Category: Massachusetts License Suspension

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24D Program Field Sobriety Tests Massachusetts Drunk Driving Massachusetts Drunk Driving First Offense Massachusetts First Offense OUI Massachusetts License Suspension Massachusetts Surcharge OUI OUI First Offense

First Offense Drunk Driving in Massachusetts: The Roadmap to Moving On after a First Drunk Driving Arrest

The Consequences of a First Offense Drunk Driving Arrest in Massachusetts

Massachusetts takes first offense drunk-driving offenses very seriously. Individuals that are arrested for a first offense OUI in Massachusetts face significant consequences.

The criminal and civil penalties for a first drunk-driving offense in Massachusetts include, but are not limited to:

significant jail time; the loss of one’s driver’s license; the requirement to participate in extensive after-care programs; payment of monthly probation fees and court fines; the cost of litigating the criminal case; and increased insurance costs.

After An Arrest for First Offense OUI in Massachusetts

Massachusetts drunk-driving laws require the defendant be given a criminal citation at the time of the arrest. The criminal citation provides the defendant with important information, such as details of the charges against the defendant, as well as information on the date and time of the defendant’s arraignment.

An arraignment in Massachusetts for a first drunk-driving offense provides a critical opportunity for both the defense and prosecution in a drunk-driving case. For this reason alone, it is in the defendant’s own self-interests to retain a Massachusetts drunk-driving as soon as possible after the defendant’s arrest.

The 24D Disposition for First-time Drunk Drivers in Massachusetts

For a first time alleged drunk driver in Massachusetts, a “24D Disposition” is often the defendant’s best option to dispose of the first drunk-driving offense.

The “24D Disposition” is not available to all first-time Massachusetts drunk-drivers. There are many factors the court and the prosecutors will decide before agreeing to a “24D Disposition.”

A defendant eligible for a “24D Disposition” under Massachusetts drunk-driving laws may be able to obtain a hardship license within weeks, if not days, of the defendant’s arrest.

Attorney Anthony Rao, Esq. has been practicing law in the Commonwealth of Massachusetts since 2006. He has extensive experience in the zealous representation of defendants charged with First Offense Drunk Driving in Massachusetts. For a free consultation with Attorney Anthony Rao, Esq. please call 617-953-0836, or email him at Anthony@lawrao.com.

 

 

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24D Program Field Sobriety Tests Massachusetts 24D Disposition Massachusetts Drunk Driving Massachusetts Drunk Driving First Offense Massachusetts First Offense OUI Massachusetts License Suspension Massachusetts Surcharge OUI OUI First Offense

Operating Under the Influence in Massachusetts: A Brief Overview of the Drunk Driving Laws of the Commonwealth of Massachusetts

Massachusetts Drunk Driving Statute

Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

Mass. Gen. Laws Chapter 90, Section 24 (1)(a)(1)

In Massachusetts, the Commonwealth has the luxury of choosing two different paths in efforts to convict an alleged Massachusetts drunk driver on a charge of operating under the influence. The easiest way for the Commonwealth to obtain a guilty verdict against an alleged drunk-driver is to use the breathalyzer test results.

In Massachusetts, it is illegal to drive with a blood alcohol level at or higher than .08. If the alleged drunk-driver submits to a breathalyzer test – and those test results are submitted as evidence to the jury – the Commonwealth must only show that the defendant took the breath-test, and the defendant blew a .08 or higher. This “.08 Per Se” drunk driving case is the easiest and fastest way for the Commonwealth of Massachusetts to obtain a guilty verdict against an alleged drunk-driver.

No Breathalyzer Test – The Commonwealth Must Prove The Driver Was Impaired Not Drunk

In Massachusetts, if an alleged drunk-driver does not take the breathalyzer test, the Commonwealth is required to prove the defendant was operating the motor vehicle, on a public way, under the influence of alcohol. The Commonwealth is not required to prove the defendant was “drunk.” Rather, the Commonwealth of Massachusetts only requires the prosecuting attorney prove that the operator of the motor vehicle was impaired by alcohol, and that this impairment influenced the driving of the operator. Indeed, based on the drunk driving laws of Massachusetts:

the Commonwealth is not required to show that the defendant actually drove in an unsafe or erratic manner, but must prove a diminished capacity to operate safely. “

Commonwealth v. Connolly, 394 Mass. 169, 173 (1985).

American citizens have rights and liberties. We are not to be arrested without cause. We are entitled to due process. We are presumed innocent until proven guilty. The United States Constitution and the Massachusetts Declaration of Rights were created to insure the government is for the people, by the people, and of the people.

Attorney Anthony Rao, Esq. is a zealous advocate for his clients, and he is available for telephone consultations at 617-953-0836, or at his email address: Anthony@lawrao.com. He is a lifelong resident of the Commonwealth of Massachusetts, the bedrock of American democracy.

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Department of Revenue DOR/CSE Massachusetts Child Support Massachusetts Department of Revenue Child Support Enforcement Division Massachusetts DOR Massachusetts License Suspension

Massachusetts Department of Revenue Child Support Enforcement Agency: They’re taking my license, now what?

As a former Child Support Enforcement Attorney for the Massachusetts Department of Revenue, I am all too familiar with the short-comings of an Agency empowered to insure that all the children of the Commonwealth are supported – to the largest extent possible – by their parents.  Indeed, custodial and non-custodial parents, on a daily basis, complain of the inefficiency and red-tape that seems to hamper the DOR in establishing, modifying, and enforcing child support orders in the Commonwealth.  However, with all of their short-comings, the DOR has an exceedingly undeserved poor reputation.  In this piece, we look to provide answers to the simplest of questions: What can the DOR do, and what is the best way to stop it!

The DOR has been given vast powers under Massachusetts General Laws Chapter 119A.  The DOR can suspend an individuals driver’s license, levy their bank accounts, intercept tax refunds, garnish wages, suspend an individual’s passport, and put liens on a person’s real property.  I have been a personal witness to all such actions.  However, with each of these powers, comes internal regulations and policies.  Most attorneys and lay-persons do not understand how these enforcement powers work, and most importantly, how they can be stopped.  As a former DOR attorney, I know that each of these actions can be delayed, and in most instances, completely side-stepped by one simple method: being proactive!

To know the DOR is to love it! Well, maybe not.  But one must not be intimidated by the agency, or its vast powers.  When an individual, who has a child support order, is having difficulty in not paying their child support obligation – even for one week – that individual should immediately contact the DOR.  Most people will contact the 1-800 number that is provided by the DOR on its website.  This, however, is a horrible decision, that will most certainly cause more delay, more stress, and be almost completely unproductive.  So who should a person contact when they are facing the possibility of the falling behind on their child support, or even worse, losing their driver’s license?  The answer is short and sweet – your DOR case worker.

Every custodial and non-custodial parent has an assigned case worker at the DOR.  This case worker is assigned by the last the name of the non-custodial parent.  The case worker is the “manager” and direct-contact for your case.  They are in charge of all of the enforcement powers used on your case.  The DOR case worker has almost complete authority in determining whether or not your license will be suspended, if you may have your license reinstated, and their willingness to work with you is a critical part in solving the DOR puzzle.  How do I contact my DOR case worker?

The DOR case worker is located in a DOR Regional Office.  For example, if you have a child support order out of Essex County, your case worker would be located in the Northern Regional Office.  This office has a direct number.  Call the direct number and ask to speak to your case worker. The case worker will ALWAYS work with you – not against you.  They are not in the business of making money; they do not work on commissions; they do not get bonus points for taking away your license.  They are their to help, and they are their to assist in collecting child support on behalf of your child.  They do not find joy in ruining someone’s life, although you may certainly feel like they do.  Indeed, the vast majority of DOR workers and staff are reasonable individuals that are simply using their best efforts to make certain the children of the Commonwealth are supported by their parents.  They are not a debt collection agency – they are not nasty and mean.   Reach out to your case worker – and explain your situation – they will listen and do their best to help you – most of the time.

Retaining the services of an attorney with first-hand knowledge of the DOR – and an attorney who is advocating on your behalf – is very useful.  For example, if you do manage to contact your case worker at the DOR, the DOR case worker will record – from their own memory – notes from your conversation.  All of these notes are printed and placed into your file.  Subsequently, when your case is brought before the court for a contempt action (for failure to pay support, where you may face the possibility of jail time up to 179 days) the DOR attorney may very will use these notes to indicate to the judge what you have previously asserted to the DOR.  This is why having an attorney who understands the child support laws of Massachusetts, and what should and should not be admitted to the DOR,  is crucial in achieving a great outcome for all parties involved – including your children!

Finally, I have seen so many cases where the non-custodial parent did not have the financial means to pay a high child support order, and that individual simply ignored the order entirely.  And when I say ignore, I mean did not make any payments.  This, by far, is the worst thing to do, and will almost guarantee a jail sentence! If you cannot afford your Massachusetts Child Support Order, retain an experienced Child Support  Attorney to file for a modification to have your child support order lowered.  But even more importantly, pay something every week — even if it’s $20.00.  This will not only show your good faith effort to your DOR case worker, but will also be evidence in a future contempt case that you are making some sort of effort.  An individual who has paid something every week will certainly appear to be more credible and honorable than a person who has done nothing.  So do something!

I am here to help you navigate this maze, and to make certain your rights and your children’s rights are protected!