OUI convictions can result in fines, jail or prison time, the loss of driving privileges, and other collateral consequences. Don't risk it. Browse the Nate Amendola Defense legal blog for straightforward information on your charges, and how we can provide you with a strategic defense and the resources you need to transform your life.
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What is a Cahill Disposition for a Second Offense?A Cahill (or “second chance §24D”) disposition for a second offense can occur when an offender’s second operating under the influence offense occurred more than ten years after his first offense
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Am I Eligible for a Cahill Disposition?if you have been charged with operating under the influence for a second time and your previous operating under the influence conviction or guilty plea (including a guilty plea or a CWOF) was more than ten years ago, you may be eligible for a Cahill second-offender disposition.
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OUI Second Offense OutcomesIf convicted, the standard disposition for a second offense OUI is not less than 60 days in a House of Correction (30 days mandatory), but not more than 2 ½ years incarceration; a fine of between $600-$10,000, and a two-year license suspension.
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How Long Does an OUI Stay On Your Record?If you are convicted of an OUI or you case is continued without a finding, it can stay on your criminal record for life, and on your driving record for at least ten years (you may have it petitioned to be removed after ten years).
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What Are the Penalties if I’m Convicted of an OUI?There are 3 ways to resolve an OUI case. The case can either be dismissed, tried to a judge or a jury, or a defendant can offer a plea. Because OUI cases are a public safety concern, it’s uncommon to have a straight dismissal.
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What is the 24D First Offenders Program?You must know that if you are found guilty of an OUI at trial, the trial judge always has the option of sentencing up to the maximum penalty.
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What Do the Police Look for in an OUI Case?Many drunk driving arrests start out as simple automobile stops for bad or erratic driving. Once the officer notices any signs of potential impaired driving, like open containers, the smell of alcohol, or red and glassy eyes, the stop turns into a full-blown drunk driving investigation.
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OUI First Offense OutcomesIncarceration: Not more than 2.5 years (30 months) in a house of correction Suspended Sentence: You're placed on probation for a certain period of time with your sentence "hanging over your head"
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What Should You Do if You've Been Arrested While Vacationing on the Cape or IslandsCape Cod and the Islands are popular summer vacation destinations. Beach days and nights out can quickly turn into someone being arrested. We explain here
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Can you enlist in the US Military with a Drunk Driving Conviction?Having a drunk driving conviction may significantly decrease your chances of being permitted to join the military
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Can a Bar, Restaurant, or Liquor Store be Held Liable in a Drunk Driving Case?In Massachusetts, alcoholic beverages are not allowed to be sold or delivered to anyone who is visibly intoxicated.
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Massachusetts Ceases Use of Breathalyzer Test Results As Evidence StatewideFor at least the next 60 days, Massachusetts prosecutors will not be allowed to use breathalyzer results in drunk driving cases.