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The Top 14 Reasons to Fight Your DUI at Trial

Attorney Russell Matson says "I Can Beat OUI Cases"

Don't plead guilty to an OUI charge before talking to a top Massachusetts drunk driving defense attorney, and considering all the reasons to fight the case. 

Whether you refused to take a breath test (breathalyzer), or even if you failed it, there is still a real chance to win the case.

Almost every OUI case has good things about it and mitigating factors that I can explain to a jury. My job in an OUI trial is to put the jury members in your shoes: on the side of the road at night, with cars whipping by, a flashlight in your face, knowing that if you can't perform these strange balancing acts in a high pressure situation, you are going to be arrested.

Of course, there are always pros and cons to fighting a case, so if you are confused I can help you go over the facts. I'll discuss the pluses and minuses, and risks in defending an OUI charge, to help you make the best decision for you and your situation. Call me at (781) 380-7730 and take advantage of my free consultation. I'll let you know whether I think it makes sense for you to fight your OUI case at trial, and how likely I think it is that we can win.

There is no question that, for some people, it makes sense to plead guilty, get a hardship license so you can drive again, and move on with your life. (See my reasons why people plead guilty to OUI.)

But make sure you understand the reasons it often makes sense to fight back, such as:

  1. When I fight OUI cases, I usually win. I beat them over 2/3's of the time (and I'll tell you exactly what I think your chances are).
  2. The police may not have had a legitimate reason to pull you over. If the stop wasn't justified, the whole case could be thrown out.
  3. If you refused to perform Field Sobriety Tests, that fact can't be used against you in court. It will not be mentioned.
  4. If you refused to take a breath test, that fact will not be used against you in court. It will not be mentioned at all.
  5. If you failed a breath test, and blew a .08% or over, we can still win.
  6. The police often make mistakes in administering field sobriety tests, making the results scientifically invalid. Attorney Matson has undergone extensive training in field sobriety tests. He is certified to perform and teach others how to perform these tests properly, so he knows the tests better than most police officers.
  7. Under a tough cross examination, Police officers will often admit on the stand that any failure to pass field sobriety tests could be due to factors other than intoxication.
  8. A jury will not know if you have any prior convictions, since that information would be prejudicial.
  9. If you win, you have no record, and haven't increased your risk of facing more serious consequences in the future.
  10. If you lose, in many cases you aren't much worse off than if you plead out, especially for 2nd or 3rd offenses.
  11. If you win, you will avoid substantial increases in your insurance rates.
  12. If you win, you will avoid a sentence that will include significant fines, probation and having to participate in an alcohol education program. 
  13. If you win, all existing future job opportunities remain open. A number of different professional licenses, job opportunities with the police, the military, and other industries may be unavailable to you if you plead guilty or agree to a continuance without a finding (CWOF).

    A permanent criminal record could follow you for the rest of your life, and is part of the public record. The state of Connecticut now lists all criminal convictions on a state website, and Massachusetts could do the same.

    In the future, it is very possible and entirely likely that a google search for your name could turn up your Drunk Driving conviction for anyone to see.
  14. If you win, you will still be able to travel internationally to Canada which is currently restricting entry to anyone with even a 1st offense misdemeanor drunk driving conviction. See the official Canadian Consulate page on the subject of inadmissibility by virtue of criminal conviction.
  15. Drunk driving laws in Massachusetts have been getting stricter every year.  Who knows how the future may treat those who have plead guilty (or even agreed to a CWOF) in the past? 

    Did anyone who plead guilty to an OUI decades ago think they couldn't travel to Canada? Did anyone who plead guilty to a second offense just a couple of years ago know that when there license came up for reinstatement that the laws would have changed, and they now have to get an ignition alcohol interlock installed?

For more info, listen to my podcast where I talk about my thoughts on the decision to fight your case or plead guilty.

Call me at any hour for a free consultation on the specifics of your case, and what I can do to defend your rights. I tell you if I think I can beat your OUI case, and why. Call (781) 380-7730 now. There's no obligation, so you have nothing to lose by calling.

Russell Matson, Attorney at Law 

(781) 380-7730

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Attorney Russell Matson concentrates his practice in DUI Defense. He is a recognized authority on Drunk Driving law and legal issues.
Reading this site is no substitute for legal advice.

2010 The Law Offices of Russell J Matson, PC

44 Adams St, Suite 5
Braintree, MA 02184
(781) 380-7730