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You were arrested for drunk driving in Massachusetts and you have prior offenses on your record.
Hi. I’m Steve Brooks. I’m a criminal defense attorney in Massachusetts with offices in
Dedham and in Boston. And I can answer your questions about prior DUI offenses. Massachusetts,
in the last few years, has dramatically increased both the look back period for counting prior
offenses and the penalties that a defendant faces who has prior offenses. These penalties
include more significant suspensions for refusing a breath test and mandatory jail sentences
for multiple offenses. For example, if you have a third offense drunk driving case, you’re
facing 180 days as a minimum sentence in the House of Corrections. Now whenever we have
a case with a person who has prior offenses, we go to the prior court and pull the file
and look at the reports having to do with that case. Many times we see that the person
went into court and at the very first day resolved the case in a way that may have seen
favorable at the time, but now looking back looks like a bad decision. Another change
in the law is that it’s not far easier for prosecutors to prove prior offenses. At one
time, there was only a 6 year look back period for prior offenses. In other words, anything
before that would not be counted. Then that look back period was enhanced to 10 years
and now the period is one’s entire life. So even if you had a drunk driving case from
25 or 35 years ago and you get arrested now, the prosecution can use that prior offense
against you and charge you with having a second offense. You’re looking at this video because
you or someone you know has had prior offenses and is facing a pending case. I’ll be happy
to answer any of your questions, but you need to call me. 781-251-0555. My name is Steve
Brooks and thanks for watching.