Massachusetts OUI Lawyer discusses defenses to drunk driving accident cases

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What happens if you are charged with OUI after being in an accident? If you are involved in an accident, whether a one-car accident or multi-car accident, you should know that these cases are very winnable in court.
In many cases, there will be very little evidence that shows you were actually under the influence of alcohol on the night of your arrest.
Often times, the officer will arrive at the scene and allege observations such as glassy eyes, slurred speech, etc. Typically, you will be brought to the hospital so there will be no field sobriety tests.
This means that in court we will have some legal battles such as:
1. Whether the District Attorney can get access to your medical records
2. If so, can the records be admitted into court.
Also, you should receive a citation when you are at the hospital. If you do not get it when you are in the hospital- that is a good sign. You might receive the citation in the mail. However, if there is a delay in the citation, that could result in dismissal of the case.
Long story short, save the envelope and document it when you finally do receive it. Once you get the ticket, send it to the court so they can schedule your clerk magistrate hearing.
The clerk magistrate hearing is a hearing that allows us to argue the lack of probable cause in your case and potentially stop the charges from actually being issued against you.
Likely, we would suggest to the clerk magistrate that the accident was caused by mistake and if anything, issue the charge of negligent operation or maybe even a civil infraction.
Many times, however, the clerk will issue a complaint even if there is very little evidence that you were under the influence of alcohol.
Sometimes, the police will testify at the clerk magistrate hearing, which will give us a good opportunity to preview the case.
You may receive a notice from the RMV, suspending your license for an immediate threat. If you receive this notice, you can appeal it within 15 days and get your license back prior to your case ending.
If you have any questions on how to handle an OUI charge if you were involved in an accident, or if you have any questions on a license suspension, feel free to contact DelSignore Law today.
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[@tysonson773]

I got charger 2x driving without the device in my car I already serve my time in jail after my time they try to suspend my license for 8yr can I still appeal it?