If you are convicted of drunk driving in Massachusetts the penalties can be extraordinarily severe. For example, if convicted of a first offense, you may be sentenced under M.G.L. c. 90 s. 24D, which includes: probation for not more than two years, an alcohol education program, thousands of dollars in fees, and an accompanying license loss. If not sentenced under 24D, the potential penalty includes up to 2.5 years to the House of Correction and/or not less than$500 nor more than $5,000 in fines and a 1 year license loss.
If convicted of a second offense for drunk driving, the potential penalty includes probation for 2 years, a 14 day in-patient residential alcohol program, statutory fees, and a 2 year license loss with an ignition interlock device requirement. If convicted and not sentenced under the second offender disposition, the penalty includes a mandatory minimum sentence of 30 days and up to 2.5 years, with a potential fine of not less than $600 nor more than $10,000.
If convicted of a third offense for drunk driving, the penalties include imprisonment for a mandatory minimum 150 day sentence, with a maximum penalty of up to 5 years in state prison, and a find of not less than $1,000 nor more than $15,000, in addition to an 8 year license loss. The terms of incarceration and accompanying license loss increase even more dramatically for convictions beyond a third offense.
As a result, if you or someone you care about is charged with drunk driving, contact a Massachusetts Drunk Driving Lawyer who will fight for you. There is a lot riding on your decision.
Now that we have finally reached the summer season, many of us will be attending and celebrating at Fourth of July parties. If you attend such a celebration and consume alcohol in any amount, here are a few things to remember from an OUI Lawyer, if you decide to operate a motor vehicle.
First of all, the police may pull you over for any observed civil motor vehicle infractions. These may include speeding, crossing over marked lanes, or failing to signal. Additionally, if you are stopped, the police are going to observe and make note of your every move for signs of alcohol impairment. This is especially true as we approach the Fourth of July.
Similarly, if you operate a motor vehicle after consuming alcohol in any amount and this is noticed by the police, they will almost undoubtedly ask you to exit the vehicle and perform field sobriety tests. The police officer will make note of how you exit the motor vehicle, and of how you follow instruction and maintain balance on these tests. It is important to note, however, that you are not required to perform these tests, and any refusal to perform such tests can’t be used by the Commonwealth in their case in chief.
Finally, and oftentimes most importantly, is that if you are arrested for OUI in Massachusetts, the police will offer you the opportunity to take a breathalyzer test. It is essential to know that you are not required to take the breathalyzer test in Massachusetts, and a refusal to do so can’t be used against you by the Commonwealth in their case in chief. The consequence of a chemical test refusal, however, is a license loss that can range anywhere from 6 months to life depending on the number of prior OUI offenses.
As a result, if you or someone you know is charged with OUI during the summer or holiday season, contact an OUI Lawyer who can help. Don’t wait until it’s too late, make the call today.
If you are charged with a drug crime in Massachusetts, you may be facing a mandatory minimum sentence. For example, trafficking in cocaine between 18-36 grams carries with it a 2 year minimum mandatory state prison sentence, with a maximum 15 year state prison sentence, and a potential fine from $2, 500- $25,000.
Similarly, trafficking in heroin between 18-36 grams carries with it a minimum mandatory state prison sentence of 3.5 years with a maximum sentence of 20 years, and a potential fine between $5,000-$50,000.
Additionally, conspiracy to violate the above referenced charges carries with it the same penalty as the underlying charge. For instance, conspiracy to traffick in cocaine between 18-36 grams carries with it the same 2 year minimum mandatory sentence, with the 15 year maximum that the trafficking charge carries.
As a result, if you or someone you know is charged with such an offense, contact a drug crime attorney who knows the legal defenses. Don’t hesitate, the sentences are too severe.
If you are charged with a home invasion in Massachusetts, the potential penalty is severe. The statute carries with it a sentence of not less than 20 years imprisonment and up to life. The court may impose probation on a home invasion charge, but if there is a violation and a sentence of imprisonment is imposed, it will be for at least 20 years.
To prove a home invasion in Mass., the Commonwealth must show that there was entry upon the dwelling house of another; at a time that the defendant knew or had reason to know that someone was present in the dwelling; while armed with a dangerous weapon upon entry; and finally that force was used upon any person within the dwelling, or any person within was threatened with the use of force, or injury was caused to any person within the dwelling.
It is important to note that the dangerous weapon element doesn’t require that the weapon be a firearm or a knife, it can be any item if intentionally used in a manner that death or serious bodily injury might result from its manner of use.
As a result, contact a criminal defense attorney Massachusetts today. Your freedom may depend upon it.
If you are charged with a DWI in Massachusetts the penalties can be severe. Not only are the legal consequences significant, but the license consequences are equally troublesome. A DWI first offense carries with it a 45-90 day license loss upon conviction or admission that is in addition to the 30 day failure suspension or the 180 refusal suspension.
Additionally, for a second offense DWI conviction, the license loss is for 2 years, which is on and after a 3 year license suspension if there is a breathalyzer test refusal. A third offense OUI conviction carries with it an 8 year license suspension, which would follow a 5 year suspension if there was a refusal to take the breathalyzer test.
Furthermore, if you are convicted of DWI fourth offense you will lose your license for 10 years, and if you refuse the breathalyzer test on a fourth offense, your license will be revoked for life.
With these potential consequences accompanying an allegation of DWI, it is important to hire a DWI lawyer that will fight for your record and your license. Don’t take the charge lightly, there is too much riding on it. Contact Attorney Surrette, a Worcester Lawyer DWI.