Lincoln OUI Lawyer
The Lincoln Police Department is vigilant in arresting motorists for OUI. At DelSignore Law, we have handled numerous cases that came out of Lincoln, and are here to help you today. The Lincoln Police Department likely has video evidence which would have captured you on the night of your arrest. When you hire us to represent you, DelSignore Law will begin working on your case immediately, and one of the first things we will accomplish is to preserve any such video.
The cameras at the Lincoln Police Station capture the defendants walking in alongside the officer and during the booking process. Often, the booking video is helpful as it shows your demeanor on the night of the arrest. Accordingly, every booking video is different, but we will work to make sure the video is preserved and that we obtain a copy to use at your trial.
Arrests made in Lincoln, MA, will be heard in the:
Concord District Court
305 Walden Street, Concord, MA 01742
For your first court date following your OUI arrest, please make sure to appear at or before 8:30 AM. Your first court appearance will be your arraignment date; arraignment is a quick court date as you will enter a not guilty plea and will be given a new date to come back with your lawyer for pretrial.
All further court dates such as your pretrial hearings, any motions, and your trial, will all be heard at this court. If your case proceeds to trial, you can expect the trial to be heard on either a Tuesday or a Thursday, as this is when Concord holds their trial sessions. The court generally has two judges that are present at the court house.
The Concord District Court hears arrests originating not only out of Lincoln, but out of the towns of Concord, Carlisle, Lexington, Bedford, Acton, Maynard, and Stow. The court is busy, but please make sure to arrive on time for all of your court appearances.
Challenging your case in court – Motion HearingsA DelSignore Law lawyer will review your case and will file any relevant motions, including to suppress the stop and exit order by the police. Essentially, in this motion, we are challenging the officers claim that he or she had reasonable suspicion to stop your vehicle.
Often, this becomes an opportunity for us to see how the officer is going to testify about your driving ability and your reaction time. Another common motion is a motion to suppress the search of your vehicle, which commonly happens in cases in which somebody is pulled over and has alcohol in the car.
Generally speaking, motions are filed if we believe that your rights have been violated in some way, shape, or form. Our argument is simply that, due to that violation, certain evidence should be suppressed as it was illegally obtained
The process begins with the motion being filed, the officer will then be summoned to appear, and defense counsel has an opportunity to cross-examine the police officer and make an argument that the police officer violated the client’s rights to their Fourth Amendment rights. If we are successful in the motion argument, the evidence such as alcohol from the car would be suppressed which makes your case stronger when we take it to trial.
CAN A MOTION TO DISMISS BE FILED IN MY CASE?If there are grounds that constitute a dismissal of your case, a DelSignore Law attorney will file a motion to dismiss. However, this is not a common occurrence. Many cases have to be taken to trial and fought by an experienced OUI defense lawyer, If new information comes to light later, the attorney can file a motion to dismiss at that time.
We can file a motion to dismiss when the police report does not show probable cause that you were under the influence of alcohol or if you were not on a public way. For example, if you were on a private road as opposed to a public way, we could file a motion to dismiss. This does not mean the case will automatically get dismissed and all charges will be dropped, but we can make the argument before the judge and let him or her decide.
Benefit of having a DelSignore Law attorney at the Concord District Court with youDelSignore Law attorneys have successfully represented dozens of clients charged with OUI and other criminal offenses in the Concord District Court. Because the Lincoln Police Department has booking video, it is important you consider hiring us right away. Preserving this video is a time sensitive matter, as many times the police departments will discard any video after a short amount of time.
Feel free to contact DelSignore Law today; we can review your case and answer any outstanding questions you might have. We accept both phone calls and texts, at 781-686-5924. You can read more about some of the common defenses to an OUI case as well as the court process on our website today.