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What is the Process for an OUI in Massachusetts?

Home |  What is the Process for an OUI in Massachusetts?

An operating under the influence charge in Massachusetts is a criminal offense, which is usually handled in District Court. Some of the more severe OUI offenses are handled in Superior Court in Massachusetts. During the court process, you must go through numerous steps before there can be a final decision or resolution in your case.

Step 1:

Arraignment for massachusetts oui:

The first step in the court process is an Arraignment. Anyone charged with any crime will be given a date where they must appear in court. The same goes for an OUI charge because it is a crime. The Arraignment is the court appearance where the court will formally inform you of the charges against you. at this proceeding, a Not Guilty plea will be entered on your behalf. Additionally, the court will determine what bail should be set in your case and who your attorney will be. Here, the court will decide whether to release you on personal recognizance (your promise to follow all federal and state laws and return to court), to set a cash bail, or impose conditions on you being released on bail. After the Arraignment, you are usually given a Pretrial Conference date to come back to court.

Step 2:

Pre-trial conference for massachusetts oui:

The next step is the pre-trial conference, usually scheduled 4-8 weeks after your arraignment depending on the court. This initial period is called the discovery period and it allows us to gather all materials related to your case, hire an investigator, if necessary, formulate a strategy/case theory, and keep you informed about any updates. At the Law Office of David Ellison, we pride ourselves on being transparent and accessible to our clients. So during this discovery period, you will receive all your case materials as we get them.

Furthermore, the pre-trial conference is essentially a way for both the defense attorney and the prosecutor to ensure they have all the case materials and discovery. Additionally, this is where both parties have the chance to either obtain any additional information needed or try to agree to a possible resolution for the case. That possible resolution could be a plea in the case. Lastly, there is not just one pre-trial conference; there can be numerous.

Step 3:

Motion to suppress hearing for massachusetts oui:

The next step would be a motion hearing. There are plenty of motions, but the most important is the motion to suppress potential evidence in the case. A Motion to Suppress is when you ask the court to suppress evidence against you because your rights were violated. If you are successful at a Motion to Suppress, the prosecution can’t use that evidence against you at trial.

Step 4:

Trial For Massachusetts Oui:

The last step in the court process is a trial. An OUI trial is usually relatively short and only lasts about a day or two. The trial can be a bench trial, which is a trial in front of a judge who decides whether you are not guilty or guilty. The trial can be a jury trial where a jury consisting of people from the community determine whether or not you are guilty and a judge only presides over legal issues. For both a bench trial and a jury trial the prosecution must prove you are guilty beyond a reasonable doubt. They must prove each of the elements of an OUI. Furthermore, the kind of trial you should choose if you get to this step all depends on the facts of your case and the evidence against you.

If you are charged with an OUI, you do not have to fight your case alone in court. You can have an experienced Massachusetts OUI lawyer represent you along the way. Ellison Law LLC has represented numerous clients on OUI charges. You can contact them today.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

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Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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