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. If you are in this situation, you want a New Bedford OUI attorney who is both knowledgeable in defending OUI matters and is willing to fight for your constitutional rights. Gary Pacella understands the nuances of these cases and will carefully investigate your situation to determine all of the defenses that may be available to you. He knows how much is at stake and can make sure that your voice is heard.
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, and driver education programs to potentially years of incarceration.
On October 28, 2005, Governor Romney signed a new drunk driving law, Chapter 122 of the Acts of 2005. Also known as Melanie's Law, 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 Melanie's 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. This makes it especially important to consult an OUI lawyer in the New Bedford area who can aggressively protect your rights.
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 an additional license suspension imposed by the Registry of Motor Vehicles in addition to the court's suspension.
Other issues that may be raised include whether there was a breath test given and whether the results were above 0.08%. A breath test result of 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 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, the 9 step walk and turn, the alphabet test, and the horizontal gaze nystagmus test.
No matter your specific situation, Gary Pacella will work diligently with you to resolve your matter. He will personally meet with you and review your complaint and police report, carefully listening to your side of the story. Serving people in New Bedford and surrounding communities, OUI 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, incarceration in the house of corrections or state prison. He also can assist people who are facing other criminal charges or who need a personal injury lawyer to bring a claim after an accident. Contact him online or at 508-525-5147 for an appointment.