4D Disposition / CWOF
One thing that always comes up with an OUI 1st Offense or OUI 2nd Offense case that may be treated as a 1st Offense, is the 24D Program or Disposition. The 24D Disposition is an Alternative Disposition that allows a 1st Time Offender to receive a shorter license loss, no jail time, and opportunity to get a hardship license. The term 24D originates from the statute which is M.G.L. c. 90 § 24D, which creates the program and alternative disposition. If the 1st time Offender is willing to enter and complete the 24D Program he or she is going to receive the benefits of the shorter license loss, no jail time, and will be eligible for a hardship license. One of the things that you will be expected to complete is the Alcohol Education Class. The Alcohol Education Class is a 16 week program, that typically meets once a week for two hours per week. If you take that class in Massachusetts, 32 classroom hours will be required of you. If you take an equivalent class out of state, 40 classroom hours will be required of you.
The class teaches the offender about the perils of drinking and driving and some of the devastating consequences it can have on one’s life.
A 24D Disposition also allows you to plead to a Continuance Without a Finding (CWOF). A CWOF is not considered a Guilty Plea in the Court’s eyes, but it acts similarly to a Guilty Plea, and is considered to be a Guilty Plea in the Registry of Motor Vehicles’ eyes. A CWOF means that you are admitting to sufficient facts for a finding of Guilty and had the case proceeded to trial that the Commonwealth would have had enough evidence to meet their burden of proving you Guilty Beyond a Reasonable Doubt. The advantage to receiving a CWOF is that you can answer on any job application that you have never been convicted of a crime. Your Board of Probation Record will also reflect a Dismissal if you complete your probationary period successfully.
The disadvantage to a CWOF is that if you are ever charged again with an OUI Offense, you will be charged with a subsequent offense. For example if you received a CWOF in 1992 and then you are charged with an OUI again in 2013, you will be charged with an OUI 2nd Offense.
If you have questions about the 24D Disposition/CWOF or in general about your OUI case, please contact Massachusetts OUI Attorney Paul R. Moraski today at (978) 744 – 1200.