If you are charged with a third or subsequent offense of Operating under the Influence in violation of G.L. c. 90, §24 the Commonwealth’s prosecutor can and has been with some frequency in Massachusetts been filing for those accused to be held in jail for 90 days without bail under G.L. c. 276, §58A (Dangerousness Hearing) pending trial. G.L. c. 276, §58A provides that “if, after a hearing … the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial."
The Judge in these Dangerousness Hearings will consider several pieces of evidence that include:
Of some importance when it comes to OUI arrests and a Dangerousness Hearing the facts of the case will play a very important role. As the linked article shows, facts of an exceptional nature will play an important role. The level of intoxication, the conduct of the accused that resulted in the individual being stopped, was there an accident, were other parties hurt, what was the defendant’s interaction and demeanor with the arresting officer.
Since the circumstances of the arrest can play a pivotal role in a Dangerousness Hearing it is important that if you are stopped for an OUI that you: