Massachusetts Legal Developments Blog

Alleged Drunk Driver Arrested after Sideswiping a Police Car

A Wilmington was arrested on July 23rd after he allegedly struck a parked MBTA Transit Police Cruiser in South Boston, according to a report published in the Boston Globe. Apparently, the man sideswiped a cruiser that was occupied by an MBTA officer at the time of the incident. The officer pursued the man and pulled him over at the corner of West Broadway and A Street. He is facing allegations of driving without a license, operating under the influence of liquor, and leaving the scene.

An OUI Conviction can have serious legal and collateral consequences

Drinking and driving is a serious criminal offense in the state of Massachusetts. Like many other states in the country, Massachusetts law has grown increasingly strict in regard to impaired driving over the past few decades and the authorized penalties grown significantly more severe. People who are accused of driving under the influence of alcohol may be facing serious legal sanctions, including the following:

  • Probation

  • Significant fines

  • Community service

  • The mandatory installation of an ignition interlock device on your vehicle

  • Drug and alcohol counseling and education

  • The suspension of a driver’s license

  • Jail time

In addition to the penalties imposed by the court, people who are convicted of OUI can experience significant collateral consequences as well. The term “collateral consequences” generally refers to non-judicial penalties that a person may experience as a result of the existence of a criminal record. Some of the kinds of collateral consequences that a person convicted of OUI may experience include the loss of a job, issues obtaining certain state-issued licenses, inability to rent an apartment, ineligibility for certain government benefits, and other sanctions imposed by your employer or educational institution.

There are often legal defenses available in Boston OUI cases

It is important for people who have been accused of drunk driving to remember that an arrest is not the same thing as a conviction. In many cases, there are several defenses that an experienced criminal defense attorney may be able to raise. Some of the most common include the following:

  • The introduction of evidence that indicates that any observed signs of intoxication were due to an alternative explanation, such as allergies or an underlying medical condition.

  • Arguing that any chemical testing of your blood, breath, or urine was inaccurate, improperly administered, conducted by a party that lacked sufficient training, or that the sample was somehow mishandled.

  • Arguing that the initial traffic stop was invalid.

  • If your arrest was the result of a DUI checkpoint, introducing evidence that the checkpoint did not comply with legal requirements.

Contact a Boston criminal defense attorney today to schedule a free consultation

People who are accused a drunk or drugged driving in Massachusetts are generally facing serious legal penalties. Fortunately, in many cases, the assistance of an experienced attorney can help OUI defendants obtain a favorable result in their case. Massachusetts attorney Edward R. Molari is an experienced criminal defense lawyer who is committed to protecting the legal rights of individuals accused of crimes. To schedule a free consultation with Mr. Molari, call our office today at 617-942-1532.

 

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