


EACH OUI/DWI CASE IS UNIQUE. THIS LIST OF FREQUENT INQUIRIES AND RESPONSES IS NOT MEANT TO STAND IN THE PLACE OF AN ATTORNEY/CLIENT INTERVIEW. IF YOU HAVE BEEN ARRESTED AND YOU HAVEN'T YET CONTACTED AN ATTORNEY WITH EXPERIENCE IN HANDLING THESE MATTERS, STOP NOW AND DO SO!!! ***************************** WHAT IS A "CWOF" ? A 'CWOF' stands for a ' Continuance Without a Finding', a legal term meaning the defendant does not contest the allegations as alleged, admitting that he/she did in fact commit the offense(s) as charged. While not a conviction, persons charged with an OUI/DWI subsequent offense after previously receiving this disposition, will be charged as a subsequent offender. WHAT COURTS DO YOU WORK IN? I represent persons in all Massachusetts Courts. While many courts have their own nuances,the rules we play by are essentially the same. An attorney with experience in defending DWI and OUI cases is likely to achieve optimum results regardless of the setting of the case. IF I AM STOPPED BY A POLICE OFFICER WHO ASKS ME IF I'VE BEEN DRINKING AND ASKS ME TO PERFORM 'FIELD SOBRIETY' TESTS,WHAT SHOULD I DO? *You do not have to answer questions. *You do not have to exit the vehicle. *You do not have to submit to field sobriety tests. *You should be respectful, polite, and courteous (in as few words as possible)to the officer. * You are under no obligation to take the breath test. Every day, people are charged with OUI/DWI offenses. In many instances,the client's agreement to perform tests and statements made in a futile attempt to talk himself out of a situation produce evidence that is extremely harmful to the defense of the case. Many times the phrase "IF I HAD JUST SHUT MY MOUTH" is uttered by a client who chose not to exercise the rights he is afforded. I HAVE ONE PREVIOUS OUI CHARGE MANY YEARS AGO. I WAS PLACED ON PROBATION AND COMPLETED THE 'ALCOHOL EDUCATION PROGRAM'. AM I PROPERLY CHARGED AS A 2ND OFFENDER? Yes, the so-called "10-year lookback" has been eliminated in favor of a "lifetime lookback". CAN I GET MY LICENSE BACK IF SUSPENDED FOR REFUSING OR FAILING A BREATH TEST? Yes, possibly, by initially appealing the suspension to the Registry of Motor Vehicles within 15 days of the suspension. Though the success rate at the registry is not that great, this appeal does start into motion an opportunity to appeal an adverse decision at the RMV to the District Court where you were charged if you feel you have a meritorious claim. DO I GET A 'TEMPORARY 15-DAY LICENSE BEFORE THE SUSPENSION BEGINS FOR A BREATH TEST FAILURE OR REFUSAL? No, the 15-day temporary license provision has been eliminated by recent legislative changes. HOW DO I GO ABOUT SELECTING AN ATTORNEY TO REPRESENT ME? Persons facing alcohol related charges or other criminal charges should wisely invest time gathering information about the attorney's experience, number of trials he/she has had, and, among other things, how much of the attorney's practice is in representing similarly situated individuals charged with OUI/DWI/DUI or other criminal charges. An attorney may "handle" these types of matters, may have done a good job at your recent real estate closing,divorce, or other business matter, but has had very little trial experience and is unfamiliar with the nuances of the ever-changing drunk driving laws in Massachusetts. Simply put, there are too many potential pitfalls leading to license suspensions, driving restrictions, increased insurance costs, and even jail sentences not to find out your lawyer's qualifications before you hire him/her. WHAT ARE YOUR FEES? You're going to ask. I'll do my best to tell you. Legal fees for these cases vary based on the client's decision whether to contest the case, registry issues, legal issues relating to potential exclusion or suppression of evidence, the experience of the attorney,and the amount of time necessary to achieve the best result for the client. Depending on these factors, legal fees range from as little as several hundred dollars to several thousand dollars. In other words, it's nearly impossible to provide a general answer to this question without knowing a lot more about the alleged facts and the client. Whatever the circumstances, reasonable legal fees charged by this office are explained, in full, in writing, prior to representing a potential client. ****************************************** |


| Honest And Zealous Defense of Your OUI/DWI/Criminal Case In All Massachusetts Courts |
**DISCLAIMER**The information contained on this web site is not intended to be construed as the providing of legal advice specific to any one person's legal matter, nor is it intended to form an attorney-client relationship. In accordance with applicable ethical rules governing attorneys in the Commonwealth of Massachusetts, Mr. Lane insists that a written agreement be in place prior to representing the interests of any client.** Copyright ( 2007-2011): George E. Lane III, Esq. |
