The post Why the Lawyer You Choose for Your Massachusetts OUI Case Is the Most Important Decision You Will Make appeared first on Massachusetts Criminal Defense Lawyer Blog.

Should you take the breath test:  This is one of the most difficult decisions people face in an OUI case—and it often has to be made in a matter of seconds.  The answer really depends on is the case still winnable even without a breath test and can you get a ride to work while Attorney DelSignore fights your case; if you cannot manage without driving, refusing may not be the best decision for you.  The decision whether to take or refuse a breath test is made quickly; you did not expect to be arrested.

You are pulled over.
You are placed under arrest.
The officer asks you to take a breath test.

The post First Offense OUI in Massachusetts: Should You Take the Breath Test or Refuse? appeared first on Massachusetts Criminal Defense Lawyer Blog.

If you blew over a .08, it is easy to assume the case is over.
That is one of the most common—and most damaging—assumptions people make after an OUI arrest.

In Massachusetts, a breath test is important evidence. But it is not the entire case. And it is not automatically enough to convict you.  The breath test is not automatically admissible in Court; breath test cases take longer but you are able to drive while the case is pending as the license suspension is only 30 days.  Attorney DelSignore cannot guarantee any result but he has been highly successful winning cases with breath test results.

The post Can You Be Convicted of OUI in Massachusetts Based Only on a Breath Test? appeared first on Massachusetts Criminal Defense Lawyer Blog.

1. Penalties for a Second Offense OUI in Massachusetts

When you face a second OUI, the stakes rise dramatically. Below is a breakdown of the common penalties you may encounter:

The post Second Offense Massachusetts OUI everything you need to know from DelSignore Law appeared first on Massachusetts Criminal Defense Lawyer Blog.

In this Blog post, Massachusetts OUI Lawyer Michael DelSignore discusses how he defends OUI cases in Court.  Attorney DelSignore has been recognized for his work on OUI Defense by SuperLawyers Magazine 4 years in a row as a top OUI Lawyer.  This magazine ranks lawyers throughout Massachusetts.  In this post, you will learn how Attorney DelSignore defends and OUI case and what are some of the methods that have lead to his successful defenses over the past 20 years.

Preparing a winning defense to your case requires a full evaluation of the case to determine the key facts in dispute. It is generally a bad strategy to challenge everything that the officer wrote in the report; more successful defense strategies attack the credibility or conclusions of the officer at the key points in dispute. 

The post Best Defenses to a Massachusetts OUI charge from DelSignore Law appeared first on Massachusetts Criminal Defense Lawyer Blog.

General Penalties and Court Costs

If you are convicted of OUI in Massachusetts or admit to sufficient facts and receive a CWOF on a first offense OUI, you will have to pay the following costs associated with your drunk-driving conviction: 

The post Massachusetts OUI License Suspensions for every offense Level–From DelSignore Law appeared first on Massachusetts Criminal Defense Lawyer Blog.

Common Terms used in Court when Facing an OUI

Like any industry, the legal profession uses certain terminology when discussing cases and court appearances. In this Chapter, I have defined common terms for people charged with drunk driving to help you understand the language used in court. 

The post Arrested for OUI in Massachusetts: Learn what common terms used in Court mean so you can be more informed from DelSignore Law appeared first on Massachusetts Criminal Defense Lawyer Blog.

In the case of Commonwealth v. Zucchino, the defendant was indicted and had a case in Salem Superior Court involving OUI-manslaughter, OUI serious bodily injury and leaving the scene of death among other charges.  Following the accident, the defendant was taken to the hospital where his blood was drawn.  After the blood draw, the State police applied for a warrant for the blood and tested the blood at the State police laboratory.  There are two possible blood draws in this case. First was the blood draw by the hospital and second the testing of the blood by the State police.

It was the testing by the State police without the defendant’s consent that was the subject of the motion and SJC argument.  A similar case also argued on the same day before the SJC was Commonwealth v. Cappellucci.  This case was heard in the Framingham District Court and alleged OUI serious bodily injury.  The defendant was also charged with OUI-drugs serious bodily injury.  In the

The post Admissibility of Blood test evidence in OUI Serious Bodily Injury cases addressed by Massachusetts SJC appeared first on Massachusetts Criminal Defense Lawyer Blog.

In Commonwealth v. Oscar De Los Santos, the question of whether his Miranda rights are valid arises because they were not read to him in his first language, Spanish. A simple assumption about what was said in a language that witnesses do not understand cannot satisfy the Commonwealth’s burden of proving the Miranda requirement beyond a reasonable doubt. The Massachusetts Supreme Judicial Court will address this issue in Commonwealth v. De Los Santos.  The SJC hear oral argument on this case in March of 2023.

Spanish is the only language that Mr. de los Santos speaks and understands. In moving to suppress his statements before trial, Mr. de los Santos contended that he did not receive the Miranda warnings. The only pretrial evidence concerning Spanish-language warnings came from officers who cannot speak or understand Spanish.

The post Should Miranda rights be read in Spanish in a Massachusetts OUI arrest appeared first on Massachusetts Criminal Defense Lawyer Blog.

What is Rule 17 in Massachusetts and why is it a bar for the defense to gather evidence?

The trial of Karen Read involves a bold defense that the police got the investigation wrong, are covering up for their own officers and tried to pin a murder on Ms. Read that she did not commit.  The defense has asked for cell phone records to prove their theory of the case and to establish the defense that a cover up is going on to hide the true manner in which Officer John O’Keefe was killed. 

The post Massachusetts Criminal Defense Lawyer comments on the Karen Read case and the defense request for cell phone records under Rule 17 appeared first on Massachusetts Criminal Defense Lawyer Blog.