An often overlooked element in OUI cases is operation of a motor vehicle. In Massachusetts, in order to prove operation for an OUI charge, the government must prove beyond a reasonable doubt that:
- The Person is in the Vehicle; &
- Intentionally Manipulates some Mechanical or Electrical Part of the Vehicle;
- Which Alone or in Sequence, will set the Vehicle in Motion.
Operation will unlikely be an issue if the police observe someone driving on the highway, but it may become an issue if the person is observed standing outside of the motor vehicle . As a result, if you find yourself charged in such a situation, it is important to hire an OUI Lawyer who has handled cases on both sides of the law. Contact Attorney Shane W. Surrette at (774) 364-4605, or at email@example.com today.