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It is similar to, but not technically a guilty plea.
Especially when asked to perform them at night, on the shoulder of the road, in the cold, in the glaring squad car headlights. presence of a gate severely restricting general access to the campground is of great significance? The Commonwealth’s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. E.2d 500] In sum, the status of the pier as a public way is a close question.
We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. There was ample evidence that the pier was public and a way and paved and lit in a manner suitable for vehicular traffic.
There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in the arresting officer’s subjective conclusions regarding your coordination and stability, and the inaccuracy of breathalyzer machines. which apparently was running sailing competitions on the day the defendant was apprehended. Proof of operating under the influence on a public way may ?
Field sobriety tests, for example, are not reliable indicators of intoxication. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out.
Alternative Disposition (2nd Offense OUI) •2 years probation •14 day confined (inpatient) alcohol treatment program paid for by the defendant •License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months.
•As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).
A second DUI is harsher, and often requires going to trial. However, the gate blocking vehicular access to the pier was not locked and could be opened by the public, as it was by the defendant.
A second offense is punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months.
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