Facing an Operating Under the Influence (OUI/DUI) charge in Massachusetts can be overwhelming and life-changing. Understanding the complexities of Massachusetts General Laws Chapter 90 Section 24 and navigating the legal system requires specialized knowledge and expertise. At Riccio Law, we are dedicated to providing robust defense strategies to protect your rights and achieve the best possible outcome for your case.
Understanding the 24D Program
What is the 24D Program?
In Massachusetts, individuals charged with OUI/DUI under Chapter 90 Section 24 may be required to complete the 24D Program as a condition of probation. This program is designed to educate offenders about the dangers of alcohol consumption and to prevent future offenses.
Requirements and Conditions
- Duration: Approximately 40 hours of alcohol education classes.
- Timeframe: Completed over 16 weeks.
- Cost: Around $600.00.
- Condition of Probation: Mandatory completion to avoid harsher penalties.
Eligibility for the 24D Program in Massachusetts
Defendants Entering into 24D Plea Agreement on First Offense Charges
- Eligibility: Individuals charged with their first offense OUI/DUI.
- Disposition: 24D Disposition results in a Continued Without a Guilty Finding (CWOF) for up to two years, typically one year.
- Conditions: Must attend and complete the 24D Program.
- License Suspension: Driving privileges are suspended for 45-90 days, with eligibility for a hardship license upon proof of enrollment in the program.
Defendants Convicted of First Offense OUI/DUI at Trial
- Outcome: Generally avoid jail time.
- Conditions: Ordered to attend and complete the 24D Program as a condition of probation.
- License Suspension: One-year suspension with no eligibility for a hardship license for at least 90 days.
Defendants Charged with Second Offense OUI/DUI (First Offense Over 10 Years Prior)
- Eligibility: Individuals whose first offense was more than ten years ago may qualify for a first offense disposition (Cahill Disposition).
- Disposition: Entitled to the same punishment as a first offense, including completion of the 24D Program.
- Future Charges: A subsequent charge would be considered a third offense, carrying a mandatory minimum sentence of six months imprisonment, with eligibility for release after serving 150 days.
Note: Successfully completing a 24D Disposition dismisses the charge without a guilty finding, but any future OUI/DUI charges will escalate in severity.
Should I Enter into a 24D Disposition?
Deciding whether to accept a 24D Disposition plea agreement depends on various factors unique to your case.
Factors to Consider:
- Evidence Strength: High breathalyzer readings or significant accident evidence may make a plea agreement advantageous.
- Case Complexity: Limited evidence may increase the viability of a not guilty verdict at trial.
- Personal Circumstances: Impact on your driving privileges and personal life.
Benefits of a 24D Plea Agreement:
- Avoiding a guilty finding on your record.
- Shorter license suspension periods.
- Structured rehabilitation through the 24D Program.
Going to Trial:
- Potential to receive a not guilty verdict.
- Avoiding mandatory program completion and associated costs.
An experienced Massachusetts OUI/DUI attorney can assess the strengths and weaknesses of your case, file necessary motions to suppress or limit evidence, and develop a strategic defense to protect your rights. Whether negotiating a plea agreement or representing you in court, skilled legal counsel is crucial for achieving the best outcome.
Why Choose Riccio Law for Your OUI/DUI Defense
Firm’s Expertise and Experience
Riccio Law, led by Attorney Anthony R. Riccio, specializes in criminal defense with a focus on OUI/DUI cases in Massachusetts. With extensive experience as both a defense attorney and former prosecutor, Attorney Riccio brings a comprehensive understanding of the legal system to every case.
Success Rate and Trial Experience
- Over 50 Trials Handled
- 35+ Jury Trials
- Nearly 85% Acquittal Rate
Attorney Riccio’s proven track record demonstrates his ability to effectively defend clients and achieve favorable outcomes.
Personalized Legal Strategies
Every OUI/DUI case is unique. Riccio Law offers tailored defense strategies that address the specific circumstances of your case, ensuring that your individual needs are met with precision and care.
Our OUI/DUI Defense Services
Comprehensive Legal Representation
From initial charges to final resolution, Riccio Law provides end-to-end legal support, ensuring that all aspects of your case are meticulously handled.
Navigating Massachusetts Courts
Understanding the intricacies of Massachusetts courts and OUI/DUI laws is essential. Our expertise ensures that your case is presented effectively within the local legal framework.
Handling All Aspects of the 24D Program
We guide you through the requirements and completion of the 24D Program, helping you fulfill probation conditions smoothly while minimizing disruptions to your life.
Frequently Asked Questions (FAQs)
What is the 24D Program, and who is eligible?
The 24D Program is an alcohol education program required for certain OUI/DUI offenders in Massachusetts as a condition of probation. Eligibility typically includes individuals charged with their first offense or second offense with the first offense over ten years prior.
Can I obtain a hardship license while completing the 24D Program?
Yes, defendants in a 24D disposition may be eligible for a hardship license during the suspension period upon proving enrollment in the 24D Program.
What are the consequences of a second OUI/DUI offense in Massachusetts?
A second offense OUI/DUI carries more severe penalties, including longer license suspensions and potential jail time. If eligible for a Cahill Disposition, a subsequent charge would escalate to a third offense with a mandatory minimum sentence.
Should I accept a plea agreement or go to trial?
The decision depends on the specifics of your case. An experienced OUI attorney can evaluate the evidence and advise whether a plea agreement or trial would be more beneficial for your situation.
How can Riccio Law help me with my OUI/DUI case?
Riccio Law offers expert legal defense, strategic case evaluation, and comprehensive support throughout the legal process, ensuring your rights are protected and aiming for the best possible outcome.
Conclusion
Facing OUI/DUI charges in Massachusetts is a serious matter that requires expert legal guidance. Riccio Law, led by Attorney Anthony R. Riccio, offers unparalleled expertise and a proven track record in defending clients against OUI/DUI charges. Whether navigating the 24D Program or fighting for a not guilty verdict, our personalized approach ensures that your case receives the attention and strategy it deserves.
Don’t navigate your OUI/DUI case alone. Contact Riccio Law today to schedule your free consultation and take the first step towards protecting your future.
Legal Resources
