Most Operating Under the Influence and DWI cases are prosecuted
in the District Court which serves the city or town where the alleged
offense occurred. 3rd offenses or higher, as well as other felony
motor vehicle charges , are at times, prosecuted in the Superior Court
of the respective county.
District Court cases, from arrest to trial, can take as little as 2-3
months to over a year. Many factors, including the complexity of the
legal issues involve, court scheduling, and witness availabilty all
contribute to the time needed to take a case through the court
process. In general, time is on the side of the person charged.
Witnesses'  memories tend to wane over time, making the
prosecution's job in proving its case more difficult.
Most OUI cases are defended on many levels for many reasons. An
increasing number of these types of cases are being successfully
defended by talented and knowledgeable lawyers who practice daily
in this area.
Due to the severity of fines, probation terms, license losses,
mandatory jail sentences, and other collateral consequences such as
the loss of employment, more and more DWI/OUI cases are being
contested, successfully!
PERSONS CHARGED WITH ALCOHOL-RELATED MOTOR
VEHICLE OFFENSES SHOULD SEEK THE ADVICE OF A
LAWYER WHO CONCENTRATES IN THE DEFENSE OF
THESE CASES BEFORE MAKING ANY DECISIONS.
************************************
     DRUNK DRIVING PENALTIES
 ************************************
MASSACHUSETTS GENERAL LAWS CHAPTER 90 SECTION
24 PROVIDES FOR PROGRESSIVE PENALTIES FOR
'SUBSEQUENT OFFENDERS'  (those previously convicted or
assigned to an alcohol education program).The following is a
summary of the applicable penalties for violations of the OUI law:

1st offense(misdemeanor)
*up to 2 1/2  years house of correction
*$500- $5,000 fine
*1 year license loss
*hardship license considered @ RMV in 3 months (work/ education)
or 6 months (general hardship)
ALTERNATIVE  DISPOSITION
*statutory fines, fees, court costs, and probation service fees
* 1 year probation
* attendance @alcohol/ drug education program at defendant's
expense (approximately $600)
* 45-90 day license loss (unless under age 21)
* hardship license available 3 business days from enrollment into
alcohol/drug education program
************************************
2d offense (misdemeanor)
*60 days house of correction (30 days minimum-mandatory)to 2 1/2
years
* $600-$10,000 fine
*2 year license loss  
*hardship consideration in 1 year (work/ education) or 18 months
(general)
*AS OF JANUARY 1, 2006 ALL 2nd (or more) OFFENSES
REQUIRE THE DEFENDANT TO HAVE AN 'IGNITION
INTERLOCK DEVICE' AS A CONDITION OF OPERATING A
MOTOR VEHICLE FOR A PERIOD OF 2 YEARS
ALTERNATIVE DISPOSITION
*14 day in-patient treatment program with alcohol counselling and
abstinence as a condition of probation
2D OFFENSES WITH PRIOR CONVICTION MORE                   
THAN 10 YEARS OLD
*possible repeat of 1st offender '24D'/ alcohol education program
depending on defendant's criminal history and specific facts of the
case
NOTE:   RMV will still consider this disposition a true 2d offense for
purposes of imposing license loss and ignition interlock device
requirements
*************************************
3rd offense (felony)
* 180 days to 2 1/2  years House of Correction or not more than 5
years State Prison
* 150 days House of Correction (minimum-mandatory)
* 8 year license loss
* hardship consideration in 2 years (work/education)or 4 years
(general)
* $1,000-$15,000 fine
**************************************
4th offense (felony)
* not less than 2 years House of Correction (1 year
minimum-mandatory) not more than 5 years State Prison
* $1,500-$25,000 fine
* 10 year license loss
* hardship consideration in 5 years (work/ education) or 8 years
general
**************************************

SOME  IMPORTANT POINTS:
1. ALL LICENSE LOSSES FOR CONVICTIONS ARE NOW IN
ADDITION TO THE RMV IMPOSED SUSPENSION FOR
FAILING/ REFUSING THE BREATH TEST, IF APPLICABLE.
SPEAK WITH MR. LANE TO GET A CLEAR
UNDERSTANDING OF YOUR SITUATION.

2. THE BURDEN IS ON THE PROSECUTION TO PROVE ALL
PRIOR CONVICTIONS 'BEYOND A REASONABLE DOUBT'.
MANY TIMES, THIS CAN BE AN EXTREMELY DIFFICULT,
IF NOT IMPOSSIBLE BURDEN TO MEET.

3. INCREASED PENALTIES FOR "AGGRAVATED"
ALCOHOL-RELATED CRIMES SUCH AS OUI W/ SERIOUS
BODILY INJURY, FELONY MOTOR VEHICLE HOMICIDE,
AND CHILD ENDANGERMENT CARRY EVEN MORE SEVERE
PENALTIES. IT COSTS YOU NOTHING TO HAVE YOUR
CASE EVALUATED BY MR. LANE!

**************************************

  *  617-750-1173  24/7 CELL PHONE

 *  781-337-3613  OFFICE HOURS

 *   e-mail  gelanelaw@yahoo.com (to submit, in                              
       confidence, you case-related information including):
            *your name
            *address
            *phone number
            *charges & police department
            *court
            *breath test results
            *'field sobriety tests' taken
            *additional information you feel is relevant to                       
               your defense

ALL INFORMATION WILL BE KEPT CONFIDENTIAL

                    
GEORGE E. LANE III
TRIAL ATTORNEY
781-337-3613
617-750-1173 ( 24/7 CELL)
gelanelaw@yahoo.com
YOUR OUI CASE
Honest And Zealous
Defense Of Your
OUI/DWI/Criminal In
All Massachusetts
Courts
SPEAK WITH AN ATTORNEY BEFORE
YOU SPEAK TO POLICE!
DWI/OUI/DUI DEFENSE 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.
e-mail to Mr Lane your:
*NAME & ADDRESS
*PHONE
*COURT &  CHARGES
*CASE-RELATED INFO
all e-mail and phone              
inquiries will be kept              
confidential  
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