12/06/2024

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Dangerousness Hearings (58A) and Drunk Driving (OUI) Circumstances in Massachusetts

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Dangerousness Hearings (58A) and Drunk Driving (OUI) Circumstances in Massachusetts

If you are charged with a third or subsequent offense of Running below the Impact in violation of G.L. c. 90, §24 the Commonwealth’s prosecutor can and has been with some frequency in Massachusetts been filing for all those accused to be held in jail for 90 times devoid of bail less than G.L. c. 276, §58A (Dangerousness Listening to) pending trial. G.L. c. 276, §58A presents that “if, immediately after a hearing… the district or exceptional courtroom justice finds by clear and convincing proof that no situations of release will reasonably assure the basic safety of any other individual or the group, said justice shall order the detention of the person prior to trial.”

The Decide in these Dangerousness Hearings will take into consideration quite a few items of proof that incorporate:

1. The instances of the accused criminal offense,
2. Earlier felony history,
3. Prior bail violations,
4. Employment record,
5. Mental health issues data,
6. Group ties,
7. Standing,
8. Dependence on controlled substances, and
9. The potential risk on the community if produced.

Of some importance when it will come to OUI arrests and a Dangerousness Hearing the points of the scenario will participate in a very crucial part. Info of an extraordinary nature will engage in an crucial job. The degree of intoxication, the perform of the accused that resulted in the person remaining stopped, was there an accident, were being other parties damage, what was the defendant’s interaction and demeanor with the arresting officer?

Considering the fact that the conditions of the arrest can perform a pivotal part in a Dangerousness Hearing it is crucial that if you are stopped for an OUI that you:

1. Be respectful and well mannered with the officer. Rude habits can be harmful to any long term proceedings.
2. You have the appropriate to continue being silent, USE IT! Something that you say will be used against you. Each prosecutor, defense lawyer and law enforcement officer has read the line “I only had 1 or two beverages.”
3. Be respectful and well mannered. No I did not accidentally repeat this, it is that vital.
4. You have a appropriate to refuse area sobriety test, this kind of as the 9 phase wander and convert and the just one legged stand.
5. You have a ideal to refuse to choose a breath examination. Refusal of subject sobriety and breath tests will final result in license suspension. Nonetheless, at a potential demo these refusals are inadmissible.
6. Be respectful and well mannered whilst creating this kind of refusals.
7. Do not go to the arraignment devoid of a law firm. If it is your third offense you can be held for a dangerousness listening to to be held or right after one is held even if you experienced manufactured a bail established by a bail commissioner at the law enforcement station.

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