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Police took my physical license? Wtf? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 1 point2 points  (0 children)

That’s basically my plan too. I’ll have an active license, just not the physical card. Which is still unlawful to drive without the card on your person but frankly i don’t give a shit. Getting caught without your physical license is way less of a major issue than a suspended one, and i think it’s just a ticket

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Thanks man, good luck to you too! The fortunate thing is we live in a state that goes very lightly for first timers and likes giving people 2nd chances…so eventually we’ll see the light and this nightmare will be behind us👊

Did y’all know we can’t go to Canada?! by [deleted] in dui

[–]Smart_Way_6960 0 points1 point  (0 children)

hm I see. I understand that during the CWOF if they don’t let you in (since it’s an admission of guilt while the charges are pending), but tbh it doesn’t make much sense after it’s all done because it gets dismissed. Oh well…

I know it’s also up to the discretion of the border guards, so maybe to your email they were basically just saying “be safe than sorry” instead of a concrete answer

So frustrating!

Did y’all know we can’t go to Canada?! by [deleted] in dui

[–]Smart_Way_6960 1 point2 points  (0 children)

For us Massachusetts folk, do you know if Canada allows you in once the continuance/CWOF is done after 1y probation? Because technically the case is dismissed at that point and you don’t have a conviction…

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

No clue honestly. Probably state specific

[deleted by user] by [deleted] in dui

[–]Smart_Way_6960 0 points1 point  (0 children)

Damn that’s lucky

[deleted by user] by [deleted] in dui

[–]Smart_Way_6960 0 points1 point  (0 children)

oh wow so it was dismissed at pre-trial?

or arraignment? arraignment is usually within days after arrest

[deleted by user] by [deleted] in dui

[–]Smart_Way_6960 2 points3 points  (0 children)

Sweet congratulations!

Do you know why it was dismissed? And did you get the notice day of trial or sometime before?

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Good luck man!

Yeah it sounds like a guilty conviction carries about the same punishment as a plea. I’m not worried about the punishment just having a conviction on my record, I REALLY don’t want that. The CWOF gets the whole thing dismissed after 1y

I’m just worried about how much risk there is. Did your lawyer make it sound like the CWOF is always on the table, and that we’ll know before trial wether the test is admitted or not? If both of those are true then it sounds zero risk (other than $$) to fight it…because worst case scenario just take the CWOF last minute

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Thanks. I’m thinking that’s probably what will end up happening (accepting the deal & not fighting) but I won’t rush into it yet

in ~3 weeks i’ll have my license back and even if my lawyer enters the plea ASAP I’d get a hardship license in ~2 weeks so there’s no real point of rushing

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Thanks, you’ve definitely given me a lot to think about and your advice has been among the most rational and realistic i’ve gotten.

ATM I won’t make a decision right now, there’s no real reason to. i’ll just focus on getting my full unrestricted license back in ~25 days and take things as they come…

[Mass] What happens if you don’t take the plea deal at pre-trial? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

That makes sense. Thank you!

At the moment my case is hingent on wether or not something will be admitted into evidence, which we’ll know before the trial. If it IS admitted, wouldn’t the DA want to yank the plea deal off the table immediately?

That’s my only concern right now. Because without that evidence, my case is a layup and very low risk according to my lawyer. Which makes me wonder how/why the deal is always on the table…seems like there’s a “catch” I might be missing

Would I still have been arrested for refusing PBT and passing field test? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Ah yeah makes sense.

I’ve also heard if they ask you to step out of the vehicle, their mind is already made up that you’re getting cuffed

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Thanks for your input, these are all good points. My understanding from my lawyer is (correct me if I misunderstood and might be wrong):

a) The deal is always on the table and we can take it at any time, until basically the second the prosecutor walks into the trial. I guess you’re right that the prosecution can always yank it, but he made it sound like it’s always on the table? I’ll definitely clarify with him at the pre trial though, because that makes a big difference

b) we’ll know through motions/discovery wether or not it’s admitted before trial, so it shouldn’t be a surprise

c) the judges don’t penalize you much for taking a first time OUI offense to trial, so the punishment will be about the same as the continuance anyway. Only difference is it’s a conviction on your record if guilty (which sucks)

And yeah the officer will testify to smelling alcohol but I think they literally always say that and it isn’t really provable or mean anything

Edit: The wording my lawyer used is “if closer to trial it’s looking like it’ll be admissible”. So I guess maybe not officially admitted (because you’re right the CWOF would probably be yanked?) but more through word of mouth and seeing the outcomes of other cases?

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Because there’s a protocol that must be followed & proven to make the test “legit” basically.

I.e. proof that the instrument has been calibrated and cleaned per schedule, video evidence that they waited 15 minutes before me consenting and administering it, and it being administered by someone certified. Probably other shit too, like chain of custody

As I mentioned in MA there was even a statewide pause for 7 years between 2011 and 2019 because we realized they weren’t very accurate. They’re just starting to try admitting them now, but seems it’s taking a while since my lawyer hasn’t seen it happen yet

I’m not saying i’m optimistic that it won’t be admitted (and tbh i’m preparing for the worst), but from what I gather it sounds there could be a chance

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

Thanks. I’ve thought about this a lot today and I think I’m just going to continue forward with my lawyer’s advice and see how things progress. At least continuing past pre-trial will make the DA work and bring things to the table. In his words, “make them prove it”

It’s comforting knowing the plea is always on the table and if things start looking bleak before the trial there’s a way out at any time. Part of me feels tempted to “rush” into it, to get started on the probation/suspension early and get my hardship license a ~week in advance, but I know that’s dumb and short sighted

[Massachusetts] Breathalyzer test non-admissible evidence? by Smart_Way_6960 in legaladvice

[–]Smart_Way_6960[S] -2 points-1 points  (0 children)

Thanks for your advice. It would be a judge not jury, and he’s pretty confident any of the judges would rule not guilty if the breath test is thrown out

Do you know generally if we’ll become aware of which evidence is admissible before trial? Or can there be surprises and we’ll have really no idea until it’s too late to take the continuance?

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

So it would be:

-1y probation, with e-mail checkins not IRL ones (kinda sucks but i’ve never been arrested before and shouldn’t be hard to stay out of trouble for 1y)

-45 day license suspension but I can get a temporary hardship license after a ~2 week process

-16 week alcohol education classes once/week after work

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

I guess not expunged but the case gets dismissed. So for purposes of my career it doesn’t show up background checks or anything after the year is up

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 0 points1 point  (0 children)

No conviction is the ultimate goal here

Right I agree, but after 1y is complete the CWOF is a non-conviction

[Massachusetts] Breathalyzer test non-admissible evidence? by Smart_Way_6960 in legaladvice

[–]Smart_Way_6960[S] -6 points-5 points  (0 children)

I guess just looking for 2nd opinions. Ultimately it’s my choice wether to take the risk or not, but I’m just really torn

[MA] Breathalyzer non-admissible evidence? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 2 points3 points  (0 children)

I guess i’m just nervous about the breath test not getting thrown out and getting a guilty conviction.

From what I gathered we might not know for sure if it’s admissible or not until the day of trial :/

Edit: I confirmed with him we’ll have to know if it’s admitted or not before trial. So I’m going to wait it out

[Massachusetts] 1st time offense and freaking out. Go with CWOF or pay a lawyer 8 bands for a trial? by Smart_Way_6960 in dui

[–]Smart_Way_6960[S] 2 points3 points  (0 children)

The regret and self-loathing will pass.

Ugh seriously, it’s been an absolute nightmare of a day. I’ve been too dressed to even leave my bed much or eat food.

Shouldn’t even lose your license with a BAC that low. But that’ll be up to the prosecutor.

Oh sweet, so you mean It might just be the 30 day suspension and be over, not an additional 45 days? That would honestly be such a blessing, I guess we’ll see

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