Criminal Law

Drunk Driving DUI/OUI

DUI Lawyer

Attorney Rachel Matos is an aggressive DUI lawyer in Massachusetts and will fight for your rights. Losing your license is worth fighting for. If you have been arrested for OUI in Taunton MA, New Bedford or Boston Massachusetts, Contact attorney Matos to schedule a consultation today! 508-386-9094.

  • In Massachusetts, a person can be charged with an OUI/DUI, and their blood alcohol content (BAC) level is at 0.08 percent or higher.
  • If a person is under the age of 21, a DUI charge can be given if their BAC level is 0.02 percent or above. Generally, it is considered a misdemeanor if it is the individual's first offense and no property or other person was harmed.
  • After a second offense, a felony is likely to result.

Factors that may be essential to your legal strategy may include:

  • Whether or not a breathalyzer (breath test) was administered or refused;
  • Administration of field sobriety tests
  • Observations by law enforcement officers at the scene;
  • Eye Witness testimony;
  • Validity of a sobriety checkpoint arrest;
  • Police reports; and
  • Other admissible evidence

Because the facts in each OUI tend to vary based on the circumstances in the individual case, it is essential that you contact an experienced DUI lawyer immediately so that you can safeguard your rights and protect your driving privileges.

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Motor Vehicle Offenses

Operating After Suspension or Revocation of License

  • Under Massachusetts General Laws Chapter 90 Section 23 it is a crime to operate a motor vehicle after your license has been suspended or revoked. To be convicted of this crime the commonwealth must prove beyond a reasonable doubt that 1) your operated a motor vehicle, 2) that at the time of operation your license or right to drive in Massachusetts had been suspended or revoked and 3) that you had knowledge that at the time of operation your license or right to operate in this state had been suspended or revoked.

If you are convicted of this crime you face a $500 fine and up to 10 days in jail for a first offense. Second and subsequent offenses are punishable by 60 days to 1 year in jail.

Negligent Operation of Motor Vehicle

  • Massachusetts General Laws Chapter 90 Section 24 provides that anyone who operates a motor vehicle upon a public way negligently so that the lives or safety of the public might be endangered is guilty of a crime. There are three elements that must be met for you to be convicted of this offense.
    • First, you must have operated a motor vehicle.
    • Second, you must have done so on a public way or where the public has the right of access or where members of the public have access as guests.
    • Third, operation must have occurred in a negligent manner so that it might have endangered the lives or safety of other people.
  • Under Massachusetts law, a person acts negligently when he acts in a way that a reasonable person would not. This can happen by an affirmative act or by the failure to act when a reasonably prudent would do so. If by acting in that manner or failing to act in the appropriate manner you create an unnecessary danger to others or one that you could have avoided by acting appropriately you have can be found guilty of this crime. There does not have to be an accident for you to be convicted of this offense. Factors that are looked at in evaluating your conduct include the speed at which you were traveling, the manner of operation, the condition of your vehicle, the time of day, the type of road on which you were operating, weather conditions, the conduct of other vehicles or pedestrians and much more. Keep in mind that reckless operation can occur even on a deserted street. Intoxication can also factor into the case. Another driver’s actions are not relevant unless that driver was the sole cause of what happened.
  • A conviction of this offense carries a possible 2 year jail sentence.

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Assault & Battery

Being charged with Assault & Battery is a serious matter which could result in felony charges.  Generally, an individual that is being charged with an assault & battery offense will be arrested and arraigned in a relatively short amount of time and it is imperative that you obtain legal counsel immediately.

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If you or a loved one has been charged with a crime or are being investigated in connection with a crime, you need to contact an attorney immediately.  Being the subject of a criminal investigation is a serious matter and you need to start building your defense at the earliest time possible.  At the Law Office of Rachel M. Matos, you will receive the highest level of representation you need throughout every stage of the legal process to ensure that your liberty rights are protected.

The consequences of having a criminal record will extend well past what happens in the courtroom and in addition to potentially facing very serious penalties and fines if convicted of an offense, and these consequences can affect many aspects of your future and daily life after being charged, including but not limited to your future employment prospects, educational opportunities, and family life.

If you have been charged with a crime or are being investigated in connection with a crime, you need and deserve an aggressive and zealous advocate on your side who believes in your case and will fight tirelessly to defend you.  At the Law Office of Rachel M. Matos, you will receive the high-level legal representation you need to fight your case, where every piece of evidence presented against you will be thoroughly examined, and all potential witnesses, including police officers & expert witnesses will be cross-examined.  The Law Office of Rachel M. Matos will work tirelessly to achieve the best possible outcome for individual case and explore every legal argument available to safeguard your constitutional rights.

Clerk's Hearings

Also known as a “show cause” hearing, a clerk-magistrate’s hearing is the start of many criminal cases in Massachusetts. This begins when a private individual or law enforcement officer submits an application requesting the court to issue a criminal complaint, instead of arresting the individual accused of the crime.

Since this stage of the process happens before a court issues a criminal complaint, it gives the individual the opportunity to prevent the issuance of the complaint, thereby preventing criminal charges from being filed against him or her.

It is critical to take this hearing seriously because if the individual do not fight the issuance of the complaint, charges may be filed and the individual may be convicted. Even if the individual is not convicted, the charge itself will appear on the individual’s permanent record and potentially harm the individual’s future.

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Conspiracy

  • Being convicted of conspiracy is a very serious matter.
  • The charge of conspiracy requires only that one agree with another individual to do an unlawful act.
  • To be found guilty of conspiracy, the unlawful act does not even need to have been committed.
  • The punishment for conspiracy is based on the minimum amount of time for the underlying felony crime itself.

If you or a loved one has been charged with a crime, contact the Law Offices of Rachel M. Matos today for an immediate case evaluation and get the aggressive defense you need to fight for your rights

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Petition to Seal your Record

If you were NOT convicted of a crime, you will not have to wait in order to file a petition to seal your criminal record. You may petition the court where the matter was originally adjudicated to seal your record.

Under MA Law, you may only do so if the outcome of your case were for any of the following:

  • Dismissal with no probationary terms entered by the court
  • Failure to indict determined by a grand jury
  • Finding of no probable cause by the court
  • Not guilty finding by a jury or court
  • Nolle prosequi

If you WERE convicted of a crime you may have to wait before you will be able to seal your record.

Under MA Law, if you were convicted of a:

  • Felony, you will have to wait a minimum of 10 years after serving any prison or jail time, or after you were found guilty – whichever is later.
  • Misdemeanor, you will have to wait a minimum of 5 years after serving any prison or jail time, or after you were found guilty – whichever is later.

The process required to seal a criminal record can be complicated and it is in your best interest to obtain the services of a qualified attorney to assist you in the process. Contact the Law Offices of Rachel M. Matos to get started with the process of sealing your record today.

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