Massachusetts Criminal Defense Firm 877.385.4179

Specializing In Civil Traffic Violations And Motor Vehicle Crimes Including: DUI/OUI, Reckless Driving, Driving On A Suspended License, Leaving The Scene of An Accident, Drag Racing, Speeding Tickets, Red Light Violations, And More. Get Legal Help Today.

Get Legal Help. 877.385.4179
  • Call Today For A Free Case Evaluation And Find Out How We Can Help You.

    Call Today For A Free Case Evaluation And Find Out How We Can Help You.

  • Serving The Greater Boston Area

    Serving The Greater Boston Area

DUI/OUI Charges

DUI/OUI Charges

Have You Been Accused of Driving Under The Influence (DUI/OUI). Failed A Field Sobriety Test? Required To Use an Interlock Device? Get The Representation You Deserve. Contact Our Firm Today For Legal Help. We Know The Law, We Know The Courts. Get Out Of Trouble.
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Motor Vehicle Crimes

Motor Vehicle Crimes

Have You Been Accused of a Criminal Traffic Violation or Motor Vehicle Crime? Cited For Reckless Driving or Negligent Operation? Caught Driving On A Suspended License? You Need A Boston Traffic Violation Lawyer. Get The Legal Help You Deserve. Free Case Evaluations.
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Civil Traffic Violations

Civil Traffic Violations

Have You Received A Speeding Ticket? Cited For Another Traffic Violation Such As Running A Red Light, Or Rolling Through A Stop Sign. Don't Pay Your Ticket. Don't Get Points On Your License. Get Legal Help Today. Schedule A Free Case Evaluation With A Boston Speeding Ticket Lawyer.
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Criminal Charges

Criminal Charges

Looking For More Information About Boston Criminal Charges or General Criminal Defense Help? Visit Our Criminal Defense Page To Learn More About What Other Criminal Defense Services We Offer Including Assault and Battery, Drug Possession and Distribution, and More.
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How Do I Beat A Massachusetts Speeding Ticket?

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How To Beat A Massachusetts Speeding Ticket | Massachusetts Speeding Ticket Attorney | Fight Appeal Challenge or Win My Massachusetts traffic ticketMassachusetts has some of the strict rules and procedures when it comes to civil traffic violations such as speeding, yet  the commonwealth issues thousands of citation each year.  In Massachusetts, if a police officer sights you for driving over the limit, you only have twenty days in which to request a hearing on the ticket or risk waiving your right to appeal. If cited, by submitting a twenty-five dollar check, and following the instructions for requesting an appeal on the reverse side of the ticket, you can have the Massachusetts trial court, schedule your matter for a civil motor vehicle infraction hearing or clerk magistrate hearing as it is sometimes called.

What Happens After I Request A Hearing?

Once your hearing is scheduled by the court you will receive a letter confirming the hearing. Typically this takes 4-6 weeks from the date you submit the original request.  The letter will tell you when and where your hearing is to be held, and what violations you are charged with. Remember, don’t be nervous.  The hearing  is your opportunity to present your side of the case.

Who Will Be At The Hearing?

Present will at the hearing with be the clerk magistrate who will adjudicate your claim, the appointed police prosecutor, yourself, counsel, and any witnesses that can provide helpful testimony on your behalf. While the hearing is somewhat informal, being held in a number of different court room settings, you will still be required to provide sworn testimony about your citation.

What Happens After I Testify?

Upon a hearing of the facts, and sometimes after a spirited discussion, the clerk magistrate will issue his or her ruling finding that you are “responsible” or “not responsible”. If you are found not-responsible that’s the end of the line. You will not receive any points or surcharges for the incident, a record will appear on your driving history but will show the charges dismissed. Sometimes, the clerk may offer instead to reduce the cost of the ticket as a half way measure. Depending on the strength of your case you may want to consider accepting the reduced ticket, but you will still incur the points. For this reason, sometime it is advantageous to appeal further.

Can I Appeal If I Don’t Like The Decision?

No matter what the disposition of the case, you have the right to appeal to a judge of the district court. The judge will hear your matter completely anew without regard to the finding of the clerk magistrate. In this sense, it’s a completely fresh bite at the appeal. On appeal to the judge, you will once again provide sworn testimony, though this time in a formal courtroom setting, and you will have the opportunity to cross examine the police officer who actually cited you, as well as present any witnesses or evidence you may have.

How Can JCO Law Firm Help?

At JCO Law Firm, we regularly represent good people accused of civil motor vehicle violations such as speeding, red light violations, driving to endanger, reckless driving, and other civil and criminal traffic violations. If you feel you were wrongly accused, or otherwise wish you fight, appeal, or challenge your speeding ticket, or other traffic violation,then contact our firm immediately for a free case evaluation. Our Massachusetts Speeding Ticket Attorneys know the law, we know the courts, we know how to get you out of trouble fast. We are successful in the fast majority of cases we take on even where the facts are not in our clients favor.

Massachusetts Speeding Ticket Lawyer | How To Beat A Massachusetts Speeding Ticket

 

 

3 Things You Need To Know About Field Sobriety Tests

Field sobriety tests aim to measure a person’s sobriety and dexterity.  Without a breathalyzer, a person’s performance of these tests is the primary evidence used against them for a DUI/OUI charge.

The standard field sobriety tests include:

  1. The horizontal gaze nystagmus (HGN) which is an involuntary jerking of the eyeball that occurs naturally as the eyes gaze side to side.
  2. The walk and turn test, which requires the individual to take nine stops, heel-to-toe along a straight line, turn on one foot and return the same manner in the opposite direction.
  3. The one leg stand, where for 30 seconds the suspect is timed as he/she stands on one foot, with the other about 6 inches off the ground, and counts by thousands.

Other less standard tests include reciting the alphabet, counting out loud, or finger dexterity tests.

The field sobriety tests are not foolproof, and are very subjective.  Some people who are not even under the influence fail them as well. If you have questions about your field sobriety test or would like to speak to a Boston DUI Lawyer, please contact JCO Law Firm today!

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What Field Sobriety Tests Are Used In Massachusetts?

What Field Sobriety Tests are Used In Massachusetts?

DUIThis is a great question. Police officers attempt to administer about six separate tests in Massachusetts. In no particular order these are the horizontal gaze nystagmus (HGN) test, the walk and turn test, the alphabet test, the one-legged stand test, the finger to nose test and the counting test. The HGN test requires a police officer to observe the eyes of a suspect while the person follows a slow moving object with his eyes horizontally. The officer looks for certain reactions in the eyes that, if shown, can demonstrate alcohol impairment. The walk and turn test requires the suspect to walk nine steps, heel to toe, turn on one foot after the ninth step and repeat the process in the other direction. The one-legged stand test has the subject stand on one leg while holding the other leg six inches off of the ground for thirty seconds. The alphabet test and counting test are administered in several ways. The suspect can be asked to recite the entire alphabet or portions thereof. For example, he might be asked to start at “h” and end at “q.” The counting test is conducted similarly and may require the subject to count backwards. The finger to nose test asks the person to close his eyes and touch an area of the nose with one finger.

For More Information Contact JCO Law Firm Today And Get the Defense You Deserve!

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Can I Get A Hardship License In A DUI Case?

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An individual is eligible to get a hardship license on a 1st Offense Massachusetts drunk driving charge once the case is resolved. If you take a breathalyzer test and fail, the suspension is thirty days and you will be eligible to get your license back after the thirty days.

If you elect to accept a plea prior to the expiration of the thirty day breathalyzer refusal suspension, you would be able to get a hardship license immediately. On a first offense Massachusetts DUI charge, you would likely receive a forty five day loss of license. You would be eligible to get a hardship license within three business days, upon:

Letter of enrollment in the 24D Alcohol Education Program.

You must have a legitimate need for hardship, which is a letter on employer letterhead, not more than thirty days old, stating the need for the hardship and the work hours.

If you are self employed, you must present proof of self employment in the form of business certificates, tax forms indicating self employment or a professional license. You can also submit a letter from yourself indicating the need for the hardship and your hours that you are requesting the hardship license for.

Hardship licenses are also available for education and medical purposes and require documentation that supports the educational purpose or medical treatment required.

You are also responsible for providing proof that there is no reasonable available public transportation. To satisfy this burden, you can use Map Quest and bus schedules and routes, to show that it would be a hardship to require you to take public transportation.
If you refused a breathalyzer test, your license is suspended for six months if you are over 21 and have no other OUI/DUI convictions and do not appeal the suspension to the RMV.

If you want to obtain your license back as quickly as possible, one way to do so is to obtain a quick trial date. If you refused a breathalyzer test, and are found not guilty on the DUI charge, there is a presumption that your license would be reinstated. Otherwise, the only way to get a hardship license if your refuse the breathalyzer test is by resolving the DUI charge by way of a plea agreement.

At JCO Law Firm we can help you get your DUI dismissed.

We know the law, we know the courts, we know how to get you out of trouble fast. If you are facing DUI/OUI charges or need help in getting a hardship license, contact our firm today.

GET LEGAL HELP, TODAY | 877-385-4179

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WHAT ARE THE CONSEQUENCES OF ACCEPTING A CWOF IN A DUI CASE?

 The most important thing to understand is that while a Continuance Without a Finding (CWOF) is technically not a conviction, it is an

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admission to the charge of operating under the influence of alcohol and will count as a first offense conviction for the purpose of license suspensions with the RMV. Additionally, if you are charged again, a CWOF will count as a conviction and you will be charged as a second offender. By accepting a CWOF, you will be placed on probation, have to complete a 24D Alcohol Education program and pay fines and fees while incurring a 45 day license loss.

Since a CWOF counts as an DUI Conviction, you should consider contesting the charge at trial. Typically, even if you are found guilty, you will not face a substantially different sentence after trial. Typically, the Court will impose a guilty finding with the same terms and conditions of probation as you would receive if you admit to the charge and accepted a CWOF.

The most important point to understand when you accept a CWOF is that it is an admission to the DUI charge. Some believe because of the case is continued without a finding that it does not count as an DUI conviction.

If you have been charged with a DUI/OUI you need legal help now.
At JCO LAW FIRM, we know the law, we know the courts, we can get you out of trouble fast.

CALL TODAY FOR A FREE CASE EVALUATION WITH A MASSACHUSETTS DUI ATTORNEY. 877-385-4179.

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