Your Massachusetts DWI Lawyer wants you to be well informed. These 5 myths about Drunk Driving 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.
5 Myths about Drunk Driving
Five Myths About Defending Accused Drunk Drivers
by William C. Head
Reprinted with permission of TRIAL (March 1993)
Copyright the Association of Trial Lawyers of America
Almost every attorney is at one time or another confronted with a client, friend, or family member charged with drunk driving. Because accused drunk drivers are immediately charged with a crime, drunk-driving cases represent the single largest category of criminal infractions of all reported cases, with about 200,000 more cases processed each year than all theft and larceny offenses combined. Even attorneys who do not generally handle criminal matters are routinely asked how an accused person should proceed in a drunk-driving case.
In the 1960s, driving under the influence of alcohol was considered a minor offense, leading to modest fines; in the 1990s, it is considered the most serious misdemeanor offense. In several states, repeat offenders are considered felons.
Nearly 2 million drunk-driving cases are filed by law enforcement officers around the country every year. These cases take up a large portion of the criminal docket of most court systems. Because the penalties for drunk driving have increased, many of those charged with this crime now must seriously consider alternatives to pleading guilty or nolo contendere. For the rest of the 1990s, the absence of palatable alternatives for the accused driver will lead to a dramatic increase in these trials.
Most attorneys harbor many myths and misconceptions about this offense. These can lead to malpractice. In this article, I will address five myths about defending accused drunk drivers.