How to Fight an OUI Case
First Offense OUI Penalties
There is a path to victory in every OUI case. However, some of those paths are more tenable than others. Attorneys James G. DeGiacomo and Sergey Mikhlin are experienced in fighting OUI cases and have the tools necessary to put you in the best possible position. When deciding to fight an OUI case we look at the following:
- The strength of the prosecutor’s case.
- The court penalties that are being faced.
- The RMV penalties that are being faced.
- Any benefits that may exist to accepting a plea.
- What court the case is being heard in.
The Strength of the Commonwealth’s Case
How strong of a case the prosecutor has against you depends on a variety of factors. Attorneys DeGiacomo and Mikhlin will review the police report, videos, photos, and other tangible evidence. They will then look to the breathalyzer and medical records. If any of the evidence can be suppressed, Attorneys DeGiacomo and Mikhlin will file a motion to seek to have the court order that the prosecutor not use certain evidence.
Attorneys DeGiacomo and Mikhlin will also ask you about your medical history and job history, as often certain aspects of your life can be used to defend you case.
The Court Penalties Faced
It is important to understand what the penalties are when deciding to fight an OUI case. If you are facing mandatory jail time, it may be necessary to fight the case as a plea may not be worth taking.
The RMV Penalties Faced
Attorneys DeGiacomo and Mikhlin also work with you to determine what the RMV penalties will be if you go to trial and lose versus if you take a plea. Often, the RMV penalties are so severe that your only option is to fight the OUI case.
Benefits to Accepting a Plea
Sometimes there may be a large benefit to accepting a plea. For instance, if you are charged with a third offense OUI and are facing a minimum mandatory jail sentence, a plea may keep you out of jail if the prosecutor is offering to break the charge down to a second offense. However, sometimes there is no tangible benefit to accepting a plea, and going to trial makes the most sense.
Where the Case is Being Heard
In a perfect world, the venue of the case wouldn’t matter. However, we do not live in a perfect world. Some courts are known to have defense friendly judges, while others are known to have prosecution oriented judges. In some courts you can get a trial quickly, while in others it may take over a year to get a trial. Attorneys DeGiacomo and Mikhlin take all of this into consideration when advising you on whether or not to fight an OUI.
DeGiacomo & Mikhlin, P.C.
Boston OUI Attorneys James G. DeGiacomo and Sergey Mikhlin pride themselves on ensuring that their clients have all the information to make the decision of whether or not to fight an OUI case. If you have been charged with OUI, call (617) 941-3666 today for a free case evaluation.