http://DelSignoreDefense.com
A common question that comes up with Massachusetts OUI Charges is, "Can I be charged with OUI in Massachusetts if the police did not see me driving"?
Lets say you get in an accident and are on the side of the road, you are out of the car and the police approach. No one saw you drive, can the police prove the element of operation. Often an individual arrested will admit to being the operator. However, in Massachusetts an admission alone is not enough to establish a criminal offense, this is known as the uncorroborated confession rule. The officer than will have to prove other evidence of operation. This will include damage to the car, proof it was in an accident, the fact that you are the registered owner. In this type of case, operation may be a possible defense. The next time case operation comes up is if you are behind the wheel with the key in the ignition. Massachusetts courts have held that if the car is running even if in park, this constitutes operation. You can learn more about Massachusetts drunk driving defenses by visiting http://www.DelSignoreDefense.com or by calling me at 781-686-5924.
12 Welch Avenue, Suite 5
Stoughton, MA 02072
781-686-5924
7 North Main Street, Suite 219A
Attleboro, MA 02703
