Quincy OUI Lawyer

The Law Offices of Daniel DeMaria fights to get each and every OUI case dismissed. If you have been charged with operating under the influence (“OUI”) in Quincy, Massachusetts, or anywhere else in the state you are probably frightened and embarrased. Potential consequences for a first-time offender include up to 2 ½ years in prison, a $5000 fine, and a one-year license suspension. If you rely on your driver’s license for work, to drive to work, to drive your children to school, sports, and other activities, the consequences of an OUI can be devastating. Your car insurance costs can skyrocket for years if you are convicted.

Whether you were pulled over while driving, stopped at a roadblock/sobriety checkpoint, or involved in an accident, you need an aggressive and knowledgeable lawyer.

In order to convict you of operating under the influence, the Commonwealth of Massachusetts (by way of the local Quincy prosecutor) must prove each of the following elements beyond a reasonable doubt:

• You were operating a motor vehicle
• You did so on a public way
• You were intoxicated while operating the motor vehicle.

Fighting an OUI case effectively requires specialized knowledge and a deep dive into the exact facts of the case. If, for example, you were arrested following a single-car accident, the prosecution may not be able to prove that you were operating the motor vehicle unless the Quincy police or State Trooper (or other bystander) observed that the car keys were in your possession, that the driver’s seat was in a position consistent with your height, that the car’s engine was still warn and/or that you are the registered owner. From experience, officers sometimes fail to do these things giving a defendant a strong defense.

Another potentially avenue of defense is to argue that you did not operate the vehicle on a public way. In some cases, a defendant simply did not (for example, if they were operating on a private road on the outskirts of Quincy). In other cases, the junior prosecutor assigned to your case may simply forget this basic element choosing instead to focus on proving that you were intoxicated. We have seen cases where the prosecutor failed to mention that the road on which a defendant was said to have been driving had the usual indicia of a public way – for example, that the road is publicly maintained (for example by Quincy, Norfolk County, or the State of Massachusetts) that it was paved, that it had street lights, street signs, traffic signals, curbs, business or homes abutting it, etc. While most roads in Quincy are public ways, the prosecutor may neglect to prove this essential element at trial, and we may be able to win a motion for a directed verdict or an acquittal on this element.

In order to establish impairment, the prosecution can rely on one or more of the following:

• Swerving or weaving while driving
• A blood alcohol content level (BAC) of 0.08% or higher
• The odor of alcohol

• Bloodshot or glassy eyes

• Slurred speech

• Unsteady balance

• An inability to complete field sobriety tests

What Sets Daniel DeMaria, Esq. Apart

At the Law Offices of Daniel DeMaria we conduct a thorough investigation of each and every case. This includes meeting with the client, travelling to the scene of the OUI (to determine for example, whether the road is in fact a public way), speaking to potential witnesses, and preparing a mitigation package for the prosecution in order to persuade them to dismiss the case or to offer a “24-D” disposition to avoid a criminal record.

Our deep understanding of Massachusetts OUI laws and procedures, and our extensive trial experience can give you the best chance of obtaining a successful outcome. Daniel DeMaria, Esq. is proficient in:

• Arguing that the car stop was unconstitutional (arguing for example, that the police did not have reasonable suspicion to pull you over)
• Arguing that any incriminating statement should be suppressed because you were not Mirandized
• Challenging indicia of impairment (arguing for example, that bloodshot eyes are due to allergies or fatigue, that slurred speech is actually a speech impediment or accent, that a car accident is due to ice, rain, or mechanical defect)
• Challenging the results of field sobriety testing (arguing for example, that you were unable to successfully complete the one-leg stand due to a medical condition, uneven pavement, because you were wearing heels, etc.)
• Challenging the results of a breathalyzer test (arguing for example, that the machine was not properly calibrated, that the operator was not properly qualified, that the breathalyzer operator did not observe you for at least fifteen (15) minutes prior to administering the breathalyzer test)
• Employing retrograde extrapolation and blood alcohol content curve analysis to argue that your blood alcohol level was below the legal limit at the time of operation.

The Law Offices of Daniel DeMaria offers free consultations at its Quincy office (conveniently located on Cottage Avenue, at Hancock Street), and we will provide an analysis of the evidence in your case and point out any weaknesses in the prosecution’s case against you.

We are skilled at negotiating with prosecutors, adept at plea bargaining, and ready to take any case to trial. We will comb through every aspect and detail of your case to defend you against OUI charges.

FAQs

If you have been charged with OUI, you need a caring, compassionate, and experienced lawyer to represent you. Daniel DeMaria, Esq. makes himself available to his clients by telephone, text message, and email and prides himself on communicating with his clients on a weekly (and sometimes even daily basis). Offering free consultations, flat fees, and flexible payment plans, the Law Offices of Daniel DeMaria may be your best chance of obtaining a successful outcome in Quincy, the neighboring cities and towns, or anywhere else in Massachusetts. Contact our office today to schedule your free consultation.