It is highly unlikely that the court would dismiss an OUI based on a technicality such as the one you have described. However, two things to keep in mind: (1) do not post any further details about your case in this forum or any other public forum. (2) Speak to a defense attorney immediately: there may be discussions that your attorney can have with the prosecutor to seek to resolve this case in a meaningful way, and rules about having a "second OUI" treated as a "first" - due to the time passed since the real first charge - can come into play in your case.
Attorney Dylan Hayre's law practice, A Lawyer for Soldiers, focuses on representing veterans and military families in civil and criminal litigation. Attorney Hayre also represents civilian clients, and handles all matters on a flat fee basis. For more information or to schedule a free consultation, visit: www.LawyerForSoldiers.com. You can also email Attorney Hayre at: DHayre@LawyerForSoldiers.com.
The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer. To contact Attorney Dylan Hayre, please visit: www.LawyerForSoldiers.com.
I agree with the above two lawyers. Couple things, you can have it treated as a first and avoid a 2 yr LOL (loss of license). Lastly, failing the BT does not mean your guilty. There are several ways to have it suppressed if the proper procedures were not followed.
Nicholas Howie Esq
Licensed in MA & NH
Retain an experienced OUI attorney as soon as possible. It is highly unlikely that you would be able to have this matter thrown out because of such a nominal mistake. However, you may be entitled to a plea deal that would entitle you to a much lesser sentence than what would typically be the case for a two-time offender.
1. Do you have an attorney? If you do, then speak ONLY with your attorney about your case and do not post things online. If you do not have an attorney, I suggest you contact a local OUI attorney ASAP.
2. How old is this "second" OUI? If fairly recent, then a missing signature on the ticket is unlikely to result in a dismissal. However, in front of a sympathetic judge it may carry some weight.
3. There are many ways to fight an OUI and try to exclude the breathalyzer test results. Do not think that a missing signature on the ticket is your only hope.
Again, I want to emphasize the importance of you speaking with an OUI attorney ASAP and consulting in private and confidence.
I have attached a link to my OUI blog so you may read it and compare notes about what happened in your situation.
Hope this helps and good luck,
Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116
The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.