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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

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. 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

  2. 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

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

  3. 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 reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

  4. Where were you in relation to car?

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (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 Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

  5. 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 on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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