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DISTRICT ATTORNEY
NORTHWESTERN DISTRICT

ONE GLEASON PLAZA NORTHAMPTON, MASSACHUSETTS 01060

DAVID E. SULLIVAN
DISTRICT ATTORNEY

TEL 1413) 586 - 9225

FAX 1413) 584 - 3635

WWW.NORTHWESTERNDISTRICTATTORNEY.ORG

February 12, 2013 Larry Kelley amherstas@aol. corn Amherst, MA RE: Public Record Request VIA E-MAIL Dear Mr. Kelley: In response to your Public Records request for information on the disposition of Operating Under the Influence complaints filed by the Amherst Police Department in 2012, the following statistics are offered: TOTAL 155 OUI CASES DISPOSITIONS

CWOF DISMISSED FOUND GUILTY PLEAD GUILTY NOLLE PROS SED NOT GUILTY OPEN CASES WARRANTS

90 3 1 8 10 2 38 3

A Disposition of a Continuation without a Finding (CWOF) is tantamount to a conviction in Operating Under the Influence of Alcohol Cases as a person who has obtained a CWOF will be charged as a second or subsequent offender in the event of a later arrest for OUI. G. L. c. 90,

24(1)(a)(1). For the 114 cases brought by the Amherst Police Department that have been completed (i.e. those that are not designated as Open Cases or Warrant cases), the conviction rate is 87 percent. Please be advised that the estimated cost to the Northwestern District Attorney's Office for compiling these figures for you is $40.38. However, the District Attorney directed that we not seek a fee in this instance. Should you request further information, please let us know and we can provide an estimate of the cost for search and segregation of this information.

Sincerely yours,

Cynthia M. Pepyne Assistant District Attorney Enc.