Massachusetts Driving Laws

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.

Do you need a lawyer if you are arrested?

A question I get a lot, is "Do I really need a lawyer?  Can't I just handle this myself?"

Well, what if you broke your wrist?  Would you set it yourself? Having a broken wrist that doesn't heal properly, probably won't kill you (disclaimer: I am in no way a doctor and am not saying that it couldn't kill you). It would be better if you had a knowledgeable doctor (probably not a neurosurgeon or psychiatrist) to examine the x-ray, and monitor the healing process.  I use the doctor analogy because I would have no idea what to do if I broke a bone (besides call a knowledgeable professional).

If you get arrested, you need someone who knows the system to guide you through it and advocate on your behalf.  You need a criminal defense lawyer, not an Estate or Real Estate lawyer. 

What will a lawyer do for you if you are arrested for drunk driving?

• Advise you on the process, from telling you where to stand or sit when you are in court, to explaining the court process from arraignment, through pre-trial, motions sessions and bench or jury trial.
• Talk to the Assistant District Attorney or the Police Prosecutor.
• Gather the evidence.
• Review the evidence against you and determine if there are valid motions to dismiss or suppress.
• If you take a Breath Test, your lawyer can determine if the machine was operating properly.
• Most importantly a lawyer Will make sure that your rights are protected!

I'm familiar with the local Massachusetts courts, it's not new to me even though it is often a very new and intimidating process for my clients.  Most people (including lawyers) only set foot in the local court house when they have jury duty.  If you have been charged with a criminal driving offense in Massachusetts, first - do not speak to the police, and if you have already, don't speak to them anymore, second, call me at 617-328-6900 or email me for a consultation.

What happens at arraignment?

Arraignment is when you are officially charged with a crime in front of judge. 

You get to arraignment one of three ways.  The first way is a little less pleasant.

1. Worse case scenario - You are arrested and brought to court either the same day or the next day.  Here are a few scenarios where this can play out:

• You get arrested sometime early in the morning, are booked at the police station and brought to court.
• You get arrested at night, are booked at the police station and are brought to court when it opens in the morning.
• You get arrested on Friday after 3 p.m., are booked, are held in jail over the weekend (hope it is not a long weekend) and are brought to court when it opens on Monday or Tuesday morning.

2. You get arrested, are brought to the police station and get bailed out of the police station on the night (or at the jail if you are being held over the weekend) and are allowed to appear in court the next time that court is in session (the next morning or first thing during the week).

The fee for the bail clerk is 40.00.  You will also have to pay any additional bail money that the clerk (who comes to set bail) deems appropriate.  If you are lucky, it will only cost you 40.00 to go home and take a shower, sleep and change before court.

3. You get arrested and are brought to the police station.  You get a summons to appear at court for a clerk's hearing.  The police department will present evidence to the Clerk Magistrate that probable cause exists to charge you with a crime.  If probable cause is found, you will be summonsed to arraignment.

No matter how you get to arraignment, this is generally what happens:

• You will dress as though you are going to an important business meeting or church.
• You will arrive at court and check in with the probation department.
• You will find out (either via a posted list or asking in the clerk's office or from your lawyer) which courtroom to go to.
• You will go and sit quietly in the courtroom until the clerk calls your name.
• After the clerk reads the charges, you will answer 'not guilty', you will either be assigned a court appointed attorney (if you qualify) or you will be told that you should hire your own attorney - or be told you can represent yourself.
• You will get a date from the clerk to appear for pre-trial conference.

If you aren't going to qualify for a lawyer you can hire you own.  You should hire an attorney who is experienced in criminal matters.  If you have been charged with a crime, drunk driving, operating to endanger or another offense call me at 617-328-6900 or email me to set up a consultation.