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Brookline OUI Lawyer for the Brookline District Court

A driver arrested for drunk driving in Brookline faces a criminal OUI case in the Brookline District Court, at 360 Washington Street in Brookline. The Brookline District Court hears criminal cases from the Town of Brookline only, including Coolidge Corner, Brookline Village, Washington Square, and the Brookline side of Chestnut Hill. Brookline is part of Norfolk County, and the Norfolk County District Attorney’s Office prosecutes the case. The driver also faces a Registry of Motor Vehicles license suspension that can begin on the night of the arrest.

Massachusetts law calls drunk driving operating under the influence, or OUI, under G.L. c. 90, § 24(1)(a)(1). Most people call the offense DUI. Many Brookline OUI arrests take place on Boylston Street, which is Route 9, and near Brookline Village. No interstate highway crosses Brookline, so most motor vehicle cases in the Brookline District Court come from stops on Route 9 and from local police enforcement.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Brookline District Court at clerk-magistrate hearings, at arraignment, at motion hearings, and at trial. Attorney Serpa has appeared before Brookline’s clerk-magistrates in OUI cases. The firm’s page on Boston OUI and DUI defense explains what the Commonwealth must prove in every OUI case.

What Happens After an OUI Arrest in Brookline

The police take the driver to the station for booking. An officer asks the driver to take a breath test on the Draeger Alcotest 9510. The police must tell the driver about the right under G.L. c. 263, § 5A to be examined by a physician of the driver’s choice, at the driver’s expense. A bail commissioner can then release the driver on bail or on personal recognizance.

The driver appears for arraignment in the Brookline District Court, usually on the next business day. The clerk’s office answers at (617) 232-4660, and the probation department answers at (617) 277-9032. At arraignment, the judge releases the driver on personal recognizance or sets bail and conditions of release. A driver arrested for OUI goes to arraignment without a clerk-magistrate hearing.

Stops on Boylston Street and Near Brookline Village

A stop on Boylston Street often begins with an officer’s claim that the driver crossed a lane marking or rolled through a stop sign. Counsel examines the reason for the stop, the basis for the exit order, and how the officer gave the field sobriety tests on a sloped and busy roadside. A judge who rules that a stop was unlawful suppresses the evidence the police found after the stop, including the breath test final analysis.

The Commonwealth must present expert testimony before the jury hears about the horizontal gaze nystagmus test. Commonwealth v. Sands, 424 Mass. 184 (1997). The officer may describe the walk and turn and the one leg stand, but the officer may not tell the jury that the driver was under the influence. Commonwealth v. Canty, 466 Mass. 535 (2013).

Counsel also examines the calibration records of the Draeger Alcotest 9510. The Commonwealth must establish the foundation of the breath test final analysis, including the operator’s certification and the device’s certification, before the judge admits the result. The firm’s page on breath test and blood alcohol science explains the instrument and the regulations.

The Clerk-Magistrate Hearing and an Application Held Open

When the police do not arrest the driver, the police can apply for a criminal complaint, and the case begins with a clerk-magistrate hearing under G.L. c. 218, § 35A, before any arraignment. The hearing is informal, and the rules of evidence do not apply. A police prosecutor usually presents the police report.

Counsel answers the police report with documents that the clerk-magistrate can rely on. Those documents may include employment records, letters about the driver’s character and work, and proof that the driver completed an alcohol education program before anyone ordered it. A clerk-magistrate who declines to issue a complaint leaves no arraignment and no CORI entry.

A clerk-magistrate may also hold an application open for a set period. In Attorney Serpa’s experience, the clerk-magistrate ordinarily does not issue a complaint when the person commits no new offense while the clerk-magistrate holds the application open.

The Refusal and the License Suspension

A driver age 21 or older with no prior OUI offense who refuses the breath test loses the license for 180 days. A driver under 21, or a driver with one prior offense, loses the license for three years after a refusal. G.L. c. 90, § 24(1)(f)(1). The Registry imposes the refusal suspension before any judge hears the case, and the Commonwealth may not use the refusal as evidence at trial. G.L. c. 90, § 24(1)(e).

A driver whose breath test final analysis is .08 or greater loses the license until the court resolves the case, but no more than 30 days. The driver can request a Registry hearing on a refusal suspension within 15 days of the suspension. The firm’s guide to Massachusetts OUI license suspensions explains the separate Registry timeline.

The § 24D Disposition and a First-Offense Conviction

A judge may not place an OUI case on file or continue it without a finding, except through a disposition under G.L. c. 90, § 24D. Under § 24D, the judge places an eligible first offender on probation for up to two years, usually with a continuance without a finding, and orders the driver to complete the driver alcohol education program. The Registry suspends the license for 45 to 90 days, or for 210 days when the driver was under 21. The driver can apply for a hardship license as soon as the driver enrolls in the program.

A judge can sentence a driver convicted of a first offense to up to two and one-half years in the house of correction, a fine of $500 to $5,000, or both. The Registry revokes the license for one year after a first-offense conviction. The firm’s page on the first offense OUI explains eligibility for § 24D.

Physicians, Nurses, and Researchers in the Longwood Medical Area

Many Brookline defendants work as physicians, nurses, and researchers in the Longwood Medical Area. A licensed professional may have to report a conviction or a continuance without a finding to a licensing board or to a hospital, depending on the board’s rules and the hospital’s policies. A hospital may also begin its own review after an arraignment, before the criminal case ends.

Attorney Serpa therefore works to end a licensed professional’s Brookline case at the clerk-magistrate hearing or by dismissal before trial. A defendant who accepts a favorable plea still has a court record. The firm’s page on criminal charges and professional licenses explains the reporting rules by license.

Students and Visa Holders

Many students from Boston University, Boston College, and Northeastern live in off-campus housing in Brookline. The Registry suspends the license of a driver under 21 whose blood alcohol is .02 or greater for 180 days, or for one year for a driver under 18. G.L. c. 90, § 24P. A student may also face a university conduct proceeding, which the firm’s page on college and university student defense explains.

A conviction or a § 24D continuance without a finding can affect a noncitizen’s visa, green card application, or naturalization application. A noncitizen charged with OUI in Brookline should have an immigration lawyer review the charge before deciding how to resolve the case. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

Getting to the Brookline District Court

The Brookline District Court is at 360 Washington Street, Brookline, MA 02445. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. Metered spaces line the streets around the courthouse, and a metered lot is across the street on School Street. A driver whose license is suspended may not drive to court. The Brookline Village stop on the MBTA Green Line D branch is the closest train stop, and MBTA buses 60, 65, and 66 stop nearby.

Serpa Law Office has offices in Boston, at 20 Park Plaza, Suite 400A, and in Quincy, at 500 Victory Road, Suite 400A. A person charged with OUI in the Brookline District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which court hears an OUI arrest in Brookline?

The Brookline District Court at 360 Washington Street hears criminal cases from the Town of Brookline only, including Coolidge Corner, Brookline Village, Washington Square, and the Brookline side of Chestnut Hill. Brookline is part of Norfolk County, and the Norfolk County District Attorney’s Office prosecutes the cases.

Where do most Brookline OUI arrests take place?

Many Brookline OUI arrests take place on Boylston Street, which is Route 9, and near Brookline Village. No interstate highway crosses Brookline. A stop on Boylston Street often begins with an officer’s claim that the driver crossed a lane marking or rolled through a stop sign.

What happens when a Brookline clerk-magistrate holds an application open?

The clerk-magistrate holds the application for a set period instead of issuing a complaint. In Attorney Serpa’s experience, the clerk-magistrate ordinarily does not issue a complaint when the person commits no new offense during that period. A clerk-magistrate who declines to issue a complaint leaves no arraignment and no CORI entry.

What does a Brookline OUI arraignment mean for a nurse or a physician?

An arraignment creates a court record of a pending criminal case. A licensing board or a hospital that checks CORI may see the pending case before the case ends, and a hospital may begin its own review after an arraignment. A case resolved at the clerk-magistrate hearing, before any arraignment, leaves no CORI entry.

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He's one of the best people I've met. I'm really appreciative of all the help I received. If you have a serious case, he'll work hard to make sure you have the best outcome. I highly recommend him. You will not be disappointed.

A.J

Mr. Serpa was very helpful with my family member ‘s case. He was able to get it dismissed quickly and easily. He is very professional and very good at what he does. I’m so glad he hired him. You will be glad too if you hire him.

Z.M.

Serpa law office was my attorney of choice for 2 seperate cases I had last year. With both situations, Joseph not only treated me great, delivered the results I was hoping for, and was extremely professional and genuine. I would definitely recommend this law office to anyone in need of legal help.

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