Wednesday, April 16, 2014

Massachusetts OUI Law Traffic Attorneys Boston Suspended License

Massachusetts OUI Law

Drunk driving or operating under the influence (OUI) is a serious crime in Massachusetts.  As such, you could face license suspension, steep fines, and even jail.  In Massachusetts operating under the influence (OUI), also known as driving under the influence (DUI), results in mandatory driver’s license suspension.

Below is a sample case of OUI in Massachusetts as interpreted by a lawyer in our firm.

Have you been charged with OUI in Massachusetts and you are wondering what the penalty is in MA? 

Are you concerned about the consequences of being charged with OUI in Massachusetts?

For a lot of our clients, a charge of OUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of OUI in Massachusetts.

If you have been charged with a criminal offense of OUI in Massachusetts and you are wondering what the penalty is in MA, contact our law firm for help. 

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

Kutcher v. Commonwealth

Facts:

Following a de novo hearing in Boston, the motor vehicle board suspended the driver's license. The court found, inter alia, that the board did not commit error of law in its application of § 24(1)(f)(1) and the driver had no statutory basis for requesting review of the matter. The driver's refusal to submit to a chemical test when she was arrested for operating under the influence (OUI) in 2006 served as the basis for the enhanced license suspension of five years in light of the driver's two prior OUI convictions or admissions to drug treatment programs. The driver failed to show why she did not produce the police department reports at the board hearing. The certified copies of Arizona Motor Vehicle Division documents coupled with a matching photograph of the driver and her own admission that she paid a reinstatement fee constituted substantial evidence that the driver was the same person who was convicted of OUI in Arizona in 1998. Accordingly, her license was properly suspended.

If you are facing a traffic case in Massachusetts, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Massachusetts Court made the following holding:

  •   A court will not review evidence not presented at an agency proceeding and thus not in the record unless the party attempting to introduce the evidence shows good reason for not presenting it at the proceeding. Mass. Gen. Laws ch. 30A, § 14(5)-(6).   A driver's license suspension hearing is limited to the issues of whether the police office had reasonable grounds to believe that the person had been operating a vehicle under the influence, whether the person was placed under arrest, and whether the person refused to submit to a chemical test. Mass. Gen. Laws ch. 90, § 24(1)(g).
An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. The lawyers in our law firm have the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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About Mr. Gilmore

Mr. Gilmore earned his law degree at Boston University School of Law, one of the top law schools in the country. He obtained his undergraduate degree at Assumption College with a double major in Political Science and Philosophy. Prior to attending law school, he was a Bodily Injury Claims Adjuster with a large national insurer. Mr. Gilmore’s previous legal experience includes the Cape and Islands District Attorney’s Office and the Committee for Public Counsel Services-Trial Division. More about Gilmore

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