There have been several recent court decisions in Massachusetts OUI Law that deserve special attention. Please contact Stephen Jones, your Massachusetts OUI Lawyer, to learn how these decisions affect your case.

Subsequent Offense

Commonwealth v. Hernandez

Appeals Court

February 9, 2004

The subsequent offense portion of a complaint is not an element of the crime; it is "merely a sentencing enhancement provision" that requires independent proof.

The defendant was arrested for and charged with OUI in November (1st case). In December, he was arrested again for OUI and charged with OUI "second or subsequent offense." In January, he pled guilty on the 1st case; four days later he pled guilty on the 2nd case and received a standard second offense disposition. He later moved to withdraw his guilty plea on the 2nd case on the basis that, when he was charged with the 2nd case he had not been "previously convicted" of OUI and therefore should not have been sentenced as a second offender.

The Appeals Court agreed that the defendant should not have been sentenced as a second offender, since he had not yet been convicted of the 1st case at the time he committed the 2nd case. The Court did not, however, allow him to withdraw his guilty plea because the defendant's plea to the offense of OUI was valid. The Court noted that the subsequent offense portion of the charge is not an element of the crime but merely a sentencing enhancement. The elements of OUI and OUI second offense are therefore the same. As a result, the fact that the defendant was not "previously convicted" had no effect on his plea to OUI.

Contact your MA OUI Lawyer to learn more about how these OUI Case decisions affect you.

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