The OUI Case

An OUI follows the same path as any other case in the court system. Here, you will see what the stages of the typical case are through trial.

Clerk Magistrate Hearing: You will be entitled to a Clerk Magistrate’s Hearing for your OUI case if it is first offense OUI or second offense OUI and you were not arrested. Typically this is because you were sent to the hospital after a car accident. In order to get a Clerk Magistrate’s Hearing you must request one within four days of receiving your citation. At a Clerk Magistrate’s Hearing, your OUI lawyer can argue that there is no probable cause to issue the complaint. See Commonwealth v. H.S. for an example of when Attorney James G. DeGiacomo was able to get an OUI dismissed at a Clerk Magistrate’s Hearing.

Arraignment: If you were arrested for OUI, your first court appearance will be an arraignment. At the arraignment you will be notified of the formal charges against you. It is important to have retained an attorney for your arraignment or shortly after so that they can review the case and preserve any necessary evidence for your defense.

Pre-Trial: The pre-trial dates are where the prosecutor hands over any evidence they may have against you, and you file any motions.

Motions: There are lots of motions that can be filed for OUI cases depending on the circumstances of each case if your rights were violated during your arrest. In some circumstances, the motion can result in the outright dismissal of the case, See Commonwealth v. C.B., or they could lead to the suppression of important evidence, See Commonwealth v. J.M.

Trial: The trial is the culmination of the OUI case. It is here that the prosecutor must prove that you were operating a motor vehicle, on a public way, while under the influence. The burden of proof is guilt beyond a reasonable doubt. See Commonwealth v. V.B.

If you want an experienced OUI lawyer by your side each step of the way, call (617) 941-3666 today.