Massachusetts DUI Result

Operating Under the Influence (OUI) Second Offense: Reduced to First Offense with First Offender Disposition to Avoid Criminal Conviction.

A Rhode Island motorist was stopped by police in Massachusetts and charged with Operating under the Influence of Alcohol (OUI) Second Offense. The charge stemmed from a motor vehicle stop for a traffic violation. The police officer who stopped the motorist detected an odor of alcohol emanating from the motorist’s vehicle. Further investigation led to the administration by police and failure by the motorist of a series of field sobriety tests. Police placed the motorist under arrest and transported him back to the station. There, he failed a chemical breath test, which measured his Blood Alcohol Content (BAC) at .17. As a result, the motorist was charged with Negligent Operation of a Motor Vehicle; Marked Lanes Violation; and OUI Second Offense due to the motorist having an old RI Driving under the Influence (DUI) conviction.

The motorist hired Attorney Calcagni to defend him against this charge. Attorney Calcagni first sought to attack this case by filing a motion in the RI Court to expunge or seal the motorist’s old DUI conviction there. Attorney Calcagni was successful in this regard in that he filed the motion, successfully argued it in Court, and ensured that it was granted by the Court. Once the RI record was expunged or sealed, Attorney Calcagni provided proof to the Commonwealth and MA Courts that in the eyes of the law, the motorist was now considered a first-time offender. On this basis, he successfully moved to have the OUI Second Offense charge reduced or amended to OUI First Offense.

Attorney Calcagni then successfully negotiated with the prosecutor and convinced the Court to allow his client to enter an OUI first-offender program. This program, also known as the 24D Program, provides that if a motorist pays a series of fees and assessments; successfully completes court-ordered OUI classes; and remains out of trouble for a probationary period of 12 months, the case will be dismissed and the motorist will not incur a criminal record or conviction from this event. The Court adopted Attorney Calcagni’s argument and allowed the motorist to enter into the first offender program.

Congratulations to this individual.

----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni, III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

MA OUI Defense Client Testimonial

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.


"Attorney John Calcagni represented me in a first offense OUI and related charges case in Massachusetts.

As a RI resident, I was unsure whom to engage for representation in MA.  After initially hiring a MA based OUI specialized attorney, it quickly became apparent that the MA attorney, although well known and regarded in MA,  did not hold the same expectations of handling the case.  While a first offense OUI case may be routine to some individuals in the legal profession, personally it was a tremendous ordeal I hope to never experience again.  As such, I needed someone who would not treat my concerns, etc., as an assembly line representation nor make me feel as though I was interrupting or outlandish with questions regarding the case.

I was then introduced to John and after a very thorough, non-threatening first consultation, I hired him immediately.

John's knowledge of the charges and adjudication process coupled with his ability to strategize and willingness to co-ordinate two separate district courts in MA was exactly what I needed.
Throughout the waiting period of court appearances, scheduling conflicts, and what seemed last minute negotiations, John kept me well informed and at ease that the case was being handled with the same level of urgency and apprehension I was experiencing. Although I had wished to have all charges dismissed,  the outcome which was negotiated helped me to avoid any long term catastrophic consequences to my livelihood or family. Had I not chosen a plea agreement, I was confident that Atty Calcagni would have represented me in a trial as though he were the defendant.

Although I hope to never be in the same situation again, John would be the first call I would make.  I cannot recommend him more highly to anyone in the same or similar circumstances."

----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our wesite for more information at www.CalcagniLaw.com. If you cannot make it to one of our offices, we will to come to your home or detention center.

Massachusetts OUI

Since the beginning of 2012, nearly 1.3 million people within the United States have ended up in police custody for operating a motor vehicle under the influence. While many illegal substances such as drugs are a common cause for intervention by law enforcement, alcohol is not only legal for those 21 and over, but it is also available in most social establishments. For some people a mere two drinks will place them over the legal limit. This means that it is very easy for anyone to find themselves operating a motor vehicle while over 0.08% BAC.

Good Intentions

Accidents and fatalities that occur due to operating a vehicle while intoxicated are certainly not intentional, but they do happen every day in The United States - most of which are increasing their efforts to combat the problem through tougher laws, and more severe penalties. What many people fail to realize is that alcohol does not need to be determined as the cause of an accident, but instead, needs only be present in the blood. Mechanical failure is also a common cause of accidents, but if alcohol is involved, it is safe to assume you will be charged with a DUI. The same issue can stem from a faulty blinker, broken tail light, or an out of date inspection sticker.

What to expect during a stop

Being arrested for OUI can be a frightening and embarrassing experience. While it may seem like attempting to appear sober is a good idea, there are many methods used by Massachusetts Law enforcement to determine whether or not you are intoxicated and to what degree. The most common method is a breathalyzer test. Refusing a breathalyzer in and of itself is a crime that carries its own criminal penalties and sanctions. Should your traffic stop later result in a trial, a prosecutor may attempt to use your refusal as proof of guilt. Another method is a simple blood test which may follow an arrest, and refusing a blood test is also a crime.

What to expect once you are under arrest

If a police officer suspects that you are driving under the influence of alcohol and you refuse a sobriety test, you will immediately be arrested. If submission to the sobriety test or a trial reveals that you are guilty your license will be revoked, your driving record will be permanently affected, and your insurance premiums will skyrocket. This is in addition to any possible jail time, fines, and mandatory sobriety classes.

If you have been arrested for Operating Under the Influence

If you are arrested for OUI in Massachusetts please contact Rhode Island Criminal Defense Attorney John L. Calcagni, now at (401) 351-5100 for a free consultation or more information.

Criminal Defense Attorney John L. Calcagni, III Files Appeal in Landmark Drunk-Driving Case

On April 1, 2011, Attorney John L. Calcagni, III was interviewed for a Lawyer's Weekly article regarding the issue of language barriers and the rights of drunk-driving defendants.

The article details a December 2009 case, wherein Attorney Calcagni represented a non-English speaking defendant who had been arrested and charged with driving under the influence. The decision reached by the Court found, based upon testimony by the arresting officer, that the defendant was aware enough to submit to a field sobriety test, but that the blood alchohol test was given without his full awareness.

An excerpted portion of the interview, where the interviewer questions whether Attorney Calcagni has found any case law to support his appeal of the decision, had this response, "I haven’t found much guiding case law on this issue of language and field sobriety tests. I did find a couple of cases in New Jersey that weren’t exactly on point and some that held weight against me, basically saying that driving is a privilege, and in order to obtain that privilege people have to give up certain rights, such as complying to tests on the roadside. Obviously, I will not be citing those cases."

When asked about his appeal of the Court's decision, Attorney Calcagni responded, "Appealing this case is necessary to “right the court’s wrong” and to ensure an even playing field for both English-speaking and non-English speaking defendants alike. Every man is supposed to stand equally at the bar of justice, therefore, the police should treat everyone equally both on the roadside and in the course of their investigations. In some instances, this places the onus on the police to obtain the assistance of an interpreter or bilingual officer. Where the police fail to take these steps to accommodate less sophisticated, non-English speaking defendants, the defendants should not be penalized by the Court. That is exactly what happened to Mr. DaLomba, and appealing his case is necessary to correct this error.”

The full text of the interview by Phillip Bantz, entitled Language barrier at issue in drunk-driving case, can be found HERE

----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Criminal Defense Lawyer John L. Calcagni III has successful outcome for client in case involving weapons while operating a vehicle under the influence.

Recently a client came to Criminal Defense Attorney John L. Calcagni for the charges of Carrying a Dangerous Weapon, Operating under the Influence of Alcohol, and Improper Operation of Motor Vehicle. The details of the case are below:


CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle

CASE DETAILS: Motorist was stopped by police because of a defective headlight.  At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech.  Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed.  As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol.  Before taking the man into custody, police asked the motorist if he had any weapons in his possession.  The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks).  Police seized these weapons and placed man under arrest.  Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15.  Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle. 

RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed.  Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.

----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.