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I was arrested for DUI, my level was 0.09. Apparently some on with a grough called them as soon as they saw me. I was not drunk

Amesbury, MA |

I had been in the hospital for 2 weeks. The local Dog officer seazed my dogs. When I spoke to him he told me I was never getting them back. I went to the Mayor and all was resolved. The day I picked them up the dog officer called the police and said a wa drunk. I had had 1 glass of wine with lunch and was far from drunk.

Attorney Answers 7

  1. No matter how the officer came to find you, the charge was issued. You will need an attorney to defend you in this charge. She will look closely at all the details and determine all the weaknesses on the state's case, especially of the officer invented facts to support the charge. All calls to the department are recorded and can be used in your defense. Even the validity of the breathalyzer test will be scrutinized by a knowledgeable attorney. I have been very successful in OUI cases where the BT is marginal. Impairment does not happen to everyone at the same alcohol level.

    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.

  2. I'm not sure what exactly your question is, but you need to consult a local DUI attorney right away. Most of us offer free consultations, and there are driving privilege issues that need to be addressed in a timely manner. I strongly encourage you to call a DUI lawyer asap. I'm not sure if there is a legal connection between the dogs and your DUI, but a good lawyer will be able to help you. Best of luck.

  3. It appears as though your question is two-fold:

    (1) What can I do about my DUI and

    (2) What can I do about my dogs?

    In answer to your DUI inquiry, seeing as how your BAC was marginal, you could likely have the charges reduced to a lesser offense should you contact local counsel (pending you do not have prior like arrests). Contact an Amesbury attorney in order to address this.

    In answer to your inquiry concerning the dogs, you are better served hiring a local attorney than seeking the help of the Amesbury Mayor (even though it is a closely knit/small town) in return of your animals. An attorney will likely secure the return of your animals pending no improper conduct on your part.

    Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed.

  4. Get a lawyer.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
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    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. Your statement of facts is extremely confusing. If you had a .09 after arriving, your statement that you were not drunk id of little importance. You were over the limit. Further, it sounds as if you had more than one glass of wine. The judge will feel insulted if you stick to that story. Hire an attorney.

  6. I do not see a question in here, but I think I have an idea as to what you may be asking.
    First, if you have not done so already, talk with a Defense Attorney ASAP. Most will offer at least a free consultation.
    Second, DO NOT take this lightly! A conviction for a second OUI has the potential to send you to jail for at least 60 days.
    Third, you do not have to be drunk to be impaired and break the OUI statute. You may be found guilty under two theories in MA. Impairment or a Per Se violation of the statute. From the facts you provide (and I urge you not to provide anymore detail on public forums) I assume the prosecution may move forward under the Per-Se violation theory.
    However, there are a lot of other steps and remedies available to you prior to there every being a trial. Again, contact a defense attorney ASAP and abide by his/her advice.

    Best of luck

    Disclaimer: the above is NOT legal advice, but merely a general answer to your question. It does NOT create an Attorney-Client relationship with Attorney Kavaja.

  7. .09 is a defensible result. The BT is only accurate within .02 so you may have only been .07 in which case there would be ample reasonable doubt as to whether you were technically under the influence of alcohol. For a free telephone consultation, call me at 774 254 4411. For more information, log onto Because this is your second offense, the stakes are getting higher for you. The first issue is whether you can find some issue with the way that the BT was administered that could lead to suppression of the test result. Of course, I would be very interested in reading the police report to determine the strengths and weaknesses of the case independent of the BT. Remember, it is not a crime in Massachusetts to drink alcohol and drive. People have a drink or two and then drive after weddings, parties, dinners, ect. every day in this country. It is only a crime if you drank so much alcohol that your ability to drive safely was reduced.

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