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Massachusetts OUI Attorney Russell Matson's Press Release and Commentary |
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IMMEDIATE RELEASE“Attorney Russell Matson Comments on Distortions in Recent Article on Melanie's Law DUI Loophole”Braintree, MA – The Boston Herald ran an article on an alleged "loophole" in Melanie's Law, a Massachusetts Law passed in 2005 that toughened some penalties for multiple offense drunk driving charges in Massachusetts. As quoted in the Boston Herald, Russell Matson said “The law says in order to have a third offense OUI you need to have had two convictions before the third one happens. It’s crystal clear,” said noted Braintree OUI attorney Russell Matson. “Until they’ve been convicted they’re all first offenses.”There are a number of misleading and sensationalized claims in this article. First, the article describes what is no doubt a fairly rare event in Massachusetts - A defendant who is charged with drunk driving / OUI is arrested for an additional OUI before the first charge is adjudicated in court. The defendant's attorney then worked out a deal with the prosecutor to plead to a second offense OUI in exchange for combining the two charges. This is how our justice system works, and should work. Sure, it is possible that the district attorney could have decided not to deal, and to try to separately convict on a second and a third offense, which would have meant mandatory jail time. However, the defendant could possibly have won either or both charges at trial. Second, there is nothing specific to OUI laws or Melanie's law going on here. This could have happened with any offense. It just as easily could have been two shoplifting charges. There is no OUI "loophole". Third, this is the reason why we have judges with sentencing discretion. The judge could have rejected the deal, and insisted on jail time for a second offense. Presumably, he or she did what he thought was in the best interests of justice. The bottom line is that there is no outrageous legal issue here. Attorney Russell Matson is a criminal defense attorney who concentrates his practice in OUI (Operating Under the Influence) defense. He is a sought-after legal speaker and commentator, having been seen on Fox25 News and Channel 5 in Boston. He has been quoted in the Patriot Ledger, Boston Herald, and Men’s Health Magazine, and he has lectured on OUI & Massachusetts Registry of Motor Vehicle and Hardship License issues for Massachusetts Continuing Legal Education (MCLE) and the Massachusetts Association of Criminal Defense Lawyers (MACDL). His web site is http://www.madrunkdrivingdefense.com. --- |