Massachusetts DUI Attorney Blog

If you are charged with a second or subsequent offense OUI in Massachusetts, the jury will not know that you have had prior convictions of OUI in Massachusetts. Instead, your trial on the underlying offense OUI will occur just as it would if this were your first offense OUI.

In Gonsalves, the Appeals Court reversed the defendant's conviction when a copy of the subpoena for medical records of the defendant was inadvertently showed to the jury which said OUI 4th Offense. The jury then asked the judge a questions asking if the indication on the evidence sheet is that it is the defendant's 4th offense. The judge denied the defendant's request for a mistrial and advised the jury that the prior convictions were not in evidence and that they should limit themselves to the evidence. Five minutes later, the jury returned a guilty verdict.

The Appeals court reversed emphasizing that whether the defendant previous committed three prior offenses of OUI should not have been brought to the attention of the jury. Under Massachusetts law, when a defendant has a prior OUI offense, the court bifurcates the trial with the jury first deciding whether the defendant violated the Massachusetts OUI law; and then secondly, whether the defendant has prior offenses. In most cases, a defendant will elect a bench trial on the issue of whether he has committed prior offenses of OUI, but can have a jury trial on the issue of subsequent offenses. However, typically the jury that heard the evidence on the underlying offense will be held for the subsequent offense portion of the case.

The Appeals Court also reaffirmed its prior holdings that post-arrest silence cannot be used against a defendant. The prosecutor improperly tried to have the jury draw a negative inference from the defendant's refusal to answer booking questions.