Mass Defense Lawyer- Massachusetts Drunk Driving Defense Attorney MA DUI OUI DWI Peter J. Anghinetti

Drunk Driving


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Massachusetts Drunk Driving Defense

"The vast majority of people accused of drunk driving are not 'criminals' ; but in fact, ordinary citizens caught up in the criminal justice system.” 

The first step to ensuring your freedom and civil rights are upheld and to put this all behind you is to contact a professional, experienced attorney who has your needs and rights in mind. With the guidance and assistance of someone who understands the law and knows the rules of the game you will be at ease that you are getting all the attention and legal aid you deserve.

Remember, the prosecution must prove that you were impaired at the time of driving. To do this, you will most likely be asked to submit to a blood alcohol test or field sobriety test, and answer questions about your drinking. Although many people are unaware of their rights at a traffic stop: you have the right to refuse to submit to a chemical test, field sobriety test or to answer most questions. The refusal to submit to chemical tests may lead to the loss of driving privileges for up to one year or longer depending on prior convictions, but refusing can help you a lot more than hurt you in the long run.

A vigorous defense can be mounted, challenging the opinion of the police officer and the validity of the tests. Independent witnesses who can attest to the amount of alcohol the accused drank and officers' testimony can be dissected. These strategies are imperative to the outcome of the situation, and I have personally mastered all of these strategies, with many more up my sleeve, such as:

  1. Did the police have reasonable suspicion to conduct their investigatory stop?
  2. Did they have probable cause to arrest you?
  3. Were you advised of your right to remain silent?
  4. Were you advised of your right to counsel?
  5. Was the blood/breath evidence obtained and analyzed properly?

Here are some tips to keep in mind -

Keep Quiet. Do Not Make Any Statements. When questioned for OUI before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the officer's questions concerning the OUI investigation, either before or after arrest, then there won't be any statements that can be used against you in court. Citizens are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to your attorney before answering questions, would be an appropriate response.

Do NOT take ANY roadside tests. If you perform them, you may be arrested anyway. Understand that the police want you to help them make their case against you stronger. By performing field tests, you are simply helping the police manufacture evidence against you. Be aware that they fully intend on using this evidence against you in court. Most experts agree that police officers are not well trained enough to accurately interpret the symptoms observed while administering these street evaluations. However, if you agree to take a Breathalyzer or urine test for the police either on the road or at the police station, you are entitled to your own independent tests. This means that the police are required to transport you to a medical facility of your choice for the purpose of obtaining an independent test. Keep in mind, however, if you refuse a Breathalyzer or urine test after being arrested, Massachusetts General Laws mandate a suspension of your driver’s license for 6 months for first offenders and up to 12 months for previous offenders. Therefore, to ensure your freedom and future prevails, calling a DUI lawyer immediately after your arrest is important!

Be Calm. Always be polite and respectful to the police officers. Be cooperative-but no tests. How a jury perceives you is extremely critical!

Insist on your right to speak to and call an Attorney.

Hire an Attorney – FAST! The law is complex and you need a skilled drunk driving attorney to represent you. You must raise the right defenses at the right time or you will lose the opportunity to do so.

 

Mass Defense Lawyer- Massachusetts Drunk Driving Defense Attorney MA DUI OUI DWI Peter J. Anghinetti 23 Trescott Street Taunton MA, 02780 Tel (508) 822-5353 Fax (508) 822-5253 23 Trescott Street Taunton MA, 02780
Tel (508) 822-5353 Fax (508) 822-5253
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