HARRYM
NES Member
This just simply doesn't happen........does it?
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CWOF is not an uncommon result for a first-offense DUI.This just simply doesn't happen........does it?
Really, how can that be. As a minor I was arrested for simply being present because some other kid had weed and a few pills in his cigarette pack. Got a COF for it. Minor being present was taken off the books years ago but yet every time I renew I must disclose I was arrested and get a bunch of BS over it some 53 years later.CWOFs save everyone the time and expense of a trial with an uncertain outcome. The globe published statistics a few years ago. Bench trial for OUI has a 90%+ acquittal rate statewide and with some judges over 99% acquittal rate.
So if you ever get arrested on OUI, dont blow, dont agree to blood draw, bench trial. Or in this case CWOF so he is prohibited person until the period is over and then its gone.
Not really special treatment by MA standards.
CWOF: continuance without a finding.Really, how can that be. As a minor I was arrested for simply being present because some other kid had weed and a few pills in his cigarette pack. Got a COF for it. Minor being present was taken off the books years ago but yet every time I renew I must disclose I was arrested and get a bunch of BS over it some 53 years later.
I had no possession, dope is now sold on every street corner and yet every renewal I have to put up with BS 53 years down the road.
Remember though, 1971 we were told minor being present COF never happened after the 6 month term was up. We were only asked if we had been convicted of certain crimes and the answer was no. Over time they widened the net to just being arrested and in my opinion violated the terms of the 1971 COF and I always considered it double jeopardy to do that. To me its insulting to have to be hassled over a just simply being present as a minor COF case some 53 years later.CWOF: continued with out finding.
You got a CWOF because that is what your lawyer or parents agreed to. You pled to the facts and they gave you a CWOF which results in a dismissal of the charges if you are free of police interactions for the period specified.
You would have to disclose the arrest since you were arrested. You were not convicted, but the charges were dismissed. That is what your record will show.
Arguably asking if you have been arrested is not reasonable because that is not subject to your control or behavior. But it is what it is. Lots of innocent people have been arrested.
CWOFs save everyone the time and expense of a trial with an uncertain outcome. The globe published statistics a few years ago. Bench trial for OUI has a 90%+ acquittal rate statewide and with some judges over 99% acquittal rate.
So if you ever get arrested on OUI, dont blow, dont agree to blood draw, bench trial. Or in this case CWOF so he is prohibited person until the period is over and then its gone.
Not really special treatment by MA standards.
CWOF is not an uncommon result for a first-offense DUI.
I'm sure it's hard to realize not to blow, or agree to have your blood drawn, when you're three sheets to the wind.Most of our clients who get arrested for DUI end up with either a CWOF or acquitted in a bench trial. You have to work pretty hard to get convicted of a DUI in MA. Unless you blow or let them draw blood it's almost certain acquittal or at the worst a CWOF, it also helps to get a lawyer. There are repercussions to refusing to blow, like mandatory 6 mo license suspension, but it's a lot better than a conviction.