MOTION FOR NEW TRIAL ALLOWED - PRIOR CONVICTION VACATED
Operating Under the Influence of Alcohol; Uxbridge District Court; Commonwealth v. Z.A.; October 18, 2023
The Defendant had previously offered and the Court accepted a change of plea to the charge of Operating Under the Influence of Alcohol. The Defendant suffered a loss of license, was ordered to complete the sixteen week alcohol education program, and had to pay a series of fines and fees.
Concerned with the outcome of the case and the impact this entry on his Board of Probation Record would have, the Defendant asked Attorney Ciraulo to review his case. Attorney Ciraulo agreed. After reviewing the situation, Attorney Ciraulo filed, and the Court allowed, a Motion to Vacate the Prior Conviction / Motion for New Trial. As such the Defendant's prior change of plea was un-done and the conviction no longer remained in place.
Vacating prior convictions is a critical step in the process of defending OUI cases. Second, Third, Fourth, and greater offenses of OUIs carry extremely significant penalties including minimum mandatory jail sentences and catastrophic loss of license. When one or more of the prior convictions are vacated, the new charge will be reduced and may convert to a misdemeanor. Without question, the penalties and loss of license will be reduced.
As such, It is critical that you have an attorney experienced in OUI defense and the law of prior convictions review your case and put in place a plan of attack.
Call Attorney Ciraulo now to learn how he can help you fight your case.