with 4 young children who need to be taken to/from school and activities. I don’t know what we’ll do if I lose my license.  What do I do now? ATTORNEY ANSWER: 3 drinks in 3 hours is a responsible amount of alcohol to consume. The rule of
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Additional Information: Can a police officer or state trooper force an individual to take a blood alcohol test?  I was involved in a serious car accident on Rte 495 recently and the passenger of the other vehicle was taken to the hospital.   I thought I had the choice to decline taking a blood alcohol test, but the officer forced me to take one.  What does that mean and what should I do now? ATTORNEY ANSWER: Unless the State Trooper or Officer has a warrant to take your blood they cannot force you to provide a sample of your blood. Like
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Additional Information: I understand there are 3 ways to measure your blood alcohol content: blood test, urine test and breathalyzer.  If stopped by the police, what should I know in order to make an intelligent choice about which blood alcohol test I should take? ATTORNEY ANSWER: It is not your option which type of test to take pursuant to Massachusetts law.  The test offered by the police is the breath test, unless you have been involved in an accident and go to the hospital then it will be a blood test.  You can at your own expense request a comparison
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Additional Information: I was pulled over by Boston police last weekend. I politely declined taking the breath test.  I have my own personal breathalyzer and had taken it before getting behind the wheel.  I told the police officer that my BAC was .06 based on my own personal device and he still arrested me.   Will my breath test help or hurt my case? ATTORNEY ANSWER: Unfortunately, your breath test will probably not be allowed into evidence as it does not meet the requirements for introduction at trial.  However, your statements to the police may be admissible, so there may be
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Additional Information: Our 20 year old son was arrested for drunk driving in Westford.  Are the laws the same for an underage (under 21) or teen DUI arrest?  Are the penalties the same? ATTORNEY ANSWER: The laws are the same. However, because your son was under 21 he will suffer from enhanced license suspensions and a requirement that he enter into and complete an alcohol education program under the Junior Operator Laws.
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Additional I nformation: I was arrested and charged with DUI/OUI in Worcester.  The police have videotaped evidence of my driving and I was driving erratically.   With that kind of evidence, can a good drunk driving lawyer help? ATTORNEY ANSWER: The real issue is whether they videotaped you while performing the field tests and the booking procedure. Driving behavior is only one aspect of the government’s case against you. A good drunk driving lawyer can often times point out positive aspects of your case to create doubt that you were not impaired by alcohol.
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Additional Information: Just to be prepared, If I’m stopped by the police or MA state trooper and he asks me if I’ve been drinking, what should I say?  I think I should decline taking a breathalyzer, is that right? ATTORNEY ANSWER: If stopped by a police officer and asked whether or not you have been drinking it is ok to tell the officer/trooper that you have had a responsible amount of alcohol (couple beers/drinks) because it is not illegal to drink alcohol and drive.  It is my suggestion that clients refuse to take the breath test because it is easy
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Additional Information: Over the weekend, my girlfriend was arrested by the Easton police for driving under the influence.  She had one glass of wine at dinner and is going to fight the case.  Will she or I have to testify at trial? ATTORNEY ANSWER: There is no requirement for you or your girlfriend to testify.  It is the government’s burden to prove her Guilty beyond a reasonable doubt.  Also, whether or not to testify will depend on what the testimony will consist of because we do not want to help the government convict her.  For a free consultation please feel
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