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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I need help. My daughter live in buzzards bay mass. she has

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I need help. My daughter live in buzzards bay mass. she has an ohio dl because she is the spouse of a military member. she fell asleep at the wheel last nite, hit an exit sign and has been charged with oui. what steps do we need to take now? not sure how mass law is?
Submitted: 12 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 12 months ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was your daughter determined to be under influence of alcohol or drugs at the time of the crash?

What specific legal question do you have regarding your daughter's situation?
Customer: replied 12 months ago.


Yes, she had pulled into a parking lot after the crash. A state highway patrol saw the car and then he charged her with oui, took her to the police station and was arraigned at 9 am this morning. I am in Ohio trying to help her with this situation as she is an emotional wreck at the moment, I just don't know what the next steps she needs to do. She has a hearing in august but what does she need to do until then? Is there any chance of getting a hardship license until the hearing or does she have to wait until the hearing? She works in Boston so it is imperative for her to be able to get to work. Please, I don't know where to turn next.


 

Expert:  Alex J. Esq. replied 12 months ago.
Thank you for your follow up.

What was your daughter's blood alcohol content?

Does your daughter have any prior criminal history?
Customer: replied 12 months ago.


content was 0.18 and no prior criminal history not prior dui/oui etc

Expert:  Alex J. Esq. replied 12 months ago.
What is your daughter's age at the time of this crash?
Customer: replied 12 months ago.


she just turned 27 yesterday.

Expert:  Alex J. Esq. replied 12 months ago.
Thank you for your follow up.

Your daughter has been charged with a very serious crime and the circumstances of this criminal case are aggravated by your daughter's very high BAC and the fact that she was in an accident while OUI and if convicted the maximum penalty is up to 2 1/2 years in prison and a fine of up to $10,000.

Since this is your daughter's first time OUI charge and she doesn't have any prior criminal history, she might be able to get into the first offender program, which would require her to attend AA meeting along with alcohol treatment program, pay fines and surcharges and her driver license would only be suspended for a period of 45-90 days. Also she would be put on at least 1 year probation, but she will be able to avoid potential jail time, if she is accepted into the first offender program.

It is extremely important for your daughter to consult and retain an experienced local OUI / DUI defense attorney who will hopefully be able to negotiate a plea deal which would allow for your daughter to enter into the first time offender's program.

You can find an experienced local OUI / DUI defense attorney in Massachusetts by using these well trusted and reliable attorney information / referral websites:

www.martindale.com.
www.justia.com
www.lexmundi.com
www.lawyers.com

I wish you and your daughter the best of luck
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12756
Experience: Experienced Licensed Attorney
Alex J. Esq. and 13 other Legal Specialists are ready to help you
Expert:  Alex J. Esq. replied 12 months ago.
Do you have any related follow up questions for me?
Customer: replied 12 months ago.


No, unless you know the Massachusetts laws and how they handle a hardship license for an out of state driver's license? From what I have read up on, it only provides information for a hardship if the driver has a Massachusetts drivers license and does not address if that is possible for an out of state license holder. Also need to know if she should be contacting the court prior to the August court date to see if she can get enrolled into the first offender's program or anything else she needs to do prior to appearing in court.

Expert:  Alex J. Esq. replied 12 months ago.
Thank you for your follow up.

Unfortunately, your daughter would not be able to apply for a hardship license until the end of her suspension or 6 months (whichever is longer) and her out of state license would be suspended due to this OUI case.

Your daughter needs to contact a local OUI / DUI defense attorney and this attorney will be able to address the issued in your daughter's case and to represent your daughter in this criminal case.

I wish you the best of luck.

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