third oui

[rodr223]

hat is the name of your state (only U.S. law)? massachusetts
I have a friend who recieved his third oui Friday night.He was detained for an hour and forty
five minutes on the side of the road.He came upon a downed wire and the cop had road blocked so he pulled over to the right.Cop approached his vehicle and told him he would get him out of there in a minute,then stated he smelled alcohol and told him to wait.The keys were left in vehicle for entire detention period,and he was never asked for license and registration.He did state that he had 4 beers to cop,but refused all tests.I have seen police report so I know these are the facts.
In Massachusetts the prosecution is not allowed to bring up priors or test refusals to the jury it
cannot be mentioned,found this out from a cop friend of mine who used to be police prosecutor.
My friend is a bodybuilder and weighs 215 pounds,pretty much solid muscle.Would this have
any effect on him saying he drank 4 beers,i've drank with him and that amount does'nt phase him.
Looking for any advice to help him he is very old school and does'nt even own a computer.
Thanks in advanceWhat is the name of your state (only U.S. law)?

 

[JETX]

Looking for any advice to help him

Help him do what??
If you really want to help him... pay for him to have a GOOD attorney.

 

[Peligroso27]

If he wasn't drunk he shouldn't have refused the tests. Saying you drank four beers and actually having four beers amounts to two entirely different situations. He needs a lawyer.....

 

[rodr223]

He is planning on getting a good attorney.I'm just trying to get some sense of what he is up against.Some states I have seen in previous posts they can notify jury of priors and refusals.
I googled Mass. laws and all the sites state
1.Suspects are not presumed guilty with a bac over .08

2.Jury cannot be informed of prior convictions.

Jury cannot be informed of test refusals.Even the hgn test is not admissable in Mass.
My cop friend told me that because his first conviction was 21 years ago and his second was 16 years ago that a lawyer would be able to get it reduced to a second offense.But that it was defendable and he might have a shot at trial.
There is no video or audio tapes of him my cop friend(who is a captain)made a call and spoke
with a friend of his who was the shift commander that night.

 

[BigMistakeFl]

Trial?

You're assuming this will make it to trial. That happens very infrequently, and the prosecutor will be very aware of his priors and his refusal.

 

[rodr223]

He understands that,but does'nt he have a right to a trial?

 

[BigMistakeFl]

Yes

Sure he has that right. I'm just suggesting that it may not get to that point, and the people with whom he will be "bargaining" will have all information before them.

 

[rodr223]

Thanks for the input BigMistakeFl
I was just wondering from reading other posts on this site it seems some states allow priors
and refusals to be told to the jury.Like I stated previously Massachusetts does not allow this
so I would assume that the jury would think it was his first oui.I know the officers testimony
carries weight,but if I were on the jury I would want more proof than just his observations!!

 

[seniorjudge]

...
I know the officers testimony carries weight,but if I were on the jury I would want more proof than just his observations!!
...

And why would the jury not want to hear the testimony of an expert witness?

 

[rodr223]

I'm not saying that senior judge,i'm just saying that I personally would want a bac reading or some mention of fst failure for me to vote guilty.Many people are charged with oui and I don't believe that they are all guilty.Without any apparent drunken behavior I would not be comfortable convicting someone.

 

[seniorjudge]

I'm not saying that senior judge,i'm just saying that I personally would want a bac reading or some mention of fst failure for me to vote guilty.Many people are charged with oui and I don't believe that they are all guilty.Without any apparent drunken behavior I would not be comfortable convicting someone.

M.G.L. - Chapter 90, Section 24

The statute does not require apparent drunken behavior.

 

[HomeGuru]

hat is the name of your state (only U.S. law)? massachusetts
I have a friend who recieved his third oui Friday night.He was detained for an hour and forty
five minutes on the side of the road.He came upon a downed wire and the cop had road blocked so he pulled over to the right.Cop approached his vehicle and told him he would get him out of there in a minute,then stated he smelled alcohol and told him to wait.The keys were left in vehicle for entire detention period,and he was never asked for license and registration.He did state that he had 4 beers to cop,but refused all tests.I have seen police report so I know these are the facts.
In Massachusetts the prosecution is not allowed to bring up priors or test refusals to the jury it
cannot be mentioned,found this out from a cop friend of mine who used to be police prosecutor.
My friend is a bodybuilder and weighs 215 pounds,pretty much solid muscle.Would this have
any effect on him saying he drank 4 beers,i've drank with him and that amount does'nt phase him.
Looking for any advice to help him he is very old school and does'nt even own a computer.
Thanks in advanceWhat is the name of your state (only U.S. law)?

**A: what the heck is a oui? It's yes in French.

 

[rodr223]

They call a dui an oui in Mass.
oui= operating under influence

 

[seniorjudge]

le troisieme oui