The Ramifications of a DUI

If you are arrested for a DUI (Driving Under the Influence) or OUI (Operating Under the Influence) there are immediate ramifications.  Any and all of the following will apply in Massachusetts:

           

•           Field Sobriety Tests

•           Portable Breath Tests

•           24D Program

•           Probation Costs

•           Breath Test Machines

•           Court Fines

•           Sobrietor Machines

•           Minimum Mandatory Jail Sentences

•           License Suspension and Duration of Suspension

•           14 Day-in-Patient Treatment Program

•           Hardship License (Cinderella License)

The unexpected ramifications may be job termination, a suspended license hindering you from finding new employment, court appearances, even jail time.  It can even prohibit you from qualifying for housing and college admission.

Needless to say, being arrested for a DUI or OUI in the Commonwealth is a very serious situation.  You need a qualified and experienced lawyer in your corner to fight for your rights.  In Massachusetts that person is Attorney Paul R. Moraski.  Call him anytime day or night at (978) 397-0011 for aggressive representation.

What is the Difference Between OUI and DWI?

Across the nation, drunk driving laws are aimed to curtail impaired driving and save lives.  It turns out Massachusetts uses the OUI standard and the biggest distinction is that a driver may be charged if the keys are in the ignition, even if the operator pulled off the road to sleep off a bottle of Jack Daniels. In states with DWI laws, this same impaired operator may not be charged if he or she pulled off the road.

Where did these stricter laws come from?

Impaired driving laws save lives and efforts to curtail repeat offenders were bolstered with the enactment of Melanie’s Law in 2005. The statute is named after thirteen year old Melanie Powell of Marshfield who was killed in an accident caused by a repeat offender in 2003. Melanie’s Law strengthens the penalties for repeat drunk drivers. Statistics show that the roads have become safer under Melanie’s Law- 3500 Massachusetts drivers with a history of driving drunk are unable to start their cars today without first blowing a clean, sober breath into a tube to unlock their ignition.

It is important not to run from your responsibility.  It will follow you for the rest of your life.  You need to contact an attorney immediately.  If you don’t then you will risk serving jail time and piling up increasingly higher fines.  Do not take this lightly…tackle the situation head-on.

If you have been arrested for a DUI or OUI in the Commonwealth, contact Massachusetts Criminal Defense Attorney Paul R . Moraski at (978) 744-1200 immediately for a free phone consultation.

A Competent Attorney Who Understands The Intricate Massachusetts Drug Laws

Drug possession is a serious charge that can create a ripple effect that haunts you for a lifetime. Whether trying to gain employment, housing and or financing, a drug charge can undo all of those possibilities making life extremely difficult.

If you are facing drug charges in the State of Massachusetts there are a few things you should know...

In Massachusetts, a conviction for any drug charge, even "simple" possession, will automatically result in a 1 year loss of your driver's license, and potentially jail time. The collateral effects of a drug conviction are far reaching, as it will automatically bar you from ever obtaining certain licenses. For example, you can never obtain a Massachusetts liquor license to own a bar or restaurant, and you can forget about owning a gun.

Those are startling realities. Facing it alone will guarantee that all previously mentioned scenarios will come to fruition. The State does not go lightly on drug offenders. If it is your first offense, you will still need a competent attorney who understands the intricate Massachusetts drug laws. If you are convicted of a first offense, having no other drug-related convictions or felonies on your record, for possession of more than one ounce of marijuana, or for possession of a class E substance,( say, more than an ounce of marijuana) you are entitled to probation (no jail time). That’s the best scenario you can expect going it alone. We will fight to reduce if not eliminate the charges altogether. Your future shouldn’t go down the drain because of a couple of mistakes made.

What Are The Elements Of Appealing A Conviction In Massachusetts?

Do you know what to do if you have been arrested for an OUI in Massachusetts? Once you have been pulled over, and if you submitted to and failed the breathalyzer test, the next place you'll find yourself is in police custody. In the instance that you refused the breathalyzer test, you will still be arrested and only have 15 days from the date of the arrest to file an appeal. It's imperative that an appeal is filed, otherwise your license is suspended automatically.

Regardless of which actions were taken, next steps are important. Contact an attorney immediately, otherwise you risk losing driving privileges for an extended period of time, serving jail time, paying increased fines, and having this mark your driving record.

If you have been arrested for OUI in Massachusetts, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Hit and Run: A Criminal Offense

Being involved in a car accident is always unpleasant and can often lead to more complicated issues, but how you handle the immediate aftermath is paramount. In some cases of hit and runs, the person at fault may flee the scene due to a number of reasons that can include: no insurance, no license, suspended license, being intoxicated, or even to simply avoid any fines. Sometimes, however, the driver may panic and flee the scene when another person, or persons, may have been injured - even fatally so.

Car accidents, or the events leading up to the accident are more often considered civil than criminal. If negligence is found that results in the injury of another person, many states follow through with a criminal charge.

Colliding with another person or object, then fleeing the scene is immediately considered a criminal offense and if a fatality occurs, the driver could be charged with vehicular manslaughter, in addition to a number of charges related to fleeing the scene of a crime. That's why it is extremely important to always remain at the scene of the accident, no matter who is at fault.

Individuals convicted of a criminal charge can also then be sued in civil court for damages relating to the loss of a loved one, stacking the amount of damages one occurs after fleeing the scene exponentially.

Always remain calm and collected when the incident occurs and be sure to contact Massachusetts Criminal Defense Attorney Paul Moraski if you believe the accident includes a criminal charge.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

CWOF Does Not Equal A Prior Conviction When Dealing With The RMV

On May 17th, 2012, the Massachusetts Supreme Judicial Court ruled unanimously that within the Massachusetts OUI statute, a “continuance without finding” or CWOF is not the same as being “convicted.” For the purpose of RMV license suspensions, a CWOF cannot be treated as a prior conviction for a Breathalyzer test refusal on an OUI, even if an individual received a CWOF on a prior offense.

An issue arose when a Paul Souza appealed the RMV’s decision to suspend his license over a period of three years. In a previous OUI case, he admitted to sufficient facts and his case was continued without finding. Subsequently, Souza was arrested a second time for OUI and this time refused the Breathalyzer test. He was given a 3 year suspension on his drivers license, however, he believed that his license should only be suspended for 180 days due to the fact that he was never found guilty and therefore was not previously “convicted” of an OUI. In light of Melanie’s Law, the RMV felt as though a CWOF is equal to a guilty plea. Stated in Massachusetts General Laws, a person that refuses to submit to a Breathalyzer test following arrest for suspicion of OUI faces suspension of their license. If the driver has a prior “conviction” for OUI the time frame that the license is suspended increases. This increase corresponds directly with the number of previous “convictions” one has on their record.

The Supreme Judicial Court argued that if legislature had intended on including an admission of sufficient facts in the definition of “conviction,” they would have done so. The SJC went on to signify that the meaning of the word “conviction” is confined to a finding of guilty, a judgement of guilty, a plea of guilty, or a plea of nolo contendere when in the context of an Administrative License Suspension Hearing. Within the context of criminal law, a CWOF is not interpreted as a criminal conviction, however, a CWOF case will appear on a CORI check.

When sufficient facts are admitted by the defendant and a CWOF is received, the case can be dismissed if the defendant has satisfied all of the conditions of their probation. A CWOF is a common disposition for defendants in regards to a first offense of OUI. One of the benefits is not having to indicate that there is a conviction on your record because a guilty finding was not entered.

After the SJC’s ruling, House Judiciary Chair Eugene O'Flaherty, Attorney General Martha Coakley, and state Senator Katherine Clark came together to work towards amending the definition of “conviction” to now include CWOFs and to close what they perceive as a “loophole.”

The outcome of Souza’s case is important and can effect your case if you have previously admitted to sufficient facts in a first OUI offense. Whether you have taken the Breathalyzer or not, you still need to contact a Criminal Defense Attorney with extensive knowledge and experience handling these types of cases. If you find yourself on the receiving end of a DUI/OUI Charge, please contact Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Whether You Should Take the Breathalyzer?

When prompted by a Police Officer to take a Breathalyzer test after you have been arrested for DUI/OUI, it is very important to understand your options. Most people assume that they have no choice but to take the Breathalyzer test, however, this is not the case. There are several things to keep in mind when you find yourself in this situation.

You need to know that you are not required to take a Breathalyzer test. If you refuse to take this test, you will have your license suspended for a period of time but the prosecutor will not be able to use this test against you in court. However, if you choose to take the test and fail, the results will definitely be used against you at your trial. Please keep in mind that we live in an era where most of your potential jurors are of the CSI mindset. Meaning if they hear evidence that you were over the legal limit in Massachusetts, which is .08%, it will be very hard to convince them that you were not impaired at the time of your DUI/OUI arrest. Although you face a license loss (described below in more detail) if you choose not to take the breathalyzer and are found over the legal limit, at the time of trial, the prosecutor will have less evidence to work with.

If you are over 21 the time of your arrest without any prior OUI/DUI driving offenses on your record and you refuse the Breathalyzer, your driver’s license will be suspended for 180 days. In the instance that you have 1 previous offense and refuse the test, your license will be suspended for 3 years. In the situation that you have 2 prior offenses and refuse, your license can be suspended for 5 years. If you have had 3 or more previous OUI/DUI offenses and refuse to take the Breathalyzer test, you may face a lifetime suspension.

The amount of time for a license suspension varies for people under the age of 21 and even under 18. If you are under 21 and refuse to take the Breathalyzer test, your license will be suspended for at least 3.5 years up to 4 years if you are under the age of 18; even if there are no previous offenses for OUI/DUI. If there is one or more prior offenses, your license will be suspended for even longer.

Even if you take the Breathalyzer and the result is over the legal limit, all is not lost, as far as defending your case. A successful Motion to Suppress can be brought on your behalf, by a seasoned attorney, who knows the ins and outs of the Breath Test Procedure. Sometimes, Law Enforcement Officers do not follow the correct breath test procedure or the breath test machine is not properly maintained. An experienced DUI/OUI Attorney will be able to request all of these records in the discovery process to determine whether or not you have a good opportunity to suppress the Breathalyzer Results. Additionally, these records may show that the particular Breathalyzer Machine used at the Police Station had been giving inaccurate Breath Test Results for a period of time, before and after, your particular case. If any of these issues are raised at the Motion to Suppress and a trial Judge finds that there is no indicia of reliability for the Breath Test Results, the Breathalyzer will be suppressed, leaving you with less evidence against you.

It is imperative that you understand your options in this scenario because it can make all the difference in your DUI/OUI trial. Whether you have taken the Breathalyzer or not, you still need to contact a Criminal Defense Attorney with extensive knowledge and experience handling these types of cases. If you find yourself on the receiving end of a DUI/OUI Charge, please contact Attorney Paul R. Moraski at 1-978-744-1200.


 The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Some of the Things You Should Think About If You Are Asked to Perform Field Sobriety Tests

If you ever find yourself pulled over by a Police Officer and the Officer suspects that you may be operating a motor vehicle under the influence of alcohol or drugs, or a combination of both, the Officer will ask you to exit your vehicle. The Officer will then ask you to perform some field sobriety tests. As a Criminal Defense Attorney, some of the most common questions I get regarding DUI/OUI cases, is “do I need to take these "tests" and whether I should take them?”

What most people do not realize is that these tests are designed in such a way that it is easy for people to fail them, even if they are not under the influence. For example, in the so-called "One-Legged Stand Test," the Police Officer is trained to look for eight separate things. Even if you were to do six of the eight things correctly (which would have been a passing grade in school, 75% or a C), it is still considered to be a failure. Furthermore, there are numerous reasons why people do not perform these tests adequately. For example, some people will not perform these tests to the Police Officers liking because, they have an injury, they are overweight, they are tired, they are nervous or because they have a learning disability.

The good news is that, unlike the case with refusing the breathalyzer test, your license will not be suspended just because you refuse to take the "field sobriety tests." It is also great news that, in Massachusetts, the prosecutor and the police are not allowed at trial to make any mention of the fact that you refused these "tests." In fact, sometimes jurors are left with the impression that the police officer conducted a shoddy investigation and didn't even give you the tests. Thus, there are some very good reasons to refuse these tests, depending on the circumstances.

However, even if you have taken these "tests" and done poorly, all hope is not lost. With the help of a top-notch attorney, many people who failed the tests can still beat their DUI/OUI Case. Oftentimes, what the Police Officer claims is an indicator of impairment can be parsed out with good cross-examination to show a Jury or a Judge, that the Police Officer made a mistake. For example, what the Police Officer interpreted to be a failing score on a field sobriety test can easily be explained with medical documentation that you were injured. That is why it is so important to contact an attorney immediately if you have been arrested and charged with a DUI/OUI. If you find yourself on the receiving end of a DUI/OUI Charge, please contact Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Penalties Regarding First Time Offender DUI/OUI Charges and Why Litigation May be the Best Option

If you are charged with Operating Under the Influence of Alcohol or Drugs (DUI ) and you are a First Time Offender you can be looking at about $1,800.00 worth of fines and fees and a one year probationary period. Additionally, if you want to obtain the minimum license loss of 45 days, you will have to enroll in an Alcohol Education Program, which typically takes 16 week to complete. This type of disposition is commonly referred to as a 24D (section of statute) Disposition. It allows First Time DUI/OUI Offenders to receive a Continuance Without a Finding (CWOF) and a shorter license loss.

The bad news for First Time Offenders, is that even with a successful completion of probation, this First Time Offense (even though it shows up as dismissed on your record) is considered to be a Second Offense if you are charged arrested again for Operating Under the Influence, pursuant to Melanie’s Law. Furthermore, if you do not complete your probationary period successfully your Continuance Without a Finding can be turned into a Guilty Finding, and you could potentially face 2 ½ years in Jail.

This is why it is important to hire an attorney who can aggressively and zealously advocate on your behalf. What most people do not realize is that DUI/OUI Charges can be litigated successfully, by an experienced attorney. Police Officers have to abide by the Constitution and need to have “probable cause” in order to pull your vehicle over in the first place. Secondly, Police need to have a legitimate reason to ask you to get out of your vehicle and issue you an “exit order.” If Police Officers violate your rights in anyway, a Motion to Suppress can be filed and if allowed by the Court, all of the evidence may be suppressed and your case dismissed.

Just because you failed a couple of Field Sobriety Tests, does not mean that you will be found guilty by a Jury. Field Sobriety Tests are designed in such a manner so that it is easy for people to fail them, even if they are not intoxicated. Police Officers are trained to look for certain clues of impairment. Oftentimes, what may be interpreted as a clue of impairment to a Police Officer is later seen by a Jury to be nervousness or unfamiliarity with the test. Remember, most Field Sobriety Tests take place at nighttime, in a poorly lit area, while you are on the side of the road attempting tests that you have never done before, while traffic is zipping by you. What a Police Officer may interpret as a failing score can usually be explained by being nervous, tired, injured, overweight or unfamiliar. A careful and thorough cross examination of the Arresting Police Officer can usually shed light on why you may not have passed the Field Sobriety Tests.

If you find yourself charged with DUI/OUI, please contact Attorney Paul R. Moraski at 1-978-744-1200.

The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com