Have you been charged with operating a motor vehicle under the influence of alcohol or drugs? Being charged with operating under the influence of alcohol/drugs has some very serious implications both for you and your family.
When you have been charged with operating a motor vehicle under the influence of alcohol, and you are convicted of operating under the influence of alcohol, or you plead guilty to the charges. The penalties run the gamut from fines, fees, probation sentences, driver education programs, up to and including incarceration for up to 2 ½ years in District court or up to a maximum of 5 years in Superior Court.
You want an attorney who is both knowledgeable in defending OUI matters and is willing to fight for your constitutional rights.
On October 28, 2005, Governor Romney signed the new drunk driving law, Chapter 122 of the Acts of 2005. The law increases the penalties for repeat drunk driving, creates new penalties for driving while intoxicated with a child in the car, and requires ignition interlock devices for certain repeat offenders.
With the enhancement of drunk driving laws with the implementation of Melanies Law, it is important to note that there are increased penalties for repeat drunk driving offenders, including longer license suspensions, higher fines and fees and longer jail sentences.
Another important note is that with any plea there is a license loss associated with a plea or conviction by the court. There may also be additional license suspension imposed by the Registry of Motor Vehicles in addition to the courts suspension.
Other issues that maybe raised, includes whether there was a breath test given and were the results above 0.08%. A breath test result 0.08% or higher is presumptively considered operating with your ability to safely operate a motor vehicle being impaired. However there are ways to attack breath test results and New Bedford OUI/DUI defense lawyer Gary Pacella knows how to do that.
There are also field sobriety tests conducted by the police at the side of the road. These tests are also used by the police to aid them in detecting drivers operating under the influence of alcohol or drugs. Some of these tests include, the one leg stand test, 9 step walk and turn, the alpha- bet test and the horizontal gaze nystagmus test.
New Bedford OUI/DUI defense attorney Gary Pacella will work diligently with you to resolve your matter. Attorney Pacella will personally meet with you and review your complaint and police report and carefully listening to your side of the story. New Bedford OUI/DUI defense attorney Gary Pacella will craft a defense with the ultimate goal of getting your case dismissed if possible, and if not possible, to lower your risk of the possibility of a prolonged probationary period, or in the worst case scenario incarnation in the house of corrections or state prison.