What is a CWOF (Continuance Without a Finding) on an OUI?
If you are charged with an OUI you may be eligible for a Continuance Without A Finding, otherwise known as a CWOF, as a disposition. A CWOF will only be available if you are charged with a First Offense OUI, and can be a good disposition in some circumstances.
A CWOF is a pre-trial disposition, meaning that it is a result of a plea – it typically cannot be given after trial. What it means is that the defendant in a criminal case admits that there are sufficient facts to support a guilty finding. This means that the defendant is say the government can prove him guilty based on the evidence. As a result, the defendant will be placed on probation with a number of conditions. Here are the conditions that are typical in an OUI case:
- Do not get charged with any new offenses (this is a condition with all CWOFs).
- Take an alcohol education course.
- Pay fines and fees.
Some other conditions that can be added to a CWOF in OUI cases based on the particular circumstances are:
- 24Q evaluation.
- To remain alcohol and drug free with random screens.
- To remain alcohol free with the SCRAM device.
- No driving.
The main benefit of a CWOF in an OUI case is that once the probationary period successfully ends, the case will be dismissed. This means that you were not convicted. It also won’t appear on some background checks.
While these are some obvious benefits to a CWOF on an OUI case, depending on the circumstances of each case it may not be the best option available.
If you have been charged with an OUI, and want to know whether or not a COWF makes sense for you, call (617) 941-3666 Attorney James G. DeGiacomo today.
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