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Your Massachusetts DWI Lawyer wants you to be well informed. These 5 myths about Drunk Driving, by William C. Head, should give you food for thought when selecting you own OUI attorney.
Note: These article is for informational purposes only. Please consult your Stephen Jones for legal advice if you are facing issues with the OUI (also known as DUI) law in Massachusetts.
This article was reprinted with permission of TRIAL (March 1993)
Copyright the Association of Trial Lawyers of America
Most of those convicted also suffer serious financial and social consequences. In most states, a drunk-driving conviction can never be removed from a driving record, so convicted offenders must endure the consequences of their convictions for the rest of their lives.
Some blame themselves, because they know that they had something to drink before they were stopped by the police. However, it is not illegal for adults to drive after drinking alcoholic beverages in any state. The crime of drunk driving occurs only when the person's blood-alcohol level has exceeded the arbitrary numerical standard set by the state, or when the person has demonstrated bad driving that can be causally connected to impairment due to a high blood-alcohol level.
Most attorneys would cringe at the thought that they might have poorly represented a client on a civil matter and that the substandard representation could come back to haunt them. Malpractice in drunk-driving cases carries the same potential for litigation, except that most convicted drivers don't realize that their attorneys may not have properly represented them when advising them to plead guilty or nolo contendere without first checking into the facts of the case. The client doesn't know whether the state's case was validly made or based on an illegal stop. The client is not familiar with the many ways that breath machines may be inaccurate. That is why people need attorneys in the first place-to investigate the case thoroughly and recommend the best alternative.
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