Why You Shouldn’t Plead Guilty
Most People Should not Plead Guilty to Drunk Driving
UNDER THE CHANGES OF MELANIE'S BILL, THE PENALTIES HAVE ENHANCED. THERE IS NO LONGTERM BENEFIT TO PLEADING.
- Effective November 28, 2002, Massachusetts changed its laws concerning drunk driving cases (OUI, DUI, DWI). Instead of a 10 year look back period for multiple offenses, drunk driving cases will now affect you for the REST OF YOUR LIFE.
- Most drunk driving trials in Massachusetts result in a not guilty.
- The Government has the burden of proof to find you guilty Beyond a Reasonable Doubt.
- Beyond a Reasonable Doubt standard is a Huge Hurdle to overcome in Massachusetts if you do not have an attorney experienced in drunk driving cases.
- Your case may be dismissed because the police had no right to stop your car.
- Your case may be dismissed because the police did not tell you certain rights.
- On a first offense you are presumed to get the first offenders program (So called 24D program-16 weeks of classes one time a week) even after trial, therefore in almost all cases there is no reason to plead guilty.
- If you are found guilty of drunk driving, most judges in Massachusetts will sentence you to the same penalty you were offered on a plea of guilty. Most importantly, on a first offense even if you lose you are eligible for a hardship license.