In Massachusetts it is an additional offense to operate a motor vehicle while under the influence of alcohol with a child under the age of 14 in the car. While this offense could result in a sentence to the house of correction, it will also result in a one year license suspension. Furthermore, although you may be eligible for a hardship license for the OUI conviction and suspension, you are not eligible for a hardship license during this one year suspension. Therefore, when a person is charged with a first offense OUI, the stakes are increased when child endangerment is alleged.
Your Boston DUI Lawyer must have the experience to prevent the government from proving the child endangerment charge. This requires significant knowledge of the rules and laws of evidence and what is admissible and what should be excluded from evidence at your trial. Always remember, the government has the burden of proof and must find some way to prove the age of the child. In most cases, it is not permissible for a witness to give an opinion of a child’s age or for a jury to determine age based on physical descriptions. Moreover, the government can not rely upon hearsay evidence (what someone else told the witness) to prove the age. This is just another way an aggressive defense attorney can protect your rights by compelling the government to prove its case.