Additional Information: Over the long holiday weekend, I was stopped in a DUI roadblock coming back from Cape Cod. I had a few drinks much earlier in the day. I was arrested for drunk driving. What can I do now to fight it? ATTORNEY ANSWER: Typically, sobriety checkpoint or roadblock cases are easier to defend because there is no erratic driving behavior. Additionally, as a result of recent court decisions many of the Roadblock cases are being dismissed because the State Police are not following their own regulations. For a free consultation please feel free to give me a call,
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I was pulled over for driving erratically on the Mass Pike near Worcester.
Additional Information: The police had me take a breath test which I actually passed, but they arrested me anyway. Can they do that and now what should I do? ATTORNEY ANSWER: If the Breath test was between a .06 – .07, the police can still keep you in custody and charge you with an OUI. For obvious reasons you have a strong OUI case to defend and beat. Also, because the breath test was below a .08, the police should not have seized your license. I’d be happy to consult with you on this matter.
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Commonwealth v. J.B. – Dedham District Court (2011) – Brookline Police OUI DWI
Charge: Operating under the Influence of Alcohol (2nd Offense) Result: Not Guilty Client was observed by a Brookline police officer travelling without his headlights on and after following for about 3 minutes observed the vehicle pull into a “Bus Only” turn lane and take a right hand turn on a red light where turning on red was prohibited. Client stopped his vehicle for the police and was inquired of by the officer. The officer observed an odor of alcohol, slurred speech and his eyes to be bloodshot/red/glassy. As a result the officer asked the client to perform field sobriety tests.
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Commonwealth v. J.P. – Roxbury District Court (2011) – State Police OUI DWI
Charge: Operating under the Influence of Alcohol (2nd Offense) Result: Not Guilty Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on. As a result the trooper stopped the client and made inquiry. During initial contact the trooper observed the client to have an odor of alcohol, slurred speech and red/glassy eyes. As a result, the trooper requested the client to exit his motor vehicle and perform field sobriety tests. The trooper administered 3 field sobriety tests and concluded that the client was under the influence of alcohol. The client elected to take a
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If I take my DWI case to trial, isn’t it the cops word against mine?
Additional Information: I was arrested for drunk driving in Newton MA. If I take the DWI case to trial, isn’t it the cops word against mine? ATTORNEY ANSWER: It is not necessarily the cops word against yours because you do not have to testify or present evidence at all. Often times a good DWI attorney can create reasonable doubt based upon the officer’s testimony and police report. If there is any doubt, then a Not Guilty finding will be forthcoming. Good luck with your case.
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Does an OUI charge on my record affect owning a firearm or my right to carry?
Additional Information: I live in Worcester MA and was recently arrested for OUI. If convicted will it affect my right to own a firearm or my right to carry? ATTORNEY ANSWER: Yes. Every applicant must pass a background check and an OUI may be a bar to obtaining a license to own/carry a firearm.
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Commonwealth v. D.G. – Lynn Drunk Driving Charges (2011) – Marblehead
Charge: Operating under the Influence of Alcohol Result: Dismissed Client was seen standing on a sidewalk next to a restaurant/bar fumbling with her purse and as she crossed the street the officer noted that she had a slight swagger. Based upon these observation he made contact with the client as she entered her motor vehicle. The officer noted that the headlights were on and the window was down when he engaged the client in conversation from his cruiser on the opposite side of the street. The officer noted that the client’s eyes were bloodshot and glassy and told her to
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Commonwealth v. J.G. – Westboro OUI DWI (2011) – State Police
Charge: Operating under the Influence of Alcohol Result: Not Guilty Client encountered a State Police Sobriety checkpoint and was diverted from the flow of traffic in the “pit” or screening area. A State Trooper conducted a series of Field Sobriety tests, but the only tests that were admitted at the trial were te walk and turn test and the one legged stand. Trooper drafted a candid, succinct police report wherein the client completed these tests with very little difficulty. While the Trooper had probable cause to arrest the client given the evidence at trial it was insufficient to convict him
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In Massachusetts, what are ramifications of DUI/DWI/OUI conviction?
Additional Information: In Massachusetts, how would an DUI/DWI/OUI conviction affect me other then the criminal penalties and the license loss? ATTORNEY ANSWER: In Massachusetts, we have a lifetime lookback period. So any further issues with an OUI will result in an enhanced penalty. Further, there may be employment ramifications as far as current or future employment. Also, an OUI may have an impact on any firearms license should you have one or apply for a permit to carry. Finally, entry into other countries may be restricted, notably Canada.
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I got arrested for DUI/DWI in Framingham, MA.
Additional Information: I am embarrassed by the situation. Is my name going to be in the paper and is there anything I do about it? ATTORNEY ANSWER: Your name will usually end up in the local newspaper as they keep track of the police logs/arrests and court arraignments. There is nothing that can be done as these records are not privileged.
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How does the prosecution prove that a person was drunk driving?
ATTORNEY ANSWER: Usually the government will prove that you were drunk driving through your driving behavior, performance on the so called “field sobriety tests” and a breath test if you submitted to one. Often times the driving behavior is minor and the performance on the field tests are decent when viewed by an unbiased person, like a juror. Furthermore, often times the breath test may not be admitted be use of a failure to follow procedures. If it is admitted, the breath test can usually be dealt with through an expert.
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The police pulled me over for DUI and they didn’t read me my rights.
Additional Information: Can the police pull me over and then ask me questions about what I’ve had to drink before reading me my rights? This happened to me and I was charged with DUI, now I’m wondering what I should do. I’d appreciate any legal advice. ATTORNEY ANSWER: The police have the right to conduct a threshold inquiry of anyone suspected of drinking and driving. Since you were not in custody Miranda warnings are not required to be given.
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Do I have to take a field sobriety or breathalyzer test?
Additional Information: Do I have to take a field sobriety or breathalyzer test if the police direct me to do so? What happens if I decline taking the test? ATTORNEY ANSWER: There is no requirement for you to take the Field Sobriety tests and there is no penalty for declining to do so. In fact, refusing to take the field sobriety tests is often times a prudent decision because you are then limiting the government’s ability to obtain evidence against you. As far as the breath test, our OUI statute mandates that upon requests you must submit to a breath
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Can I consult with a lawyer before taking a breathalyzer or other test?
Additional Information: After I have been stopped for driving under the influence, can I consult with a lawyer before deciding which chemical test to take? ATTORNEY ANSWER: You do not have the right to consult with a lawyer before you decide to take the chemical test. In fact, you do not decide which type of chemical test to take. Our statute mandates that upon request you must submit to a breath test and the failure to do so will result in a license suspension of 180 to Lifetime.
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Commonwealth v. J.P. – Roxbury District Court (2011) – State Police
Charge: Operating under the Influence of Alcohol (2nd Offense) Result: Not Guilty Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on. As a result the trooper stopped the client and made inquiry. During initial contact the trooper observed the client to have an odor of alcohol, slurred speech and red/glassy eyes. As a result, the trooper requested the client to exit his motor vehicle and perform field sobriety tests. The trooper administered 3 field sobriety tests and concluded that the client was under the influence of alcohol. The client elected to take a
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Can I get my DUI charge removed from my record?
Additional Information: I am 18 years old and was arrested for DUI. I know I made a poor decision to drive but don’t want it to impact the rest of my life. Is there any way a lawyer could get it removed from my record? ATTORNEY ANSWER: There really is no mechanism to have it removed. There is a motion to seal that can be filed if you can demonstrate a compelling interest to seal your record.
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In answering the question “have you ever been convicted of a DUI?” can I say “no”?
Additional Information: I was arrested for DUI in a state other than my legal residence fourteen years ago. I paid the fine, and went to classes and the Judge said that satisfied everything. It has never shown up on my state’s RMV, or insurance, or anything. In answering the question “have you ever been convicted of a DUI,” can I say “no”? ATTORNEY ANSWER: It depends on what state it was and their definition of conviction. For instance, Massachusetts provides for a disposition that is called a continuance without a finding or “CWOF”. This is not a conviction so if
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Is there a national database for states to share DUI information?
Additional Information: My ex-wife got her THIRD DUI, and was allowed a hardship license. Her first two DUI were out of state. Isn’t there a national database for states to share DUI info? She barely lost her license and only spent a few hours in jail. She even got most of the fines waived. I want to tell the RMV before she kills someone. What can I do? ATTORNEY ANSWER: There is a national database but it only applies if you are suspended in another state. You can always alert the Rmv and see what they do with the information.
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What are the penalties for first offense DUI in Massachusetts?
Additional Information: I am waiting for a hearing on my DUI charge and am getting very nervous. My attorney says I will lose my license for a while but will not go to jail. Is she right? Are there set penalties in Massachusetts for first offense DUI? ATTORNEY ANSWER: The penalty for a first offense is usually as follows: probation for one-year, entry into an alcohol education program and a 45-90 day license loss. You would be eligible for a 12 hour license for this suspension period. Unless there was a serious accident with injuries or death, jail is not
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Commonwealth v. M.L. (Boston Municipal Court OUI) Boston Police
Charge: Operating motor vehicle under the influence of alcohol Result: Not Guilty Client was observed by a security officer to be stumbling down the street. The security officer observed client for about five minutes when he observed him enter his motor vehicle. Security officer followed client in his own motor vehicle and observed client commit some marked lane violation nearly striking some parked cars. Security officer called his friend, a Boston police officer, who was working in the same area to come to his location to observe the vehicle. The Boston police officer arrived and observed the client travel for
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Massachusetts doing poor job vs. drunken driving
By Massachusetts OUI Attorney James Milligan Comments regarding the recent article published in the Boston Herald titled Feds: Mass. doing poor job vs. drunken driving (article is included below) Massachusetts does not “scrub” prior OUI offenses. We have a lifetime lookback period in this respect, this is as tough as it gets. For instance, you could have a married father of two who had two prior OUI offense in the 1970’s, who gets arrested today. This person is looking at 150 minimum mandatory sentence with an 8 year license loss. Is this really what we mean when we say we
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Highly Recommended Mass RMV Attorney
“Attorney Milligan was recommended to me by my Attorney, Kevin J. Reddington. Mr Reddington informed me that if I had any chance at all with a favorable DMV Appeals Board hearing it would be with Mr. Milligan. Mr. Reddington was correct. My appeal was successful and I am now on my way to driving again. James possesses a wealth of legal knowledge and is very highly regarded in the Court system. I was informed of the best case scenario and prepared for the worst. Initially James wouldn’t accept a dime until he was sure he could improve my status as
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Braintree MA OUI Attorney: Driver in Death of Braintree Woman Indicted for Homicide
As reported by The BraintreePatch: A Somerville man has been indicted by a Middlesex Grand Jury after a drunk driving accident last summer led to the death of a 29-year-old Braintree pre-school teacher. Sinead M. Lovett was sitting behind Richard Migliacci, 37, on a motorycle on July 9, 2010, when Migliacci allegedly began to drive erratically on Route 28 in Somerville while intoxicated, Middlesex District Attorney Gerry Leone said in a statement released Friday. “It is alleged that the defendant ran a red light on Route 28 near Wellington circle and proceeded to travel at a high rate of speed
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Commonwealth v. S.M. (Plymouth District Court-2011) Hanson MA Police
Charge: Operating under the Influence of Alcohol Result: Not Guilty Client was involved in an accident where his vehicles ONSTAR system called the police. Apparently the person in front of him stopped short for an animal in the road and the client rear-ended the other vehicle. The civilian testified that the client looked dazed but did not notice any indicia of alcohol consumption like slurred speech or an odor of alcohol. Both parties pulled over to a nearby gas station and the police had responded at the that moment. The police officer made contact with the client on the passenger
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Commonwealth v. D.C. (Worcester District Court-2011) Blackstone, MA Police
Charge: Operating under the Influence of Alcohol & Negligent Operation of MV Result: Not Guilty on both Charges Client was observed in the town of Blackstone by a police officer make an abrupt skidding stop for no apparent reason and then pull into a parking lot where the offier was stationary. Client pulled out of parking lot with no problem and the officer pursued him into Warwick, RI. The officer followed the client in Warwick, RI for about 3 miles. He observed the client nearly striking parked motor vehicle and making wide turns on a few occasions. The client eventually
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