We want to tell you about a client — whose name we will not use — who called our office the morning after being arrested for OUI on a Saturday night. He was forty-two years old, had a clean record, worked in financial services, and was genuinely devastated. He had had two glasses of wine […]
A Real Story: What Effective OUI Defense Can Accomplish Read More »
The consequences vary significantly depending on prior history. First Offense OUI (Misdemeanor) A first offense OUI in Massachusetts is a misdemeanor. Typical consequences include: The “24D” program — now called the Massachusetts Impaired Driving (MID) program — allows first-time OUI defendants who complete a driver alcohol education program to receive a shorter license suspension period
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The history of breathalyzer evidence in Massachusetts includes a landmark chapter that is worth understanding — and in which Attorney Milligan served as one of the lead counsel for the Defense. In Commonwealth v. Ananias, decided in 2017, a Massachusetts judge found that the Alcotest 9510 devices used in the Commonwealth had calibration and certification
Commonwealth v. Ananias: A Landmark Case Attorney Milligan Helped Win Read More »
The stop itself is the foundation of every OUI case, and it is often the first place a defense attorney looks for vulnerabilities. In order for a traffic stop to be constitutional, the officer must have had a reasonable articulable suspicion that a traffic law was being violated or that criminal activity was occurring. This
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Of all the criminal charges we defend in Massachusetts, Operating Under the Influence charges — known as OUI, though you will also hear them called DUI or DWI in other states — are the ones we have worked with most extensively and studied most deeply. Attorney Milligan is board certified in OUI defense, which reflects
OUI Defense in Massachusetts: A Complete Guide to Protecting Your Future After an Arrest Read More »
We want to address this directly, because the most common mistakes are not complicated. They are simple, understandable human errors driven by fear, embarrassment, or the instinct to explain oneself. Talking to Police Without an Attorney This is the mistake we see most frequently. When you are scared and feel like cooperating will help your
The Mistakes First-Time Offenders Make Most Often Read More »
Beyond the formal mechanisms, there is a broader strategic consideration that applies to virtually every first-time offender case: the value of demonstrating genuine accountability and constructive action even before your case is resolved. Prosecutors and judges are human beings who are making judgment calls about how to treat the person in front of them. A
The Strategic Value of Taking Initiative Read More »
The fear on the face of a first-time offender is different from any other kind of fear we see in our office. It has a particular quality — part shock, part shame, part disorientation of someone who has never before found themselves on the wrong side of the criminal law and simply cannot reconcile their
First-Time Offenders in Massachusetts: What You Need to Know About Your Options Read More »
Walking into a Massachusetts courthouse for the first time can be a disorienting experience. The building itself tends to project a certain formality — marble floors, high ceilings, and the particular kind of quiet that settles over a place where serious things happen. There are clerks’ windows and waiting areas, metal detectors and court officers,
1. Genuine, Focused Experience in Your Specific Charge When you are searching for representation, the first thing to look for is genuine, focused experience in the specific type of case you are facing. Ask attorneys you consider: The answers will tell you a great deal. Some lawyers are good marketers but not good lawyers. Direct,
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