How Can I Defend My OUI Charge?
We love fighting charges! We have represented many people who have been falsely accused of an OUI, who have been charged woth OUI based upon flimsy or inadequate evidence or who have had their constitutional rights violated (which may lead to the exclusion of certain evidence or outright dismissal of the charges).
We can tell you that, in our years of experience as criminal defense lawyers in Massachusetts, DUI cases are absolutely winnable with the right facts. In these cases, it is particularly important to hire an experienced OUI trial attorney who has dealt with and litigated these issues previously.
A careful analysis of the facts of your case is required before making the decision to risk a trial and we can help you make this decision. Some of the issues we look for are:
- Are there any issues with the initial stop of the vehicle? If you are pulled over for a moving violation, without additional factors, delaying a traffic stop after issuing a traffic citation is unconstitutional. In order to extend the stop, including an order to get out of the car (an "exit order", usually to perform Field Sobriety Tests), the police must have either “an objectively reasonable concern for safety of the officer" or "a reasonable suspicion of criminal activity". It is not uncommon for the officer to have no justification to order you out of the car.
- If there was a search of the car, was it unconstitutional? Search and seizure law is very complicated, but there are constitutional limits on when, where and to what extent the police can search you or your car.
- If either the exit order or the search were illegal, we would file a Motion to Suppress evidence which, if successful, would likely lead to the dismissal of your charges.
- If you agreed to take Field Sobriety Tests (never agree to these), did the officer do them as required by his training? We routinely obtain the training materials used by the officer at the State Police Academy and there are frequently discrepencies between the way the tests were conducted and the way the officer was trained to do them. "Failing" Field Sobriety tests is a matter of opinion and I have cross-examined hundreds of officers in order to undermine this opinion.
- If you agreed to to take the breathalyzer test, was the officer properly trained to operate the machine? Was the machine properly maintained, calibrated and used correctly? Most of the time, there are no issues here, but it is worth pursuing if the goal is to obtain a dismissal or Not Guilty.
- After every effort is made to exclude or limit the evidence against you, it is possible that we could file a Motion to Dismiss the charges entirely or be in a position to take the case to trial, where the issue becomes whether the prosecution will be able to prove the "elements" of the offense beyond a reasonable doubt.
We have defended many people who were arrested for OUI illegally or without sufficient evidence, and we are experienced, successful criminal defense trial attorneya. If you want to fight your charges, please call or text (617) 723-4163 to discuss your options.