Vast experience defending operating under the influence charges.
Operating under the influence of drugs or alcohol is prosecuted very aggressively in Massachusetts, and those accused of OUI are subject to committed time, continuous government monitoring of alcohol and drug use, license loss, fines and increased insurance premiums. In OUI cases, the government typically uses the observations of police officers as primary evidence of intoxication. Their evidence usually includes observations of bloodshot, glassy eyes, slurred speech and the odor of alcohol. Law enforcement routinely use Field Sobriety Tests (FST’s) at the site of the motor vehicle stop to determine if the driver is impaired. You will likely be asked to consent to a breath test to determine the amount of ethanol in your blood. Whether or not to consent to the breath test can be a difficult choice.
Each case has a different set of facts, and different legal weaknesses that can be exploited by an expert defense attorney. While a breathalyzer reading may be powerful evidence of intoxication, it can also be attacked in the pretrial phase and excluded if shown to be unreliable or in violation of the Code of Massachusetts Regulations which detail exactly how a breath sample must be obtained in order to be used in court. It is also possible to suppress evidence where an officer affected a motor vehicle stop without requisite cause, performed an illegal search, or elicited incriminating statements without the benefit of Miranda Warnings.
There is certain evidence that cannot be used against you at a criminal trial for OUI, including the Horizontal Gaze Nystagmus (HGN) test frequently administered by officers at the scene of the stop as well as your refusal to submit to a breath test.
Attorney Winn has an expert understanding of the law and procedure governing OUI charges in Massachusetts. He has a depth of experience with OUI cases as both a prosecutor and a defense attorney. As a former Assistant District Attorney, Attorney Winn understands the prosecution’s strategy inside and out. As defense counsel, Attorney Winn has successfully represented many clients charged with OUI and has helped them avoid convictions, court fees, and lengthy periods of license revocation. In the course of his practice, Attorney Winn has handled thousands of OUI and Drunk Driving cases and applies his expertise to achieve the best possible result for every client accused of operating under the influence of drugs or alcohol. With the right counsel, you can often avoid a conviction even where the facts are very serious and where the evidence of guilt is overwhelming.
For a free assessment of your case, please leave a message with a brief description of your issue here, or call (857) 415-2415.
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