Michael Delsignore - Can I be charged with OUI in Massachusetts if I was not arrested?

2013-06-24 37

http://DelSignoreDefense.com

What if you were not arrested, can a police officer still charge you with OUI in Massachusetts. Even if you are not arrested, you still can be charged with OUI but the process will start differently. Often, in an accident case, where you are taken to the hospital, the police officer will not arrest you. However, if the officer gives you a citation for OUI either at the hospital or through the mail, the process will start where you will be charged with OUI. Instead of receiving a date to appear in court, you will receive notice to appear at what is called a clerk magistrate hearing.

At a clerk magistrate hearing, the clerk will determine whether there is probable cause to issue the complaint and charge you with OUI. Probable cause is a very low standard and often the complaint will be issued. There are two potential defenses to an OUI charge when you are not arrested: Those defenses center around the issue of whether or not you received a citation and how long after the incident did you receive it.

You can learn more about whether there is video of your Massachusetts OUI arrest by visiting http://www.DelSignoreDefense.com or by calling 781-686-5924.

12 Welch Avenue, Suite 5
Stoughton, MA 02072
781-686-5924

7 North Main Street, Suite 219A
Attleboro, MA 02703
508-455-4755

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