Massachusetts DUI Attorney Blog

Framingham police brought a Massachusetts Fourth Offense OUI charge against Yvonne A. Kadlik. According to the news account, Kadlik was traveling through the drive through at Walgreens to pick up a prescription when a store employee called the police claiming that she was under the influence of alcohol.

While the complete details are unclear from the news account, it appears as though Kadlick may have a viable basis for a motion to suppress, arguing that the police officer did not have a proper basis to stop her vehicle. Under the Fourth Amendment to the United States Constitution, a police officer needs reasonable suspicion to justify a motor vehicle stop. It appears as though the basis of the stop comes from the report from the store employee. At a motion to suppress hearing, the Commonwealth would have to produce testimony demonstrating the reliability and basis for the report by the store employee to justify the Fourth Amendment seizure.

A Massachusetts Fourth Offense OUI carries a mandatory one year jail sentence, a 10 year license loss and is a felony conviction. Further on a Fourth Offense, many judges will exceed the minimum mandatory jail sentence as the law allows for a sentence of up to 2.5 years house of correction in the district court.

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A Weymouth, Massachusetts man, Donald J. McNicol, was charged with a Fourth Offense OUI. McNicol was charged with DUI after news reports from the Patriot Ledger indicate that he sped past a police car and failed to stop at a red light. Quincy police found an open can of beer in the car and assert that McNicol failed field sobriety tests.

A Massachusetts Fourth Offense DUI is a serious charge that carries a likely potential that a motorist will receive the maximum penalty after trial in the district court of 2.5 years in the house of correction. A Fourth Offense carries a mandatory minimum jail sentence of one year to serve without the possibility of parole or credit for good time. A fourth offense OUI is a felony offense and carries with it a ten year loss of license.

On a fourth offense, many judges would be unwilling to impose a sentence of minimum jail time, particularly after trial. Depending on the strength of the case, in some cases a Massachusetts DUI lawyer can obtain a reduction in the offense level. This occurs for a number of reasons, either because of the relative strength of the Commonwealth's case or because the Commonwealth will have difficulty proving prior convictions. A fourth offense OUI will require a vigorous defense to prevail at trial or to obtain a favorable plea agreement if the defendant wants to resolve the case. Bail will typically be requested by the Commonwealth on any offense over a third offense.

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An Attleboro, Massachusetts man, Thomas Powers, was arrested and charged with a Fourth Offense OUI. According to the news report, Powers was charged with operating on a revoked license for a prior DUI charge. If Powers is found guilty of a DUI in Massachusetts while driving on a revoked license for DUI, he faces a mandatory jail sentence of one year on the charge of driving on a license suspended for DUI.

Additionally, Massachusetts DUI law Chapter 90 Section 23 requires that any sentence on the charge of driving with a license suspended for OUI while under the influence run on and after any sentence on the underlying OUI charge. Accordingly, Powers would still face the Fourth offense OUI charge which also carries a mandatory minimum jail sentence of one year. That sentence, unless the district attorney agrees to drop or reduce the license suspension charge, would run on and after the charge of driving on a suspended license for OUI while OUI.

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