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Wrentham OUI Lawyer for the Wrentham District Court

A driver arrested for drunk driving in Franklin, Walpole, Foxborough, Medway, Millis, Norfolk, Wrentham, or Plainville faces a criminal OUI case in the Wrentham District Court, at 60 East Street in Wrentham. A driver arrested for OUI on Route 1 after a Gillette Stadium event, or on Interstate 95 or Interstate 495 in the eight communities, appears in the Wrentham District Court. 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. Gillette Stadium sits on Route 1 in Foxborough. Route 1 also runs through Walpole, Wrentham, and Plainville, and Interstate 495 runs through Franklin, Wrentham, and Plainville.

Attorney Joe Serpa has practiced Massachusetts criminal defense since 1995. He represents drivers charged with OUI in the Wrentham District Court at clerk-magistrate hearings, at arraignment, at motion hearings, and at trial. Attorney Serpa tries to end each Wrentham case at the earliest stage. 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 Foxborough or Wrentham

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 Wrentham District Court, usually on the next business day. The clerk’s office answers at (508) 384-3106, and the probation department answers at (508) 384-8141. A defendant must appear at the arraignment unless the judge allows otherwise. 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.

Gillette Stadium Event Nights on Route 1

In Attorney Serpa’s experience, after Patriots home games, concerts, and other major events at Gillette Stadium, the Wrentham District Court hears many cases of disorderly conduct, trespass after ejection, assault, and OUI on Route 1. The police make many stops on event nights, and the defense can often challenge the basis for those stops. In Attorney Serpa’s experience, the police report from a stadium event is often written after a chaotic night.

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 judge who rules that the officer had no lawful reason for the stop can suppress the evidence that the officer gathered after the stop. 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 breath test and blood alcohol science explains the instrument and the regulations.

Drivers Who Live Outside Massachusetts

In Attorney Serpa’s experience, many defendants in the Gillette Stadium cases live far from Massachusetts. When the police apply for a complaint instead of arresting the driver, Attorney Serpa can often attend the clerk-magistrate hearing on behalf of an out-of-state client, so that the client does not have to fly back. In Attorney Serpa’s experience, many stadium cases can end at the clerk-magistrate hearing when the defense presents the client’s clean record and a documented account of what happened.

The Registry of Motor Vehicles revokes a convicted driver’s license or right to drive in Massachusetts for one year after a first OUI conviction. A driver licensed in another state should read the firm’s page on out-of-state drivers charged with OUI in Massachusetts.

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 or jury decides the OUI charge, 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 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. The driver can apply for a hardship license as soon as the driver enrolls in the program.

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 firm’s page on the first offense OUI explains the choice between a trial and § 24D.

Students, Professionals, and Visa Holders

Dean College is in Franklin. 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 Dean College student may also face a college conduct proceeding, which the firm’s page on college and university student defense explains.

A licensed professional may have to report an OUI charge or a § 24D disposition to a licensing board, depending on the board’s rules. Massachusetts law bars most employers from asking about an arrest or a charge that did not end in a conviction. G.L. c. 151B, § 4(9). The firm’s page on criminal charges and professional licenses explains the reporting rules.

A continuance without a finding after an admission to sufficient facts is a conviction under federal immigration law when the judge imposes probation or another restraint. 8 U.S.C. § 1101(a)(48)(A). A noncitizen charged with OUI in the Wrentham District Court should have an immigration lawyer review any proposed plea or § 24D disposition before accepting it. The firm’s page on OUI and immigration explains the immigration rules for an OUI.

Getting to the Wrentham District Court

The Wrentham District Court is at 60 East Street, Wrentham, MA 02093. The courthouse is open Monday through Friday, from 8:30 a.m. to 4:30 p.m. A parking lot sits behind the courthouse. No public transportation serves the courthouse, which sits near Interstate 495 and Route 1. A driver whose license is suspended may not drive to court and needs another way to get there.

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 Wrentham District Court can call 617.936.0201 or request a consultation.

Frequently Asked Questions

Which court hears an OUI arrest after a Gillette Stadium event?

The Wrentham District Court hears criminal cases from Franklin, Walpole, Foxborough, Medway, Millis, Norfolk, Wrentham, and Plainville. Gillette Stadium in Foxborough is within the court’s jurisdiction. A driver arrested for OUI on Route 1 after a Gillette Stadium event appears in the Wrentham District Court, and the Norfolk County District Attorney’s Office prosecutes the case.

Does an out-of-state driver have to return to Massachusetts for a Wrentham OUI case?

A defendant must appear at the arraignment unless the judge allows otherwise. When the police apply for a complaint instead of arresting the driver, Attorney Serpa can often attend the clerk-magistrate hearing on behalf of an out-of-state client, so that the client does not have to fly back.

Can the defense challenge a stop made on a Gillette Stadium event night?

In Attorney Serpa’s experience, the police make many stops on event nights, and the defense can often challenge the basis for those stops. Counsel examines the reason for the stop, the exit order, the field sobriety tests, and the foundation of the breath test final analysis. A judge who rules that the stop was unlawful can suppress the evidence that the officer gathered after the stop.

What happens to an out-of-state driver’s right to drive in Massachusetts after a Wrentham OUI conviction?

The Registry of Motor Vehicles revokes a convicted driver’s license or right to drive in Massachusetts for one year after a first OUI conviction. A driver age 21 or older with no prior OUI offense who refuses the breath test loses the license or the right to drive in Massachusetts for 180 days.

Related Serpa Law Office Resources

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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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