EACH OUI/DWI CASE IS UNIQUE. THIS LIST OF
FREQUENT INQUIRIES AND RESPONSES IS NOT MEANT
TO STAND IN THE PLACE OF AN ATTORNEY/CLIENT
INTERVIEW. IF YOU HAVE BEEN ARRESTED AND YOU
HAVEN'T YET CONTACTED AN ATTORNEY WITH
EXPERIENCE IN HANDLING THESE MATTERS,
STOP NOW AND DO SO!!!
WHAT IS A "CWOF" ?
A 'CWOF' stands for a ' Continuance Without a Finding', a legal
term meaning the defendant does not contest the allegations as
alleged, admitting that he/she did in fact commit the offense(s) as
charged. While not a conviction, persons charged with an OUI/DWI
subsequent offense after previously receiving this disposition, will be
charged as a subsequent offender.
WHAT COURTS DO YOU WORK IN?
I represent persons in all Massachusetts Courts. While many courts
have their own nuances,the rules we play by are essentially the
same. An attorney with experience in defending DWI and OUI cases
is likely to achieve optimum results regardless of the setting of the
IF I AM STOPPED BY A POLICE OFFICER WHO ASKS
ME IF I'VE BEEN DRINKING AND ASKS ME TO
PERFORM 'FIELD SOBRIETY' TESTS,WHAT SHOULD I
*You do not have to answer questions.
*You do not have to exit the vehicle.
*You do not have to submit to field sobriety tests.
*You should be respectful, polite, and courteous (in as few words
as possible)to the officer.
* You are under no obligation to take the breath test.
Every day, people are charged with OUI/DWI offenses. In many
instances,the client's agreement to perform tests and statements
made in a futile attempt to talk himself out of a situation produce
evidence that is extremely harmful to the defense of the case. Many
times the phrase "IF I HAD JUST SHUT MY MOUTH" is uttered
by a client who chose not to exercise the rights he is afforded.
I HAVE ONE PREVIOUS OUI CHARGE MANY YEARS
AGO. I WAS PLACED ON PROBATION AND
COMPLETED THE 'ALCOHOL EDUCATION PROGRAM'.
AM I PROPERLY CHARGED AS A 2ND OFFENDER?
Yes, the so-called "10-year lookback" has been eliminated in favor
of a "lifetime lookback".
CAN I GET MY LICENSE BACK IF SUSPENDED FOR
REFUSING OR FAILING A BREATH TEST?
Yes, possibly, by initially appealing the suspension to the Registry
of Motor Vehicles within 15 days of the suspension. Though the
success rate at the registry is not that great, this appeal does start into
motion an opportunity to appeal an adverse decision at the RMV to
the District Court where you were charged if you feel you have a
DO I GET A 'TEMPORARY 15-DAY LICENSE
BEFORE THE SUSPENSION BEGINS FOR A BREATH
TEST FAILURE OR REFUSAL?
No, the 15-day temporary license provision has been eliminated by
recent legislative changes.
HOW DO I GO ABOUT SELECTING AN ATTORNEY TO
Persons facing alcohol related charges or other criminal charges
should wisely invest time gathering information about the attorney's
experience, number of trials he/she has had, and, among other
things, how much of the attorney's practice is in representing
similarly situated individuals charged with OUI/DWI/DUI or other
criminal charges. An attorney may "handle" these types of matters,
may have done a good job at your recent real estate closing,divorce,
or other business matter, but has had very little trial experience and
is unfamiliar with the nuances of the ever-changing drunk driving
laws in Massachusetts. Simply put, there are too many potential
pitfalls leading to license suspensions, driving restrictions, increased
insurance costs, and even jail sentences not to find out your lawyer's
qualifications before you hire him/her.
WHAT ARE YOUR FEES?
You're going to ask. I'll do my best to tell you. Legal fees for these
cases vary based on the client's decision whether to contest the case,
registry issues, legal issues relating to potential exclusion or
suppression of evidence, the experience of the attorney,and the
amount of time necessary to achieve the best result for the client.
Depending on these factors, legal fees range from as little as several
hundred dollars to several thousand dollars. In other words, it's
nearly impossible to provide a general answer to this question
without knowing a lot more about the alleged facts and the client.
Whatever the circumstances, reasonable legal fees charged by this
office are explained, in full, in writing, prior to representing a
|Honest And Zealous
Defense of Your
In All Massachusetts
**DISCLAIMER**The information contained on this web site is not
intended to be construed as the providing of legal advice specific to any one
person's legal matter, nor is it intended to form an attorney-client relationship. In
accordance with applicable ethical rules governing attorneys in the
Commonwealth of Massachusetts, Mr. Lane insists that a written agreement be
in place prior to representing the interests of any client.**
Copyright ( 2007-2011): George E. Lane III, Esq.