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Massachusetts Third Offense OUI PenaltiesI have been charged with a third offense OUI? What should I do? If somebody is charged with a third, fourth or even a fifth offense OUI in Massachusetts, the stakes are much higher that for a first or second offense. You are looking at mandatory jail time for a minimum of 5 months if you are found guilty. There are two ways to handle 3rd (or 4th) offense OUI cases: Fight the Case: The first one is to take the case to trial and (hopefully) win with a not guilty, or a dismissal. Most of the time, this is the best strategy to pursue. The advantage of fighting the case is obvious if we win. It is off your record, no probation, and no additional license loss. And I win over 2/3s of the cases I fight. The disadvantage of taking the case to trial is that you don't always win. Unfortunately, no lawyer can guarantee a win in court. Some cases are better than others, and juries can be unpredictable. And when you lose a third or fourth offense OUI, there is a substantial risk that you are going to go to jail. If the Commonwealth can prove all of the prior offenses you are absolutely going to go to jail because a minimum penalty on a 3rd offense OUI is 5 month mandatory and a fourth offense OUI is a year mandatory. The other option is to try to work out a plea deal in the case. This is a logical option if there is a chance to avoid jail time, and this is something I've had success with. As you can see in some of my actual case results, I've had a bunch of 3rd and 4th offense charges knocked down to 2nd and 3rd offenses, reducing and eliminating jail for these charges. Challenging the validity of the prior offenses is a strategy I've had success with. Proving Prior OUI ConvictionsIt is the job of the state to prove beyond a reasonable doubt that you were convicted of a prior OUI, and in order to do that they need to get the paperwork from any prior offense you may have. To actuall produce the paperwork from prior convictions can be more difficult than it sounds, especially with old prior OUIs. The older the conviction, the worse the paperwork is. If it is not complete, I can argue that just because somebody with the same name as you was convicted of an OUI that isn’t enough proof. If they don’t have a matching picture, a matching Social Security number, a matching date of birth, or if the address isn’t the same I can argue that they really didn’t prove it was you. I understand that when your future is on the line, and you face a real threat of jail time, these decisions are extremely difficult. Sometimes working out a deal makes sense, if:
Another drawback of working out a deal is, usually if you work out a plea for no jail time, you are still looking at a very long loss of license from the registry. But, certainly taking the possibility of time in jail off the table makes a plea agreement a good deal and a happy outcome for many people. And sometimes, the prosecution won't offer a decent deal, won't take jail off the table, and can sufficiently prove the prior offenses. In situations like this, it makes sense to take a shot at a trial, as the only possibility to win. If the consequences of losing a trial and being found guilty by a jury are no worse than the deal being offered, it is worth going for the win. Please call me to talk about any multiple offense DUI charge, and I'll give you my absolute honest, no bull assessment of your case: Whether I think I have a good shot to win it, or work to find a deal you can live with. Massachusetts 3rd Offense OUI Laws & Penalties
Massachusetts 4th Offense OUI Laws & Penalties
Please contact me for a free case evaluation and legal defense consultation on any 3rd or 4th offense drunk driving charge. Attorney Russell Matson Home | About the Attorney | Contact Us © 2010 The Law Offices of Russell J Matson, PC 44 Adams St, Suite 5 |