Multiple questions around DUI first offense in Massachussetts

[AlexeiL]

Im a MA resident who moved to NY not too long before getting my DUI. When this happened I was back in MA and still had my MA license. I got my truck stuck in the mud about 20 ft away from the road, trying to turn around because i missed my turn. Thats how the officer found me: off the road with a case of beer in the cab, me reeking of booze, trying to get the truck out.
Now, in the report he noted that he didnt observe me driving, but that he saw going back and forth trying to get the truck out.
I blew a 0.20 bac, and failed field sobriety. (too drunk to refuse the tests)

Basically what im wondering is:
Any wiggle room, since I wasnt on a public road?
Since my residency is in NY, even though I had a MA license, what do I do with the 24D(MA alcohol course) and the Hardship License.
And will NY want a piece of the fines/penalties?

 

[Zigner]

What has your attorney said about this matter and these questions?

 

[LdiJ]

What has your attorney said about this matter and these questions?

Because you really really really need one.

 

[AlexeiL]

I saw the court-appointed attorney for about 25 mins. He said I shouldn't have done the breathalyzer. Other than that, not much help, and he wont see me until the day of court.

 

[FlyingRon]

If you got there by driving off a public road, it probably fits into the "public way" definition that DUI applies to. Further, he didn't have to actually see you leave the road if there was evidence (tire tracks from your vehicle to the road) or you made incriminating statements (as they say, it can be taken down and used against you in court).

You're screwed because you illegally retained your Massachusetts license. The court is unlikely to give you any consideration, expect to have to take the courses in Massachusetts if you want to be relicensed. Note, the cat's out of the bag now. NY will not issue you unti you resolve the Mass. mess. Had you an NY drivers license like you should, they would likely suspend that when they received the news from Massachusetts, but as it is, there's not much more they can do to you.

Your first appearance was/is the arraignment. Expect at least two more appearances before this is done.

 

[HighwayMan]

...he noted that he didnt observe me driving, but that he saw going back and forth trying to get the truck out.

Gee, that sounds like driving to me.

Any wiggle room, since I wasnt on a public road?

I seriously doubt that.

And will NY want a piece of the fines/penalties?

If you are a NY resident you are required to have a NY license. Of course, NY will find out about the DUI (if convicted) and IF you apply for a NY license chances are it will be a Conditional License with all kinds of restrictions - that is if you are convicted of any alcohol-related offense.

 

[jdbofky]

20' from the paved road is probably still in the public right-of-way. The MA statute covers "any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle". I think that probably adequately describes where you were.

 

[quincy]

I saw the court-appointed attorney for about 25 mins. He said I shouldn't have done the breathalyzer. Other than that, not much help, and he wont see me until the day of court.

Because this is an older thread, it is entirely possible that since posting AlexeiL has spoken to his attorney and has been able to have any of his additional questions answered (and to be advised by the attorney not to talk about his case on the internet ).

Here, however, is a link to the Massachusetts Public Defender Agency Directory that AlexeiL and others who have court-appointed attorneys in Massachusetts can use to contact the attorney who has been appointed to their case: https://www.publiccounsel.net/dir/

No one should contact their attorney without good reason, however. Most public defenders have extremely large case loads and cannot devote too much time to unnecessary and unimportant questions from their clients.