The OUI Case Process A Respected Defense Attorney Serving Boston & Beyond

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 Attorney James G. DeGiacomo today.

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Feel Confident in Choosing James G. DeGiacomo
  • Available to Clients 24/7
  • Nearly a Decade of Legal Experience
  • Successfully Defended Hundreds of Clients
  • Former Prosecutor & Knows How That Side Thinks
  • Represented Clients in MA District, Superior, & Appellate Courts

Hear From Clients in Their Own Words

    Cannot give him a higher recommendation.

    “If you need someone that is dedicated, careful and diligent Jim is your man.”

    - William M.
    If there was an option of more than 5 stars, I would definitely give you more!

    “He was very professional and always knew the answers to all my questions.”

    - Samantha M.
    His attention to detail in my case was second to none.

    “Jim represented me and did an excellent job. His attention to detail in my case was second to none. I highly recommend him as a defense attorney.”

    - Ryan H.
    He got fantastic results.

    “I had gotten a second OUI and I strongly feel that he did a fantastic job representing me.”

    - Andy M.
    Absolutely recommend.

    “Worked tirelessly to make sure I got the best possible outcome.”

    - Former Client
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