A Weymouth, Massachusetts man, Omar Hernandez faces a second offense Massachusetts OUI charge as a result of his arrest over the weekend. According to news accounts, Hernandez led the police on a high speed chase, resisted arrest, stopped in the middle of the road and tossed his keys out of the car.
News accounts indicate that Hernandez was previously admitted to sufficient facts regarding an OUI charge in 2006 and received a continuance without a finding, referred to as a CWOF in court.
While technically a CWOF is not considered a conviction, for license suspension purposes and counting prior OUI offenses, the CWOF counts as a prior offense, meaning that Hernandez will face a second offense DUI.
If a motorist pleas guilty to a second offense DUI, most courts will impose what is referred to as an alternative disposition where the motorist receives a suspended jail sentence with the requirement of completing a 14 day in-patient program. However, the registry will revoke a motorist's license for two years and require the installation of the ignition interlock prior to reinstatement of a any driving privileges.
It appears as through Hernandez also refused a breathalyzer test which would result in a three year license suspension by the Massachusetts Registry of Motor Vehicles. A motorist who refuses a breathalyzer only has 15 days, including, weekends and holidays to appeal to the Registry in Boston to request a hearing challenging the refusal suspension.
Michael DelSignore is a Quincy, Massachusetts DUI lawyer who defends Massachusetts DUI and breathalyzer refusal cases. Attorney DelSignore handles cases involving refusal to take a breathalyzer, failed breathalyzer results and cases involving DUI accidents. Attorney DelSignore is committed to providing a top DUI defenses to your Massachusetts DUI charge and will answer your questions immediately, by phone or email.
