If, during the course of an arrest for operating a vehicle under the influence of an intoxicant (OUI), you fail to receive a citation from a Massachusetts police officer, you have a great chance of avoiding jail time and crippling fines. Known as the “no fix” statute, Massachusetts law enforcement officials must give you a citation immediately after charging you with OUI.
Commonwealth v. Burnham
In the case of Commonwealth v. Burnham, a Massachusetts Superior Court recently dismissed the defendant’s OUI charge due to a nearly five-month delay in his receiving a citation for OUI. According to Massachusetts General Law Chapter 90C Section 2, failure to cite a driver at the “time and place of the violation shall constitute a defense in any court proceeding for such violation.” There are, however, exceptions to this rule, so it’s best to consult an experienced criminal defense attorney as soon as possible.
Schedule Your Initial Consultation Now
If you or a loved one has recently been charged with OUI and have doubts regarding the circumstances of your arrest, call (413) 256-6234 to schedule your initial consultation with Thomas Whitney Attorney at Law. After litigating difficult criminal defense matters for nearly four decades, our professional legal team is committed to protecting your rights and ensuring your freedom.