Cape Cod DUI Lawyer
Arrested, charged or being investigated for DWI/OUI in Massachusetts? Thinking you should just go to court and plead Guilty and get it over with? It is critical that before you make a decision that could potentially have a long-lasting negative impact on your life that you consult with an experienced DUI/OUI attorney. Cape Cod Criminal Defense Attorney Matthew P. Kelley has successfully represented hundreds of people charged with DUI/OUI in Massachusetts. Attorney Kelley utilizes his extensive experience as both a Prosecutor and a Criminal Defense Attorney in determining a strategy of defense specifically tailored to the needs of each individual client. What is the right strategy for one client is often not the right path for another.
Operating Under the Influence of Alcohol (OUI) is a criminal offense in Massachusetts punishable by up to two and half Years in the House of Correction and significant probation. Any admission of wrong doing will result in an immediate license loss and can involve education classes, inpatient treatment or in the more serious cases jail time.
But by hiring Cape Cod Criminal defense attorney Matthew P. Kelley you may be able to avoid those severe penalties. The burden of proof in a criminal case is always on the government. Just because you have been charged with a crime does not mean that you have done anything wrong. You are presumed innocent unless and until the government proves, beyond a reasonable doubt, that you are in fact Guilty. Beyond a reasonable doubt is a very difficult standard for the government to meet. By hiring an experienced criminal defense attorney like Matthew Kelley, you are ensuring that every possible defense will be explored.
In order to prove someone Guilty of DUI/OUI in Massachusetts, government has to prove three things beyond a reasonable doubt. If the government cannot prove ANY ONE of these three things below beyond a reasonable doubt then a judge or a jury is required to find you NOT GUILTY. The three things the government is required to prove are:
Operation- Can the government prove that you operated a motor vehicle? Operation in Massachusetts includes the usual things we often think of as operating such as driving down the road but can also include things such as sitting in your car with the engine running. Does your case have an issue with operation? Were you out of the car when you first encountered the police? Contact Cape Cod Criminal defense Matthew P. Kelley for an analysis of whether the government can prove that you operated your motor vehicle.
Public Way- Can the government prove that your motor vehicle was operated on a public way or a place that the public has a right of access? Was your car off the road surface or perhaps you were on a private road? Was the car in the parking lot of a closed business? If you have been arrested or charged with a DUI/OUI in Massachusetts and you have a question about whether the government can prove you operated your car on a public way you should contact Cape Cod Criminal Defense attorney Matthew Kelley for a full review of the issue before making a decision to plead Guilty.
Intoxication/Under the Influence of Alcohol- The final thing that the government is required to prove beyond a reasonable doubt is whether at the time that you operated a motor vehicle on a public way that your ability to operate a motor vehicle was impaired by the consumption of alcohol. This does not require you to be drunk but only requires you to have consumed enough alcohol to reduce your ability to operate a motor vehicle safely. This is most often proved by the government through the testimony of officers trained in alcohol detection or by the admission of a properly admitted breathalyzer reading of .08 or greater.
The under the influence element is most often the most contested at trial. The government urges juries and judges to accept opinions of police officers based on limited interactions with nervous people at the roadside often in the middle of the night. An experienced criminal defense attorney will challenge those opinions. There is often more than one reason why a person is unsteady on their feet or why their eyes may appear bloodshot and glassy. By asking the proper questions about the officer’s training and experience and presenting evidence in the light most favorable to his client, Attorney Matthew Kelley has turned what appears to be a difficult situation for his client into positive result over and over again. Contact him today to see if he can do the same in your situation.
A conviction or an admission of Guilt to a first Offense OUI/DUI in Massachusetts will result in a 45 day license loss and fines and fees in excess of $1,500 along with probation supervision for at minimum one year and a requirement to attend and complete a 16 week alcohol education course.
A conviction or plea of Guilty to a Second Offense OUI/DUI in Massachusetts will result in a two-year license loss and potentially 90 days in the House of Correction. At the very least, a plea of Guilty will result in a mandatory two week inpatient program at a locked facility. Any re-instatement of a driver’s license will come with the requirement to install an ignition interlock device in your car and limited hours of operation of the motor vehicle. Probation will generally last for at least two years and the fines and fees exceed $2,000.
Conviction for a third offense DUI/OUI or greater carries minimum mandatory jail sentences and significant license loss while still dealing with fines and fees in the thousands. A third offense or greater conviction also is a felony under Massachusetts law.
For more information about what to do if charged with a DUI/OUI in Massachusetts contact Attorney Matthew Kelley for a free consultation today.