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Newton OUI Lawyer for the Newton District Court

A driver arrested for drunk driving anywhere in Newton faces a criminal OUI case in the Newton District Court, at 1309 Washington Street in West Newton. The Newton District Court hears criminal cases from every village of Newton, including Newton Centre, Newtonville, West Newton, Auburndale, Waban, and Chestnut Hill, and from no other city or town. The Middlesex County District Attorney’s Office prosecutes the case. The driver also faces a Registry of Motor Vehicles license suspension that can begin at the police station.

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. Route 9, the Massachusetts Turnpike, and Interstate 95 (Route 128) all run through Newton. In Attorney Serpa’s experience, the State Police and the Newton police make many of the court’s OUI and motor vehicle stops on Route 9, the Turnpike, and Route 128.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Newton District Court at clerk-magistrate hearings, at arraignment, at motion hearings, and at trial. Attorney Serpa has appeared before the Newton clerk-magistrates on OUI applications. 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 Newton

The Newton police or the State Police take the driver to the police station or the barracks for booking. An officer asks the driver to take a breath test on the Draeger Alcotest 9510. Under G.L. c. 263, § 5A, the police must tell the driver about the right to an examination 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 Newton District Court, usually on the next business day. The clerk’s office and the probation department both answer at (617) 244-3600. 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 9, the Turnpike, Route 128, and the Villages

Commonwealth Avenue and Washington Street connect the villages of Newton. The restaurants and bars in Newton Centre, Newtonville, and West Newton generate many of the court’s fake ID and alcohol cases. A driver stopped after leaving a restaurant in one of those villages faces the same OUI charge as a driver stopped on Route 9 or the Turnpike.

Counsel examines the reason for the stop, the basis for any exit order, and each field sobriety test. A judge who rules that the stop or the exit order was unlawful can suppress the evidence that the police gathered afterward, 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 Commonwealth must also show that a certified operator gave the breath test on a certified Alcotest 9510 after the fifteen-minute observation period. The judge can exclude the breath test final analysis when the Commonwealth cannot establish its foundation. The firm’s page on breath test and blood alcohol science explains the instrument and the regulations.

Boston College and Lasell University Students

Boston College sits on the border of Newton and Boston. The Newton District Court hears cases from the Chestnut Hill side of the campus in Newton, and the BMC Brighton Division hears cases that arise on the Boston side of the campus. Lasell University sits in Auburndale, and the Newton District Court hears cases that arise on its campus.

The Registry suspends the license of a driver under 21 whose blood alcohol is .02 or greater after an OUI arrest. The suspension lasts 180 days, or one year for a driver under 18. G.L. c. 90, § 24P. A driver under 21 who refuses the breath test loses the license for three years. G.L. c. 90, § 24(1)(f)(1).

A Boston College or Lasell University student charged in the Newton District Court may also face a university disciplinary proceeding on the same incident. A statement the student makes in the campus proceeding can become evidence in the criminal case. The firm’s page on college and university student defense explains both proceedings.

The Refusal Suspension and the Breath Test Final Analysis

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 180-day refusal suspension before any judge or jury decides the OUI charge. 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 page on Massachusetts OUI license suspensions explains each license suspension.

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. A first offender, or a driver whose only prior OUI is 10 years or more old, may resolve the case under § 24D.

The judge places the driver 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 for a driver who was under 21 at the time of the offense.

A driver convicted of a first OUI offense faces 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, and the driver can apply for a hardship license after three months. The firm’s page on hardship licenses and § 24D explains when a driver can apply for a hardship license.

Physicians, Lawyers, Academics, and Visa Holders

In Attorney Serpa’s experience, many people who come before the Newton clerk-magistrates are physicians, lawyers, financial professionals, and academics with no prior record. A physician may have to report a conviction or a continuance without a finding to the Board of Registration in Medicine, a lawyer to the Board of Bar Overseers, and a securities professional to FINRA, depending on each body’s rules.

When an OUI case begins with an application for a complaint, Attorney Serpa works to end a Newton professional’s case at the clerk-magistrate hearing, before any arraignment. The firm’s page on criminal charges and professional licenses explains the reporting rules.

A § 24D continuance without a finding, like an OUI conviction, can count as a conviction under federal immigration law. 8 U.S.C. § 1101(a)(48)(A). A noncitizen whose Newton case ends without a conviction may still have to answer questions about the arrest on an immigration application or at an interview. A noncitizen should have an immigration lawyer review the charge, the noncitizen’s immigration status, and the Newton court record before accepting a plea. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

Getting to the Newton District Court

The Newton District Court is at 1309 Washington Street, West Newton, MA 02465. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. Metered street parking and a metered lot are open to the public. A driver whose license is suspended may not drive to court. The West Newton stop on the MBTA Framingham and Worcester commuter rail line is the closest train stop. The Woodland stop on the Green Line D branch is about a mile from the courthouse.

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 Newton District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which court hears an OUI arrest in Newton?

The Newton District Court at 1309 Washington Street in West Newton hears every OUI case from Newton, including cases from Newton Centre, Newtonville, West Newton, Auburndale, Waban, and Chestnut Hill. The BMC Brighton Division hears cases from the Boston side of the Boston College campus. The Middlesex County District Attorney’s Office prosecutes the Newton District Court cases.

Where do the police make most Newton OUI stops?

In Attorney Serpa’s experience, the State Police and the Newton police make many of the court’s OUI and motor vehicle stops on Route 9, the Massachusetts Turnpike, and Interstate 95 (Route 128). The restaurants and bars in Newton Centre, Newtonville, and West Newton also generate many of the court’s alcohol cases.

What happens to a Boston College student under 21 after an OUI arrest in Newton?

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, under G.L. c. 90, § 24P. A driver under 21 who refuses the breath test loses the license for three years. The student may also face a university disciplinary proceeding on the same incident.

Can a Newton OUI case end before an arraignment?

When the police do not arrest the driver, the police apply for a criminal complaint, and a clerk-magistrate holds a private hearing before any complaint issues. A clerk-magistrate who denies the application ends that application, and no arraignment and no CORI entry result from it. A driver arrested for OUI goes to arraignment before a judge without a clerk-magistrate hearing.

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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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