One way to get out of a criminal conviction

On April 14, 2008, a Westborough, Massachusetts man was scheduled to go to trial on a charge of 5th offense operating under the influence (i.e. he allegedly had four previous convictions for OUI) or drunk driving.  The witnesses didn't appear due to an error in summoning the witnesses and according to the Boston Channel, he was found not guilty. 

It is not entirely clear, if Bryce Williams was found not guilty or if the case was dismissed - if he was found not guilty it was his lucky day. 

If the Judge only dismissed the charges, Mr. Williams should not discharge his counsel just yet, it is possible that the Worcester County District Attorney's office will re-file the Complaint.  If it is dismissed again, they could appeal the dismissal.  I had a similar case when I was an Assistant District Attorney in Plymouth County, and appealed the dismissal, and because there had been a mix-up with summonses and the troopers had appeared at every other scheduled date, the case was put back on the trial list.

The fact that this story even made the news, just goes to show how much pressure the media is putting on law enforcement, particularly in the wake of Melanie's Law, to prosecute drunk driving cases to the fullest extent of the law.

If you have been charged with drunk driving, call my office at 617-328-6900 or email me to arrange for a free consultation.