How Melanie’s Law Affects OUI Cases in Massachusetts
By Law Offices of Joseph D. Bernard P.C.
Jul. 23, 2012 10:40a
Melanie's Law became effective on October 28, 2005. The law was named after a 13 year-old girl who was killed in 2003 by a repeat drunk driver in Massachusetts. The purpose of the law was to increase the penalties and administrative consequences for those who are convicted of OUI (operating under the influence). The law established a new offense of "operating under the influence of alcohol" and "operating after suspension for drunk driving." Any drunk driver operating a motor vehicle with a license that has already been suspended for OUI can be charged with these two crimes for the same offense.
Penalties under Melanie's law include a one-year minimum mandatory sentence with up to two and half years of imprisonment possible, along with fines of $2,500 to $10,000 and an additional one-year license suspension. The law also created a new crime of child endangerment while operating a motor vehicle while under the influence of alcohol, which applies when a child of 14 or younger is found in the vehicle of a drunk driver. Such drivers can be charged with two crimes, one of OUI and on the other of child endangerment. Recently the Massachusetts State Senate voted in a unanimous decision to close a loophole in the law which allowed cases that were "continued without a finding" to avoid the increased penalties.
Facing an OUI? Talk to a DUI Defense Lawyer
Being charged with an OUI is a serious situation with high stakes. In such a situation, you need a serious defense. You will find such a defense at the Law Offices of Joseph D. Bernard P.C., a team of skilled attorneys who concentrate on drunk driving cases. These attorneys include former prosecutors who thoroughly understand how the criminal justice system works and how OUI cases are prosecuted in the courts throughout the state.
If you are facing OUI charges, you should consider the likely outcome you will face without skilled legal representation. Then contact the firm to schedule a free consultation with an attorney to find what the best plan of action will be to help you reach the most favorable result.