A Marlborough man facing, a repeat offense OUI charge in Massachusetts, a 7th offense, was found to be a danger to the public and was ordered to be held without bail until his trial. John Sawicki, 49, has a long record, according to the news account and was arrested last Tuesday after the stolen car he was driving was spotted by an officer. Sawicki was found in the driver’s seat with the keys in the ignition. The officer allegedly smelled alcohol, vomit, and urine in the vehicle. Sawicki appeared to be impaired and kept nodding off during questioning. His arrest came after state and local police officials received multiple reports that the stolen car was erratically weaving on Interstate 290 East. The Metrowest Daily News reported that Sawicki’s vehicle had several cold beer cans and assorted car parts. The vehicle was reported stolen by the DMV.
Police report that Sawicki swore at him and refused to take a sobriety test . The judge found Sawicki dangerous and ordered him held without bail. He is currently being charged with OUI (fifth offense or greater), receiving a stolen vehicle, possession of an open container of alcohol, and driving with a suspended Massachusetts license revoked for OUI .
A person in Massachusetts charged with a 4th OUI offense or greater may be required to attend a dangerousness hearing. This hearing is held to evaluate the defendant’s danger to the community at large. During the dangerousness hearing in Massachusetts , the judge will consider several factors. For instance, the judge will look at the nature of the crime, along with other factors to determine if the person should be detained or the conditions upon release. This hearing is typically held at the defendant’s first court experience, therefore it is crucial to hire an experienced Marlborough OUI attorney during this time. The attorney may request a continuance for a maximum of seven days to prepare a preliminary defense.
Dangerousness hearings differ from criminal hearings in that all the evidence is admissible when determining if the defendant is a danger to the community. The judge may also reopen the dangerousness hearing if new evidence comes to light that supports that the defendant poses a risk to society. The decision to hold a defendant will be made only after the hearing determines by clear and convincing evidence that the safety of the community will be at risk regardless of the conditions of release for the accused. The period of time that the court is allowed to detain a person in this situation, can not exceed 90 days.
A judge will look at a number of factors to determine whether or not bail should be granted when facing a multiple OUI charges in Massachusetts :
*The nature and seriousness of the danger that would be imposed upon the
community if the defendant were released
*The circumstances and the nature of the offenses charged *The potential sentence of the crime *History of mental illness and employment record *Conviction record and prior charges/bail violations *Reputation of the defendant and any family ties *Controlled substance dependence
Sawicki’s is being held without bail until his March 9th pre-trial hearing.