Cahill Disposition - Second Offense Alternative Disposition

Obtaining a Cahill Disposition

A Defendant seeking a Cahill disposition qualifies if they are facing their 2nd OUI / DUI charge and their previous charge was more than 10 years prior to the immediate charge. Qualifying doesn't end the discussion though, once you qualify the issue needs to be negotiated with the prosecutor, and similar to a 24D disposition, these negotiations are dependent on both the indivudal personalities with whom you are dealing, and the underlying facts of your case. Even though the charge for a .08 and .28 OUI may be identical, the prosecutor and judge both know that they are very different and will act accordingly.

Continuance Without A Finding

An alternative disposition involves changing one’s plea from “Not Guilty” to “Continuance Without a Finding”  (CWOF) this is similar to the concept of a “no contest” plea; essentially you aren’t directly admitting guilt, but you are conceding that IF we were to go to trial, the prosecution has enough evidence to find you guilty. Initially this may seem to be a mere semantic distinction, but it’s actually quite significant and the main benefit of the 24D program - as it means you will NEVER be found guilty (so long as you successfully complete the program). So despite the fact that there will be some consequences to your actions, you will never be convicted of the offense and can apply to have your records SEALED IMMEDIATELY.
For more information of Sealing your record, please visit our ________________ page.

Benefits of a Cahill Disposition

The major benefits of a Cahill Disposition is that while their are consequences, they are substantially less than if you are convicted of a Second Offense OUI.
  • You will NOT be found guilty of an OUI / DUI.
  • There is no Jail time in a Cahill Disposition, whereas if you are convicted you face mandatory jail time.

Consequences of a Cahill Disposition

  • Cahill Disposition - A Second Offender Alternative Disposition, also known as a Cahill Disposition is another matter entirely. This outcome is available to a very narrow set of 2nd offenders.  Specifically a Defendant must have 10 years since his or her last OUI offense.
    • Suspension of Massachusetts Drivers license for 2 years (with possible hardship license).
    • NOT being found Guilty.
    • Being Placed on Probation for a period of 2 years (at a cost of 1560).
    • The monetary costs to each individual vary substantially as the interlock and Inpatient program are both privately funded.
    • Entrance and completion of an INPATIENT Drug and Alcohol Education Program for a period of 14 days.
    • Installation of an Ignition Interlock on your vehicle upon license restoration for a period of 3 years.

Phone - (617) 906 - 1867
Email - Kyle.Mastro@gmail.com