Massachusetts Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License

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Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases.


Severance of actions may be allowed in the court's discretion either to permit a separate trial for some of the parties or a separate trial of properly joined causes of action. Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. The basic reason for granting a severance is that prejudice is likely to result from a joint trial. Severance should be permitted where the defendants' interests are hostile, where the action against them is not based on the same legal liability, or where a joint trial would involve the submission of very complex and abstruse questions to the jury and would materially affect the substantial rights of the parties.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Massachusetts law, the prosecution, or state, must prove three elements in order to obtain a conviction for OUI: The defendant was operating a motor vehicle. The vehicle was operated on a public way. The driver (defendant) of the vehicle was under the influence of drugs or alcohol (If you have a BAC of .

Here are some simple steps to follow after an OUI charge in Massachusetts to produce the best possible results: Find the right Massachusetts OUI defense attorney. ... Do NOT PLEAD GUILTY until you've spoken with your OUI defense lawyer. ... Explore the evidence. ... Evaluate the details of the traffic stop and arrest.

Under Massachusetts law, the prosecution, or state, must prove three elements in order to obtain a conviction for OUI: The defendant was operating a motor vehicle. The vehicle was operated on a public way. The driver (defendant) of the vehicle was under the influence of drugs or alcohol (If you have a BAC of .

One common question asked by many charged with drunk driving in Massachusetts is: how long will the case take? A Massachusetts OUI will generally take at least four or five months if you are contesting the case at trial. You could receive a trial date sooner depending on the court and the circumstances of the case.

License suspension 1 year (on and after the suspension for breath test refusal (if any). No consideration for hardship until at least 3 months into 1-year license suspension period.

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Massachusetts Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License