Home -> Articles -> OUI Case With Accident

Call for a Free OUI Consultation! (781)380-7730

Massachusetts Drunk Driving Laws & Penalties

2nd Offense Drunk Driving Laws & Penalties

14 Reasons to Fight Your DUI in Court

OUI Case Wins Here is a list of cases just like yours and what happened. Not Guilty results and dismissals.

DUI Cases - Frequently Asked Questions

3 Reasons Why Some People Plead Guilty

How Police Mistakes in DUI Arrests Can Help Your Case

Should I Talk to the Police After I am Arrested?

The Police Officer Lied in My Case!

What will it cost to hire you?

Why Hire Russell Matson?

9 Mistakes That Make Your DUI Case More Difficult

9 Reasons Why You Can Fail Field Sobriety Tests - Without Being Drunk!

Top 9 Lawyers Mistakes in Defending DUI Charges

What happens in an OUI court case? What is the arraignment, the pretrial, and other court dates?

OUI Cases with a Car Accident

You were charged with an OUI after a car accident. Does that mean you can not win the case?

Yes, you can still beat the charge. An auto accident does not mean a case is impossible to win. 

However, if you were in a car accident, it may make fighting an OUI case more difficult.  

When there is an accident, a judge or jury may infer that the defendant's driving was dangerous or impaired, or they wouldn’t have gotten in an accident in the first place. Also, if you hit somebody, or hit another car and there was some damage, there may be a natural human tendency for a judge or jury to think that because something bad happened, they may be more inclined to find someone guilty or feel the need to blame someone. 

Explanations for Failed Tests or Erratic Behaivor

But all is not lost.  If you just had an accident, as your attorney, I can suggest that that may be a perfectly good explanation as to why they did not do well on the field sobriety tests. You could have been hurt,  or more often you are likely very shaken up after a traumatic event, especially in a bad accident, or if an air bag has gone off.

With all that adreneline pumping through you, you may be in no condition to do field sobriety tests. You are shaking and nervous. And the stress and shock of the accident may explain any unusual behavior observed by the officer or witnesses, that they may have mistaken for you being drunk or impaired.

A Recent Case I Won

I had a case recently where the incident started with my client taking a left turn in front of a car and getting in an accident with a pregnant woman. This testimony was certainly not the best way to start off a trial. Part of my defense was that reason he didn’t do perfectly on the field sobriety tests was because he was in an accident and he was shaken. 

That client was found not guilty of a 4th offense OUI, so just because my client had an accident doesn’t automatically mean he was screwed. 

As in any OUI case, we always point out all the things you did correctly, that are not consistant with being impaired. In that case the prosecutor tried to make a big deal about the fact that he didn’t pull over right away right after the accident, he pulled sort of 30 or 40 feet  sort of off the road and into an apartment complex. 

In every case that I fight, I like to point out everything that my client did that was right or that points to sobriety or showed good judgment.  What I argued in that case was that pulling 30 or 40 feet away actually made perfect since because he pulled away completely away from the line of traffic in a place that he wasn’t obstructing anyone.

But drunk driving cases with accidents are always more complicated. Give me a call to discuss the specifics of your case, and I'll go over the facts with you, and explain how I can help, and how likely it is that I think we can win the case.

---

Home | About the Attorney |  Contact Us

All content © 2011 The Law Offices of Russell J Matson, PC