I got charged with a oui last night but I wasn't seen driving and wasn't in the car. how could I get charged with an oui

Asked over 1 year ago - Ware, MA

no keys in hand and I only refused to finish the test cause I was having an anxiety attack

Attorney answers (5)

  1. John Brooks Seed

    Contributor Level 10

    4

    Lawyers agree

    Answered . That's a good question. Sounds like you'll have a strong motion to dismiss and an even stronger trial defense. Consult with a strong criminal defense attorney ASAP to go over all of the facts.

    Good luck,

    John Seed
    Krefetz & Seed
    244 Brighton Ave Suite 105
    Allston, MA 02134
    857.251.5482

    www.johnseedlaw.com

  2. Ilir Kavaja

    Contributor Level 15

    4

    Lawyers agree

    Answered . First, you do not provide enough facts to give you any sort of meaningful answer. I am not suggesting you share anything else online; don't, because this is a public forum.

    Second, a review of the police report will help in answering your question. However, you won't be able to get that at least until Monday morning in court (potentially sooner if you hire an attorney before that).

    You may have a viable motion/defense to dismiss the charge, however at this stage it is way too premature to give any sort of opinion on that.

    Lastly, I am assuming you have arraignment coming up on Monday morning. Make sure you show up at 8:30AM and report to the probation department at the courthouse. I highly suggest you hire a defense attorney with experience in OUI cases, because these cases tend to be nuanced and wrinkled; expertise is a must for a favorable outcome. If you can afford to hire an attorney then do so, if you cannot afford to hire one AND if you meet the guidelines for income then the court will appoint you one when you get arraigned.

    I hope this helps and I wish you the best of luck

    Ilir Kavaja, Esq.
    (617) 515-5545

    www.KavajaLaw.com

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
  3. Terri D. Leary

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The fact that you don't believe you were seen driving is different than that you weren't driving, as you know. There are circumstances under which you could be charged even if the police did not see you driving, such as that someone else reported seeing you drive. It is very important that you get an attorney to represent you as soon as possible so that she can investigate, preserve evidence, determine if there was an independent witness and what he/she said, etc., and make the arguments against "operation," etc. There are many ways to fight an OUI, but you need an attorney to do it. Good luck.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  4. Henry Lebensbaum

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Where were you in relation to car?


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  5. Erik Hammarlund

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Since you *were in fact* charged, there are probably some highly relevant reasons why. Call an attorney; don't post details here.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
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