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What Problems with an OUI Investigation Can Be Used in My Criminal Defense?

Posted on : September 25, 2018
Drunk Driving

How Problems In An OUI Investigation Help A Criminal Defense

You should know that one of the most powerful ways to fight back against an OUI allegation in the state of Massachusetts is to understand how the investigation was carried out and whether or not mistakes were made that violated your rights or involved the collection of evidence that should not have been taken to begin with.

Mistakes made in OUI investigations could lead to the charges being completely dropped against you. In many cases, because a person was pulled over for a minor traffic violation, it is easy for the prosecution to prove two of the three key elements for an OUI; that you were operating a motor vehicle and you were operating it on a public way.

However, the third element of this charge is that you operated the motor vehicle on a public way under the influence of drugs or alcohol. If there is not enough evidence for the prosecution to show that you indeed did this or if the evidence was collected incorrectly, you can raise these concerns in your criminal defense allegation. Police officers do make mistakes, and this is why they may still arrest you if there is any doubt that you could be under the influence of drugs or alcohol.

The prosecution, however, is held to a high standard of proof and this is why it is important to sit down with a criminal defense attorney after you have been accused, to walk through whether or not there is ample evidence that they may have violated your rights or crossed the line. You might not realize that one small detail could have important implications for the rest of your criminal defense case but your OUI lawyer will know what questions to ask to help you determine this.

If you can show flaws in the way they carried out the arrest or managed your case, this information can be vital for your future.


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