A Second Offense Massachusetts DUI charge involves a two step process. Like any alleged multiple offense DUI, whether, second, third or fourth offense, the first phase involves the Commonwealth proving the underlying offense. At this trial, the jury is not allowed to hear that a motorist has prior DUI offenses, but hears only the evidence on the underlying offense.
If the Commonwealth proves the DUI case beyond a reasonable doubt, the next phase is called the subsequent offense portion. The proceeding on any prior offense DUI is called a bifurcated proceeding with a trial on the underlying offense, followed by a trial on the enhancement.
Massachusetts OUI law Chapter 90 Section 24 provides that the Commonwealth can prove a prior conviction by offering evidence of a certified copy of the docket of conviction, certified copy of the defendant's biographical information from the department of probation or house of correction or the registry shall be prima facie evidence of a prior conviction. The statute provides that the Commonwealth is not required to produce live testimony to prove the prior conviction.
Massachusetts courts have held that the Commonwealth has to prove more than mere identify of name. In other words at the subsequent offense portion of the trial, the Commonwealth must be able to match the defendant before the court with the prior conviction, by showing the same address, date of birth, physical appearance and other identifying traits. Generally, the subsequent offense portion would be a bench trial though a defendant has a right to elect a jury trial on the issue of the prior offense DUI.
Ina case from Pennsylvania, the Pennsylvania Supreme Court held that a DUI defendant could not be convicted of a prior offense when he was arrested for two DUIs in the same night. The court held that the defendant must have been convicted of a prior offense prior to being charged with a second offense DUI. The same result would likely follow in Massachusetts; however, a judge would likely sentence a defendant in accordance with a second offense and the Massachusetts Registry of Motor Vehicles would impose any license suspension for the DUI in accordance with a second offense status upon conviction of both offenses.
Attorney DelSignore is a Massachusetts DUI lawyer defending motorists charged with Second Offense OUI charges. Attorney DelSignore can assist you in defending against your DUI second offense and explain the complex Registry of Motor Vehicle consequences that arise out of being charged with a Second Offense. It is important to call Attorney DelSignore immediately to protect your rights and driving privileges as a refusal to submit to a breathalyzer test after having on prior OUI conviction carries with it a three year loss of license and the RMV only allows 15 days from the date of the offense to appeal that three year suspension. Call Attorney DelSignore any time ti discuss your DUI arrest, 508-455-4755 or by email. Calls and emails generally answered immediately.
