Скачать или смотреть OUI 3rd offense in Waltham District Court: what to do next

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Transcript
It's Mike DelSignore. I'm outside the Waltham District Court and I want to talk about what happens if you're charged with a third offense OUI and it's going to be heard in this court. For a third offense OUI, you should come to that court date with an attorney. The DA, in many cases, is going to ask for a dangerousness hearing, to potentially hold you without bail for up to 120 days. Now, often I can have it denied, and the reason is that a dangerousness hearing requires that the government prove that no conditions of release will ensure the safety of the public. Now, in an OUI case, typically we can propose alternatives to incarceration, such as alcohol treatment, being alcohol free, attending AA. We'll show your ties to the community, that you have family that's going to help you abide by these conditions, that you work or basically pointing out everything in mitigation that we could, any family connection, work employment connections. If there aren't any, we'll let them know that you're going to be in treatment. I'll recommend treatment facilities for you.

I've handled OUI cases for my entire career, so I know sometimes people who have OUI offenses have issues with alcohol, and I have contacts that I'll recommend to help you with that issue, because that's going to only help you at the court. Sometimes in an OUI offense, we may try to get the charge amended, to have it reduced to a second offense, and that always requires evidence of sobriety, of alcohol treatment. When a charge is amended, it's not just the DAs in this court. They won't have the authorities to do that. It has to go up to the highest level in the district attorney's office for a reduction of a third offense to a second offense, but keep in mind, these are winnable cases at trial.

The jury doesn't know that it's your third offense, so we fight the case the same way. We'll gather your medical records, ways to explain the driving violations, other than alcohol. Is the road curved? Does it curve? Are you familiar with the road? Were there potholes? So every little detail, we'll look at to prepare your defense. As far as the field sobriety test goes, these tests are often inaccurate, unreliable, and there's a lot of reasons other than alcohol that can result in somebody not doing as well as they'd like to do on these tests. For example, you might have a bad back or knee issues. We can get your medical records to show to the jury that these medical conditions explain how you did on the field test. It wasn't alcohol. It was medical. It might've been fatigue. So we point out alternative explanations for the officer's observation and it's opinion that he's going to say you're under the influence of alcohol, so that's what we want to do. That's what we'll bring as part of our defense.

I'll prepare you to testify. In some cases, you'll testify, not all cases, but we'll always go over that. I want to make sure you understand what it means to testify and have a realistic expectation of it, because a lot of people, I think, fear testifying if they get into a big courtroom or a lot of people are watching. This court room over here, the trial will be on the second floor. These trials aren't watched. They're not public. There'll be nobody in that courtroom. So sometimes people think that their friends, family, the whole community's going to be watching this. It's not like that. So it's important for you to understand what a trial is actually like, that way you can make a decision, because the last thing I want anyone to do, and that's what I'm here for, is to make any decisions based on fears or something that's really not a reality, in terms of how the court operates.

When you can't speak, I'm going to make sure that your voice is heard. If there are any legal issues in the case, such as motions, we'll do those motions to make sure those to stop you, that their statements are probably admissible into evidence. So I'd like to explain your defenses to you, to make sure you understand everything and give you all the best information to make the best decision for your case. That's ultimately what I want. I'm here to help you, whenever you need it. Feel free to contact me 781-686-5924. It's my personal cell.

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