Melanie's Bill, and the Impact on Proving Multiple OUI Offenses

Massachusetts DUI Lawyer Comments on Proposed Tougher Drunk Driving Laws

Latest updates on Melanie's Law. Updated in 2012.

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(Also Attorney Russell Matson's previous Melanie's Law comments.)

Brockton MA - October 27, 2005 -

Much has been made about the changes proposed in Melanie's Bill to make it easier to prove prior OUI / DUI / Drunk Driving convictions. It is true that it under the current laws, it is occasionally difficult for the Commonwealth to prove prior offenses. However, despite the hysteria in the newspapers and on talk radio, it is simply untrue that multiple OUI offenders are frequently convicted, yet still walk away with light sentences and no jail time due to the inability to prove these convictions.

In fact, most of the time, they can and do prove the priors. But even in cases when they can't prove the prior OUIs, the judge still has it entirely within his discretion to impose harsher sentences & penalties suitable to a 3rd or 4th offense, even when technically they are only being convicted for a 1st or 2nd. The judge certainly knows about the priors, and judges frequently sentence these offenders to jail time.

In addition, none of this applies to the Massachusetts Registry of Motor Vehicles. The Registry will still suspend the person's license for many years or even permanently depending on the number of convictions, regardless of whether the priors were proven in criminal court. Therefore there's no reason to believe these multiple offenders are legally behind the wheel.

Attorney Russell Matson is a prominent Massachusetts OUI / Drunk Driving Defense Attorney.

For more information about Massachusetts Laws, License Suspension Rules, Registry of Motor Vehicle Hearings, or additional comments on Melanie's Law, contact Russell Matson at (781)380-7730, or refer to his web site, http://madrunk.pdxids.com

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