Discussion:
Drunk driving conviction in Massachusetts
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NadCixelsyd
2012-03-30 13:42:16 UTC
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I have a sleazy neighbor who was arrested for drunk driving. The
Massachusetts court records in the local paper say, " ... charged with
driving while under the influence of alcohol or .08 percent,
sufficient facts found but continued without a finding for one year,
$250 head injury assessment, $250 OUI fee, $50 OUI victims assessment,
$50 victim-witness assessment, 45 days loss of license and must
complete 90-24D program; ... "

What is "continued without finding"? If there were sufficient facts,
why wasn't there a finding? Does that mean that if he keeps his nose
clean for a year, he won't have a DUI on his record? What is a "head
injury assessment", "victims assessment" and "victim-witness
assessment"?
Jimmy
2012-03-30 18:41:30 UTC
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 What is a "head injury assessment", "victims assessment" and "victim-witness
assessment"?
The head injury assessment is a surcharge on traffic tickets. The
other fees might be as well.

Jimmy
John F. Carr
2012-04-04 20:21:10 UTC
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Post by NadCixelsyd
I have a sleazy neighbor who was arrested for drunk driving. The
Massachusetts court records in the local paper say, " ... charged with
driving while under the influence of alcohol or .08 percent,
sufficient facts found but continued without a finding for one year,
$250 head injury assessment, $250 OUI fee, $50 OUI victims assessment,
$50 victim-witness assessment, 45 days loss of license and must
complete 90-24D program; ... "
What is "continued without finding"? If there were sufficient facts,
why wasn't there a finding? Does that mean that if he keeps his nose
clean for a year, he won't have a DUI on his record? What is a "head
injury assessment", "victims assessment" and "victim-witness
assessment"?
This is the standard deal for a first offense.

All the dollar values should be considered part of the minimum fine.
They are itemized for no good reason. When the legislature wants more
money it often adds a new fee instead of raising a fine.

Admitting to sufficient facts is not formally a conviction if the judge
accepts the plea. You say "you could convict me" and the judge says "I
won't convict you if you stay out of trouble." The defendant can claim
not to have been convicted of a crime. Other states have "diversion"
with similar effects.

A second DUI within 10 years will count as a second offense. The federal
government may consider the guy to have pleaded guilty to DUI, despite
the lack of a formal conviction.
--
John Carr (***@mit.edu)
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