Welcome To The Drunk Driving Defense Blog

As a life long area resident and a graduate of the University of Massachusetts at Amherst who has spent four or five days each week in area courts I can honestly say I know this community well. As a Criminal Lawyer and specialist in OUI I truly enjoy working relentlessly for you! This blog is a way to share some of what I have learned and to give you a chance to get to know me. If you have a legal issue feel free to call my office. If I cannot help you I will be glad to refer you to a suitable attorney. Relentlessly yours- Dan

Don't forget  (413) 549-3883 - Anytime.  Or Visit http://www.sclearylaw.com for  criminal law, Dui Oui Dwi Defense,

Amherst Lawyer: Dan Sandell on OUI

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OUI Attorney Checklist

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Being arrested for Operating under the influence can be a traumatic experience. The area of law surrounding OUI arrests has become very specialized over the past decade and it is extremely important that you have an attorney whom you feel comfortable with as well as being confident in their abilities to represent you throughout the court process. Below is a list of questions that I feel is appropriate to ask any attorney before retaining them for an Operating under the influence case. I have also provided my own answers to these questions for you:


What portion of your practice is dedicated to criminal defense?

90% of my practice is dedicated to representing criminal defendants in district courts across the Commonwealth.


In what courts and counties do you regularly and occasionally practice?

Attorney Sandell regularly practices in Hampden and Hampshire Counties, mainly representing students who attend UMass Amherst and the surrounding five college area in the E. Hampshire District Court as well as representing individuals in the Holyoke and Springfield area. Attorney Sandell occasionally will represent individuals in Franklin and Worcester Counties when a client would like to have an experienced trial attorney by their side. Attorney Sandell is familiar with most of the Judges and Assistant District Attorneys who regularly sit and practice in those courts


How often are you in court representing your defendants in District Courts?

Attorney Sandell is regularly in court four to five days a week representing individuals on a variety of criminal matters.


What types of OUI cases have you tried before?

Attorney Sandell has tried first, second, third, and fourth offense OUI cases, he has also used forensic toxicologists (Breath test experts), as well as cross examining the Commonwealth’s expert in OUI cases where there was a Breathalyzer test admitted into evidence.


Have you ever argued a Motion to Suppress evidence?

Yes, attorney Sandell has successfully argued motions to suppress evidence obtained from a warrantless search that has resulted in all the evidence that was gathered after the stop from being admitted into evidence during trial. This often leads to the prosecution deciding not the prosecute the matter further.


Have you ever argued a motion to exclude a Breathalyzer test?

Yes, attorney Sandell has successfully argued a motion to exclude a Breathalyzer test that forbid the Commonwealth from being able to enter the result of the test into evidence.


Are you familiar with the police officer’s field sobriety testing procedures?

Yes, Attorney Sandell and thoroughly reviewed numerous police officer’s field sobriety testing manuals and has impeached arresting officers during trial when they deviate from their training.


Are you familiar with the Breathalyzer testing device and the procedures for administering a test?

Yes, attorney Sandell has reviewed the Breathalyzer testing manual for police officers as well as being familiar with all of the Code of Massachusetts Regulations that pertain to the proper administration of a Breathalyzer test by a law enforcement official. Attorney Sandell has taught a brief class to other attorneys on how to attack a Breathalyzer test at trial.


If the answer to most or all of these questions is yes then one of your final questions should be, How much is this going to cost me?

The Law Office of Daniel M. Sandell has the first offense OUI flat fee guarantee (note that this does not guarantee you are going to win your case!!!). The flat fee guarantee allows for an up front flat fee of $500.00 to review your case and let you decide if you would like to tender a plea or schedule a trial. If you have a motion that may result in a better outcome for your case, there will be an additional cost of $500.00, a total of $1,000.00 .

If your matter is prepared for trial than the total cost to you for Attorney Sandell’s services is $1,500.00 . Please note that this flat fee does not include any additional cost for hiring private investigators or forensic toxicologists (breath test experts). Also note that 2nd, 3rd , and 4th offenses generally range somewhere between $2,000-$4,000.00 depending on the complexity of the case. By giving you a flat fee, you know what the matter will cost ahead of time instead of being billed at a high hourly rate with no guarantee as to how many hours, or how high the legal fees may get.

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