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Is this MA OUI case simple enough to fight successfully?

Hyannis, MA |

What chance do I have winning an OIU case in MA when I was not intoxicated or under the influence of Rx drugs I was prescribed by a doctor? I admit I was driving over the speed limit at 3:30am (and I hadn't slept in 24 hours, so I was tired), and the officer who pulled me over demanded I take a field sobriety test (instead of giving me the option which I thought he had to do?). I failed the 30 second "toe point" and heel-to-heel walk b/c of my bad ankles (he didn't want to hear about it). I am on Adderall and Klonopin, and the last pill I took was an Adderall at apx 3:00pm that afternoon. I wasn't OUI. Additionally, I offered to take a urine, blood and breath test twice and was ignored. So they don't have that as evidence and they didn't confiscate my meds. Do I have a strong case?

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Attorney answers 6

Best Answer

It sounds like there is a strong case here, but an attorney would want to read the entirety of the police report before giving you any sort of opinion on the strength or weakness of your case. Hold your head high, stay strong, and seek the advice and counsel of a good criminal defense attorney.

I wish you luck.



Thanks for the advice and for wishing me luck!

Anthony Rao

Anthony Rao


Of course! Fight this! From what it sounds, you can win!


It sounds like you definitely have some strong arguments for the defense of OUI. Of course, the police report will read differently than your rendition of the facts. In any event, call an experienced OUI lawyer to begin planning your defense ASAP.


John Seed



Thanks for the tips.


In order to convict you of an OUI in MA the prosecution must prove beyond a reasonable doubt that you were driving a car on a public road, and that you were under the influence of alcohol or drugs at the time; i.e. your ability to drive a car safely was impaired. There are a lot of individual facts to evaluate in each case. Based on the information you have provided, the case can be fought. However, keep in mind there are two sides to a story. The other side is what the police officer wrote in the report. You should consult with an attorney ASAP. Most will offer a free consultation.
If you cannot afford an attorney, the court will appoint you one when you get arraigned (formally charged).
I have tried many OUI cases, and in my experience the police and prosecutor tend to be "cold " on these cases. What I mean is that, even if they know they have a weak case, they will not drop it as a charge. Make sure to speak with and retain an attorney you feel comfortable with.

Lastly, do not share any more information online because this is a public forum and accessible to anyone.

Let me know if I can help.

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.



I won't say anything else, and thanks for the tips.


The breathalyzer test is part of the process, and there will be either a form that you signed that says you refused it or there will be a readout from the breathalyzer machine that tells what your results were. The fact that you were charged with the OUI indicates that you either refused and they held you anyway or that your results were, unfortunately, high enough to charge you. You should contact an attorney as soon as possible to start working on collecting all of the evidence. And please, even though you are anxious about your case, only post the question once.

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.


It is a case that I think what you said sufficient to hire an attorney to defend you. There is no substitute for a consultation with the attorney and full review of the police report.

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From the information that you provide it sounds like a good case. However, you need to understand that the arresting Police Officer will essentially testify to what is in his report. Even if the report is a work of pure fantasy, it is still what the P.O. will testify. S/he really has no choice since it was written contemporaneously with the arrest, whereas the trial testimony may be several weeks or months later. The biggest issue is typically the Breath Test (BT). Without a BT, as long as you did reasonably well on the alledge Field Sobriety Tests (FST), you usually have a pretty decent chance of sucess at trial. If you haven't retained counsel already and would like me to review your case, feel free to contact me at my web site or simply call.

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