What Happens if an Officer Doesnt Immediately Give Me a Ticket?

Written By: Matthew W. Peterson

Published: 06/06/2019

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Understanding the "No-Fix" Law in Massachusetts

Now we are here to answer the question of what will happen if the officer doesnt immediately give me a ticket? According to Massachusetts’s “no-fix” law, an officer must give you a ticket as soon as possible if you commit a traffic offense, according to Mass G.L. c. 90C §2. At the Law Office of Matthew Peterson, we are here to help and guide you with legitimate information based on our achievements and experience in DUI and OUI.

Grounds for Dismissal if an Officer Doesnt Immediately Give Me a Ticket

If an officer does not give you a ticket immediately, even for an OUI or DUI, you could have grounds to dismiss the traffic violation. You should consult with an OUI Boston attorney in Massachusetts immediately.

Exceptions to Immediate Ticketing

There are exceptions to this, however. If it could take longer to determine what the violation was or if an accident reconstruction expert is necessary to determine whether a crime occurred, police could be justified in not giving you a ticket immediately.

Potential Charges and Legal Support

If an officer told you that you might be charged with OUI, that might be enough. If you’ve been charged with OUI in Massachusetts, you should contact an attorney immediately to begin preparing your defense.

Contact Information

Contact us today – I’d be glad to help. Our office is located in Boston, Massachusetts, but I handle criminal cases, including OUI in all Massachusetts courts. Contact us at (617) 295-7500.

Frequently Asked Questions (FAQs)

1. What is OUI and how is it different from DUI in Massachusetts?

OUI stands for “Operating Under the Influence,” and it refers specifically to operating a vehicle while impaired by alcohol or drugs in Massachusetts. DUI (Driving Under the Influence) is a term more commonly used in other states. In Massachusetts, OUI encompasses both alcohol and drug-related offenses.

2. What are the penalties for an OUI conviction in Massachusetts?

Penalties for an OUI conviction can vary based on whether it is a first, second, or subsequent offense. First-time offenders may face fines, license suspension, mandatory alcohol education programs, and possible jail time. Subsequent offenses carry harsher penalties, including longer license suspensions and increased fines.

3. Can I refuse to take a breathalyzer test in Massachusetts?

Yes, you can refuse to take a breathalyzer test; however, doing so may result in automatic penalties, including license suspension. Massachusetts has an implied consent law, meaning that by operating a vehicle, you agree to submit to chemical testing if requested by law enforcement.

4. How long do I have to contest an OUI charge in Massachusetts?

You typically have 15 days from the date of your arrest to request an administrative hearing regarding your license suspension. It’s crucial to act quickly and consult with an attorney who can help you navigate the legal process.

5. Will an OUI charge appear on my criminal record?

Yes, an OUI charge will appear on your criminal record if you are convicted. This can have lasting implications for employment opportunities, professional licenses, and other areas of your life. Consulting with an attorney can help you understand your options for minimizing the impact of an OUI charge on your record.