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Hingham OUI Lawyer for the Hingham District Court

A driver arrested for drunk driving in Hingham, Hanover, Hull, Norwell, Rockland, or Scituate faces a criminal OUI case in the Hingham District Court, at 28 George Washington Boulevard in Hingham. The Plymouth County District Attorney’s Office prosecutes the case, even though Hingham, Hull, and the other towns sit close to Boston. The driver also faces a Registry of Motor Vehicles license suspension that can begin at the police station, before any judge hears the case.

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. In Attorney Serpa’s experience, many Hingham OUI arrests take place on Route 3, where the State Police and the local police departments patrol, and on Route 3A near the harbors and the beach. A driver arrested in Cohasset, Weymouth, or Braintree goes to the Quincy District Court instead, and the firm’s page on OUI cases in the Quincy District Court covers those arrests.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Hingham District Court at arraignment, at motion hearings, and at trial. Attorney Serpa meets South Shore clients at the Quincy office at 500 Victory Road, Suite 400A. The firm’s page on Boston OUI and DUI defense explains the elements of an OUI and the penalties for each offense.

What Happens After an OUI Arrest in Hingham

The arresting officer takes the driver to the police station or the State Police barracks 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 Hingham District Court, usually on the next business day. The clerk’s office and the probation department both answer at (781) 749-7000. At arraignment, the judge releases the driver on personal recognizance or sets bail and conditions of release. When the police do not arrest the driver, the police can apply for a criminal complaint, and a clerk-magistrate hearing takes place before any complaint issues.

Route 3, Route 3A, and Summer Arrests Near the Harbors

Route 3 runs through Hingham, Norwell, Rockland, and Hanover, and Route 3A follows the coast through Hingham and Scituate. In Attorney Serpa’s experience, the State Police and the local police departments make many of the court’s OUI and motor vehicle stops on Route 3 and Route 3A.

Nantasket Beach in Hull draws large summer crowds, and the bars near the beach and the boardwalk produce many of the court’s summer alcohol cases. Scituate Harbor and Hingham Harbor produce boating and alcohol cases in the summer months. A driver stopped after a night at the beach or the harbor faces the same OUI charge, the same Registry suspension, and the same defenses as a driver stopped on Route 3.

The Refusal, the Breath Test, and the Hardship License

A driver age 21 or older with no prior OUI offense who refuses the breath test loses the license for 180 days. The Registry imposes the refusal suspension before any judge or jury hears the case. 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 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. A driver who needs to drive to work during a suspension can ask the Registry for a hardship license, which allows driving during the same 12 hours every day. The firm’s page on OUI license suspensions explains each license suspension and the waiting periods for a hardship license.

The § 24D Disposition and the Penalties

A judge may not place an OUI case on file or continue the case without a finding, except through a disposition under G.L. c. 90, § 24D. For a first offender who resolves the case under § 24D, the judge imposes 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 of a driver in the § 24D program for 45 to 90 days, or for 210 days for a driver who was under 21 at the time of the offense.

A judge can sentence a driver convicted of a first OUI 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 convicted driver’s license for one year. The driver may apply to the Registry for a hardship license for work or school after three months. The firm’s page on the second offense OUI and the Cahill disposition explains the options for a driver with a prior OUI offense.

How Attorney Serpa Defends a Hingham OUI Case

Counsel examines the stop, the exit order, the field sobriety tests, and the foundation of the breath test final analysis from the Alcotest 9510. A trooper on Route 3 or an officer on Route 3A needs a lawful reason for the stop. A judge who rules that the stop was unlawful can suppress the officer’s observations, the field sobriety test results, and 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 not give the jury an opinion that the driver was under the influence. Commonwealth v. Canty, 466 Mass. 535 (2013). The Commonwealth must also show that a certified operator gave the breath test on a certified device after the fifteen-minute observation period. The firm’s page on breathalyzer defense explains the challenges to the breath test.

Getting to the Hingham District Court and the Quincy Office

The Hingham District Court is at 28 George Washington Boulevard, Hingham, MA 02043. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. A free parking lot serves the courthouse. A driver whose license is suspended may not drive to court. The closest stop on the MBTA Greenbush commuter rail line is Nantasket Junction, about a mile from the courthouse.

Attorney Serpa meets clients from Hingham, Hull, Scituate, Norwell, Hanover, and Rockland at the Quincy office at 500 Victory Road, Suite 400A, and at the Boston office at 20 Park Plaza, Suite 400A. A person charged with OUI in the Hingham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which towns’ OUI cases go to the Hingham District Court?

The Hingham District Court hears OUI cases from Hingham, Hanover, Hull, Norwell, Rockland, and Scituate. The Plymouth County District Attorney’s Office prosecutes the cases. OUI arrests in Cohasset, Weymouth, and Braintree go to the Quincy District Court instead.

Where do most Hingham OUI arrests take place?

In Attorney Serpa’s experience, many Hingham OUI arrests take place on Route 3, where the State Police and the local police departments patrol, and on Route 3A near the harbors and the beach. Nantasket Beach in Hull and the harbors in Hingham and Scituate also produce many summer alcohol cases.

How long is the license suspension after refusing the breath test in Hingham?

A driver age 21 or older with no prior OUI offense loses the license for 180 days after refusing the breath test. A driver under 21 or a driver with one prior offense loses the license for three years. The Registry imposes the refusal suspension right after the arrest, and the Commonwealth may not use the refusal as evidence at trial.

Where does Attorney Serpa meet clients with a Hingham OUI case?

Attorney Serpa meets South Shore clients at the Quincy office at 500 Victory Road, Suite 400A, and at the Boston office at 20 Park Plaza, Suite 400A. Clients can call the office at 617.936.0201.

Related Serpa Law Office Resources

Client Reviews

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.

P.C.

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