OUI Third Offense Trial Report

BROCKTON DISTRICT COURT

CRIMINAL CHARGES ALLEGED:

  • OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR 3RD OFFENSE
  • OPERATING A MOTOR VEHICLE AS TO ENDANGER
  • FAILURE TO STAY WITHIN MARKED LANES

CASE DETAILS:

Defendant was the subject of a motor vehicle stop after the police alleged that the defendant was driving erratically, swerving across the marked lanes and driving on the wrong side of the road for an extended period of time. The police alleged that a strong odor of alcohol emanated from the defendant’s vehicle cabin. The police further alleged that when asked about whether he had been drinking that evening, the defendant admitted, “Yes, I had way too much to drink.” The officer also alleged that the defendant had difficulty maintaining his balance when exiting his vehicle, and that he slurred his speech and had severely bloodshot eyes. There was evidence that the defendant had previously been convicted of OUI on two occasions, which subjected the defendant, if convicted, to a mandatory minimum sentence of one hundred fifty days in jail and a maximum sentence of two and one half years.

NAME OF CASE:

Withheld.

CRIMINAL OUI LAWYER CASE RESULTS:

The defendant desired to avoid any risk of incarceration but did not wish to proceed to trial. However, the prosecution refused to reduce the charges against the defendant to less than 3rd offense OUI, in order that the defendant might plead guilty and receive a probationary sentence. Nonetheless, despite the fact that the prosecution did not agree, Criminal Defense Attorney Francis T. O’Brien, Jr. was able to persuade the court to treat the defendant as a second offender and impose a probationary sentence.

CRIMINAL DRUG DEFENSE LAWYER:

Francis T. O’Brien Jr., PARKER | SCHEER LLP, Boston

CRIMINAL LAWYER CASE KEYWORDS:

Operating Under the Influence, OUI, Operating Under the Influence Third Offense, Probation, Multiple Offender, Reduced Charges, Treating 3rd Offense as 2nd Offense

CONTACT A BOSTON CRIMINAL DEFENSE LAWYER

Francis T. O’Brien has over twenty years experience involving a broad spectrum of criminal OUI and DUI cases, and drug cases, including, but not limited to: Drug Trafficking, Possession of Drugs with the Intent to Distribute, possession of Class “B” Drug, and, Conspiracy to Violate Drug Laws. Criminal Defense Lawyer Francis T. O’Brien, Jr. is one of the top criminal defense lawyers in Boston, and he has helped many criminal defendants avoid convictions in nearly all areas of criminal defense law.

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