May 19, 2012

Massachusetts Drunk Driving Defense Attorney

Commonwealth v. J.B. – Dedham District Court (2011) – Brookline Police OUI DWI

Charge:  Operating under the Influence of Alcohol (2nd Offense)

Result:  Not Guilty

Client was observed by a Brookline police officer travelling without his headlights on and after following for about 3 minutes observed the vehicle pull into a “Bus Only” turn lane and take a right hand turn on a red light where turning on red was prohibited.  Client stopped his vehicle for the police and was inquired of by the officer. The officer observed an odor of alcohol, slurred speech and his eyes to be bloodshot/red/glassy.

As a result the officer asked the client to perform field sobriety tests.  The three tests performed were the one leg stand, the walk and turn and the alphabet from “c to y.”  The officer testified that the client performed horribly on the tests at one point on the one leg stand fell into the arms of another officer standing by.

[Read more...]

Commonwealth v. J.P. – Roxbury District Court (2011) – State Police OUI DWI

Charge:  Operating under the Influence of Alcohol (2nd Offense)

Result:  Not Guilty

Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on.  As a result the trooper stopped the client and made inquiry.  During initial contact the trooper observed the client to have an odor of alcohol, slurred speech and red/glassy eyes.  As a result, the trooper requested the client to exit his motor vehicle and perform field sobriety tests.  The trooper administered 3 field sobriety tests and concluded that the client was under the influence of alcohol.  The client elected to take a breath test a blew a .12 (.08 being legal limit)

At trial, through cross examination and presentation of defense witnesses it was revealed that this trooper makes a lot of OUI arrests and competes every year for an award for making the most OUI arrests for the State Police.  It was also revealed that the trooper’s assessment of the performance on the field tests was not accurate.  Specifically, the client testified that he performed a field sobriety test that the trooper did not mention in his testimony or report.  Also, the client had a cleff lip which makes him speak with a slur that was not noted by the trooper.  Moreover, it was revealed that the trooper did not follow necessary procedures in administering the breath test to the client.

[Read more...]

Commonwealth v. D.G. – Lynn Drunk Driving Charges (2011) – Marblehead

Charge: Operating under the Influence of Alcohol

Result: Dismissed

Client was seen standing on a sidewalk next to a restaurant/bar fumbling with her purse and as she crossed the street the officer noted that she had a slight swagger.  Based upon these observation he made contact with the client as she entered her motor vehicle.  The officer noted that the headlights were on and the window was down when he engaged the client in conversation from his cruiser on the opposite side of the street.  The officer noted that the client’s eyes were bloodshot and glassy and told her to remain parked.  He reversed direction of his cruiser and pulled in behind client.  The officer upon approach noted the keys were in the center console.  Client was asked to exit vehicle and she refused to exit asking the officer repeatedly why.  Shortly thereafter,  two police officers physically removed client from the vehicle and she was placed under arrest.  At the station, while he told the officers she had not driven the vehicle she elected tot take a breath test and failed with a reading of a .13.

The ADA handling the case was a true professional and prior to trial conceded that she could not prove that the vehicle was ever operated by the client and candidly would be a waste of government resources to impanel a jury and hold witnesses for a two day trial where operation was an element that the government could not prove.  A motion to dismiss was filed and allowed by the court prior to trial based upon the agreed upon facts; thus the case was dismissed.

[Read more...]

Commonwealth v. J.G. – Westboro OUI DWI (2011) – State Police

Charge:  Operating under the Influence of Alcohol

Result:  Not Guilty

Client encountered a State Police Sobriety checkpoint and was diverted from the flow of traffic in the “pit” or screening area.  A State Trooper conducted a series of Field Sobriety tests, but the only tests that were admitted at the trial were te walk and turn test and the one legged stand.  Trooper drafted a candid, succinct police report wherein the client completed these tests with very little difficulty.  While the Trooper had probable cause to arrest the client given the evidence at trial it was insufficient to convict him of operating under the influence of alcohol and was acquitted.  After the trial, the Court allowed a motion to return his license.

[Read more...]

Commonwealth v. J.P. – Roxbury District Court (2011) – State Police

Charge: Operating under the Influence of Alcohol (2nd Offense)

Result: Not Guilty

Client was observed by a Massachusetts State trooper operating his motor vehicle without its headlights on.  As a result the trooper stopped the client and made inquiry.  During initial contact the trooper observed the client to have an odor of alcohol, slurred speech and red/glassy eyes.  As a result, the trooper requested the client to exit his motor vehicle and perform field sobriety tests.  The trooper administered 3 field sobriety tests and concluded that the client was under the influence of alcohol.  The client elected to take a breath test a blew a .12 (.08 being legal limit)

At trial, through cross examination and presentation of defense witnesses it was revealed that this trooper makes a lot of OUI arrests and competes every year for an award for making the most OUI arrests for the State Police.  It was also revealed that the trooper’s assessment of the performance on the field tests was not accurate.  Specifically, the client testified that he performed a field sobriety test that the trooper did not mention in his testimony or report.  Also, the client had a cleff lip which makes him speak with a slur that was not noted by the trooper.  Moreover, it was revealed that the trooper did not follow necessary procedures in administering the breath test to the client.

[Read more...]

Commonwealth v. M.L. (Boston Municipal Court OUI) Boston Police

Charge: Operating motor vehicle under the influence of alcohol

Result: Not Guilty

Client was observed by a security officer to be stumbling down the street.  The security officer observed client for about five minutes when he observed him enter his motor vehicle.  Security officer followed client in his own motor vehicle and observed client commit some marked lane violation nearly striking some parked cars.  Security officer called his friend, a Boston police officer, who was working in the same area to come to his location to observe the vehicle.

The Boston police officer arrived and observed the client  travel for a short period of time on the wrong side of the road and then nearly strike some vehicles.  Officer activated his lights and client stopped.  After a brief encounter inside the vehicle, the officer observed the client to have extremely bloodshot eyes and slurred speech. [Read more...]

Commonwealth v. S.M. (Plymouth District Court-2011) Hanson MA Police

Charge:  Operating under the Influence of Alcohol

Result:  Not Guilty

Client was involved in an accident where his vehicles ONSTAR system called the police.  Apparently the person in front of him stopped short for an animal in the road and the client rear-ended the other vehicle.  The civilian testified that the client looked dazed but did not notice any indicia of alcohol consumption like slurred speech or an odor of alcohol.  Both parties pulled over to a nearby gas station  and the police had responded at the that moment.

The police officer made contact with the client on the passenger side of the truck and asked if he was driving.  Client admitted to driving.  The client’s airbag had deployed and he was a dazed as a result which made him unsteady on his feet as noted by the officer.  The client told the officer that he “fucked up.”  The officer asked him if he had been drinking to which the client replied that he had 6 beers over a five-hour period.  The officer asked him to take field sobriety tests and the client refused to take the tests.  Client also refused to take the breath test. [Read more...]

Commonwealth v. D.C. (Worcester District Court-2011) Blackstone, MA Police

Charge:  Operating under the Influence of Alcohol & Negligent Operation of MV

Result:  NG on both Charges

Client was observed in the town of Blackstone by a police officer make an abrupt skidding stop for no apparent reason and then pull into a parking lot where the offier was stationary.  Client pulled out of parking lot with no problem and the officer pursued him into Warwick, RI.  The officer followed the client in Warwick, RI for about 3 miles.  He observed the client nearly striking parked motor vehicle and making wide turns on a few occasions.  The client eventually went back into Blackstone where the officer immediately stopped the vehicle.

Within 10 seconds the officer had the client out of the vehicle performing field sobriety tests.  The officer did not have a good memory of the performance on the field tests.  After the Field sobriety tests he was placed under arrest.  The client was audio and videotaped at the booking procedure.  The client refused to take the breath test.  On the video the client admitted to consuming over 10 beers but the officer did not provide the client with his Miranda Warnings so the statement was excluded at trial. [Read more...]

Commonwealth v. R.L. (Lynn District Court) – Massachusetts State Police

Charge:  Operating under the Influence 2nd Offense

Result:  Not Guilty

Client was stopped by a Massachusetts State Trooper for marked lanes violation.  The trooper asked for his license and registration.  The Trooper observed an odor coming from client’s breath, his eyes were bloodshot and glassy and his speech was slurred.  Trooper asked the client to exit his truck and perform field sobriety tests, the one legged stand and the 9 step walk and turn.  The client did not perform well on the one legged stand but performed real well on the 9 step walk and turn.  After cross examination, it was revealed that the client performed many other tasks without any difficulty like producing his license and registration, exiting his motor vehicle fine and balancing and walking fine at all other points during the investigation.  Client was also very cooperative with the police and answered all of their questions at booking with no problems.

[Read more...]

Commonwealth v. P.H (Plymouth District Court) 2011 – Kingston MA Police Department

Charge: Operating under the influence and Negligent Operation of MV

Result: Dismissed

Client was involved in a motor vehicle accident in Kingston, Massachusetts.  Police arrived and found the client outside of his motor vehicle with a female.  Client was bleeding from his head.  Client denied he was driving the motor vehicle although the female told the police that the client was driving.  Client was not arrested and was transported to the hospital where blood was drawn for medical purposes.  It yielded an alcohol content well above the legal limit.

The government was unable to prove that client was operating the motor vehicle at the time of the accident.

[Read more...]

Commonwealth v. K.H. – Plymouth District Court (Plympton MA Police Department)

Charge:            OUI-First Offense

Result:            Not Guilty, May 2010

Client stopped for speeding during a winter storm.   Plympton police Roadway was snow covered and slick strong odor eyes glassy and bloodshot admission to drinking  finger to nose exited vehicle slowly, one leg stand and walk and turn did not complete, refused BT.

Trial snow conditions were an issue casting doubt on validity of tests and the passenger girlfriend was sober and testified on his behalf that he was not impaired by alcohol.

[Read more...]

Commonwealth v. S.Y. – Wrentham Distric Court (Norfolk MA Police Department)

Charge: OUI- First Offense

Result: Not Guilty, November 2010

Client stopped for speeding 71 in a 50.  Pulled over with no problems.  Produced his license and registration with no problems.  Client admitted to consuming 8 beers, ut the officer did not ask over what time period he had consumed those beers.  Client asked to step from car and di so without any issues with balance.  Client was administered 4 field sobriety tests, however othe Horizontal Gaze Nystagmus (HGN) test was excluded prior to trial.  Other tests included the One legged Stand, the Finger to Nose Test and a 9 Step Walk and Turn.  Client could not get through One leg stand without putting foot down on 2 occasions, client did ok on Finger to Nose touching his nose with the middle of his finger not the tip of his finger as instructed and on the walk and turn test he completed 17 out of the 18 steps as instructed. [Read more...]

Commonwealth v. D.S. – Brighton District Court (Boston Police Department)

Charge: OUI-First Offense

Result: Dismissed, November 2010

Client was involved in a motor vehicle accident after a vehicle came into her lane of travel forcing her to collide with a parked motor vehicle.  A concerned citizen assisted the client out of the motor vehicle and called the police.  When the police arrived the client was outside of the motor vehicle.  The police report was silent as to any conversation that occurred between the client and the police.  The officer observed the client to be unsteady on her feet and have slurred speech and placed her under arrest.  At the station, field sobriety tests were administered and she failed although the report did not elaborate on how she failed to perform the tests.

Also, she elected to take a breath test with a .10 reading, .02 above the legal limit.  At trial the civilian witness was unable to appear, as such the Government could not prove that the client actually was operating the motor vehicle as the civilian was the only person who observed her driving and the police apparently did not conduct any follow up investigation with the client, therefore, the case was Dismissed. [Read more...]

Commonwealth v. R.M. – Cambridge District Court

Charge:           OUI-First Offense

Result:            Not Guilty

Client was pulled over on Route 2 in Cambridge by a Massachusetts State Trooper for speeding.  The Trooper observed the client to show signs of being impaired by alcohol and as a result asked the client to exit his car.  The client refused to get out of his car (Unless you are placed under arrest there is no obligation to get out of your car).  The Trooper after several requests proceeded to CUT OUT the client’s seat belt and physically assisted the client from exiting the car. Client refused to take the breath test. [Read more...]

Commonwealth v. E.K – Cambridge District Court

Charge:           OUI-First Offense

Result:            Case Dismissed

Client was at a work function and had consumed a reasonable amount of alcohol and was driving numerous people home when she was pulled over.  Client had witnesses to confirm her whereabouts and alcohol consumption.

On the trial date the government witnesses did not appear and the case was dismissed.

[Read more...]

Commonwealth v. E.D – Quincy District Court

Charge:          OUI-Second Offense

Result:           Not Guilty

Weymouth police responded to a call alleging the client left the scene of an accident.  Witnesses observed the client’s vehicle scrape the other vehicle at the restaurant and got the registration of the motor vehicle.  The client lived just around the corner from the restaurant.  They knocked on the door and his wife let the Weymouth Police into the home.  They engaged the client in conversation noticing an odor of alcohol and problems with his speech.

The Weymouth Police asked the client to perform Field Sobriety Tests in his pajamas and slippers and it was extremely cold outside.  Also, the client showed concern that his son was watching him perform the tests.  The client had witnesses to confirm his whereabouts the entire day and how much alcohol he consumed.  All of them testified on the client’s behalf and contributed to the Not Guilty finding. [Read more...]

Commonwealth v. R.M. – Hingham District Court

Charge:           OUI-First Offense

Result:            Not Guilty

Client was on his Harley Davidson motorcycle in Rockland and was traveling well in excess of the speed limit and had apparently traveled through a red light in the process.  The officer activated his lights and noticed the client was unsteady on his feet and he put the bike on its stand.  The client produced his license and registration with no problems but the officer observed the client to have red/glassy eyes and problems with his speech.  The client did not perform well on the field tests but was able to provide reasonable explanations as to why he could not pass the field tests.  Additionally, the client provided witnesses to confirm his whereabouts and how much alcohol he consumed. Client refused to take the breath test. [Read more...]

Commonwealth v. P.S. – Plymouth District Court

Charge:           OUI-First Offense

Result:             Dismissed

Client was pulled over in Halifax for going through a redlight and committing a marked lane violation.  The client pulled over with no problem.  The officer approached the client and made some observations consistent with alcohol.  The Halifax officer asked the client to perform some field sobriety tests, which he performed reasonably well.  Client refused to take the breath test.

At trial, the government was unable to proceed resulting in a dismissal.  Client had no record .

[Read more...]

Commonwealth v. S.B. – Hingham District Court

Charge:          OUI-3rd Offense

Result:           Not Guilty

Client was stopped at a Massachusetts Sobriety Checkpoint in Hingham.  The screening State Trooper observed an open container in the vehicle and the passenger appeared to be intoxicated.  The client was asked to perform Field Sobriety Tests and performed extremely well on the tests.  Nevertheless, the client was placed under arrest for OUI and having an Open Container in his vehicle.  The Client refused to take the breath test. [Read more...]

Commonwealth v. P.H – Quincy District Court

Charge:           OUI-Fourth Offense

Result:             Not Guilty

Client was stopped by the Weymouth Police for marked lanes violations.  The Weymouth police officer asked for a license and registration which he produced with no difficulty.   The officer asked him to perform field sobriety tests which he did not complete to the officer satisfaction.  The client refused to take the breath test.

At trial, through cross examination that the client actually did fairly well on the Field Sobriety Tests and showed mental acuity.

[Read more...]

Commonwealth v. D.V. – Attleboro District Court

Charge:           OUI-Second Offense

Result:             Case Dismissed

Client was stopped by a Massachusetts State Police Officer for weaving and nearly hitting a jersey barrier.  The trooper approached and noticed sign of impairment.  The client failed the Field Sobriety Tests and was placed under arrest.  Client refused to take the breath test.

At trial the government was unable to proceed on the trial date, thus the case was dismissed.

[Read more...]

Commonwealth v. K.A, – Northhampton District Court

Charge:          OUI-First Offense

Result:           NOT GUILTY

Massachusetts State Police arrested this client for Operating under the Influence of Alcohol.  This was a Mother coming from a St. Patrick’s Day celebration.  She consumed a responsible amount of alcohol and was upset regarding some family matters as she was speeding.  She pulled her vehicle over close the travel lane, but she was driving a large unfamiliar truck.

After being stopped, she was cooperative with the Trooper.  The Trooper observed that she had difficulty producing the Registration, but the vehicle was not hers.  The Trooper noted an odor of alcohol, that her eyes were glassy/red/bloodshot and that she had slurred thick tongued speech. [Read more...]

Commonwealth v. J.B – Waltham District Court

Charge:          OUI-3rd offense

Result:           Not Guilty

Waltham police officers observed the client speed through an intersection and pull into a larking lot.  The officers had a conversation with the client and observed a strong odor of alcohol, slurred speech and noted a condition about his eyes.  The client was administered FST’s but the client had a lot of physical issues that prevented him from performing the tests.  The client refused the breath test.  After a Jury-Trial the client was found Not Guilty. [Read more...]

Commonwealth v. T.P – Lawrence District Court

Charge:          OUI-Second Offense

Result:           Not Guilty

Client was arrested by the Massachusetts State Police on Route 93 North.  The client was observed by a civilian swerving and called the State Police.  The State Trooper observed the client swerving as he entered a work zone.  The State Trooper activated his lights and the client pulled over.

The trooper observed an odor of alcohol, slurred speech and red/glassy eyes.  The client was asked to exit his truck and perform Field Sobriety Tests.  The client was asked to perform two tests the One Leg Stand and the 9 Step Walk and Turn.  The client did not do well on either by his own admission. [Read more...]

Commonwealth v. J.M. – Plymouth District Court

Charge:           OUI-First Offense

Result:            Dismissal

Client was stopped for marked lanes violations.  The Marshfield police officer observed the client’s speech to be slurred, his eyes to be red and bloodshot and a strong odor of alcohol.  The client elected to perform field sobriety tests and did not  do well.

The government elected not to proceed to trial for reasons that were kept internal.  Either way the client was a very happy person. [Read more...]

Commonwealth v. D.B. – Brockton District Court

Charge:          OUI –First Offense

Result:             Not Guilty

Client was driving in a snowstorm and lost control of his vehicle.  The Abington Police arrived and observed the client near the vehicle.  The police engaged the client in conversation to determine where he was coming from and how the accident occurred.  The police observed the client to be unsteady on his feet, have an odor of alcohol and his speech was slurred.  The client refused to take Field Sobriety Tests.  The police provided photos that were inconsistent with their own account of how the accident happened. [Read more...]

Commonwealth v. J.A. – Newburyport District Court

Charge:          OUI Drugs & OUI 3rd offense.

Result:           OUI Drugs – Dismissed;

OUI 3rd offense reduced to a 2nd Offense.

This client was stopped for speeding by a Massachusetts State Trooper.  After approaching this client the trooper observed an odor of alcohol, red/glassy/bloodshot eyes and slurred speech.  The trooper was concerned for his safety and asked the client to exit the motor vehicle.  Based upon what the trooper called “erratic behavior” the client was placed under arrest for Operating Under the Influence of Drugs and Operating Under the Influence of Alcohol.

At the State Police Barracks, the police called in a “Drug Recognition Expert” from Rowley Police Department to perform an examination to determine what drug the client had consumed.  After the examination the officer determined that the client was under the influence of a drug.  However, upon examination of a urine sample, there were no drugs in the client’s system. [Read more...]

Commonwealth v. M.S. – Edgartown District Court

Charge:           OUI-First Offense

Result:            Not Guilty

Client was working on Martha’s Vineyard for the simmer.   Client was stopped for crossing marked lanes and taking a wide turn.  The entire incident was caught on a dash-mounted video camera in the cruiser.  The client pulled over with no difficulty,  The officer made some observations consistent with alcohol consumption.  The officer asked the client to perform Field Sobriety Tests.  On the video, the client performed reasonably well on the tests.  The client elected to take the breath test and blew a reading above a .08.  At trial, the officer responsible for the breath test was not available at trial, thus the breath test was not admitted into evidence. [Read more...]

Commonwealth v. M.B. – Haverhill District Court

Charge:          OUI-First Offense

Result:           Not Guilty

A Massachusetts State Trooper was part of a saturation patrol for a roadblock.  The client was coming from his niece’s first birthday where he consumed four beers over almost four hours.  Client had several witnesses including his partner to verify his account.

On the way home the trooper observed the client’s vehicles and his partner’s vehicle (traveling behind him) commit several marked lanes violations.  The trooper activated his light to stop his partner, not the client.  The trooper approached the client and administered Field Sobriety Tests, which he could not complete.  The client was extremely nervous and has problems with his knees which prevented him from completing the Field Sobriety Tests. As an aside his partner had the same amount of alcohol and passed the Field Sobriety Tests.  The client refused the breath test. [Read more...]

Commonwealth v. S.K – Plymouth District Court

Charge:           OUI-First Offense

Result:            Not Guilty

Client was working the third shift and after work went a friend’s house and consumed a few beers.  As he was exiting route 3 at exit 12 in Marshfield the vehicle he was driving slid off the ramp into the median.  The vehicle got stuck in the snow.  A Massachusetts State Trooper responded to the scene to investigate.  The client took field sobriety tests on the side of a ramp in loafers that were filled with snow from when he got of the vehicle in a snowbank.

[Read more...]

Commonwealth v. R.H – Brockton District Court

Charge:          OUI-First Offense

Result:           Case Dismissed after Motion to Dismiss

Client was stopped at a Massachusetts State Police Sobriety Checkpoint in Bridgewater.  The client was coming from a Patriots game and was on his motorcycle.  The client was asked to perform Field Sobriety Tests, which he did not complete.  The client was placed under arrest and elected to take the breath test and registered a sample above a .08.

The Motion was allowed because the State Police failed to follow their own regulations. [Read more...]

Commonwealth v. L.M – Ayer District Court

Charge:           OUI/Child Endangerment

Result:            Not Guilty

Client was a mother of two and coming from a holiday neighborhood party.  She drove her babysitter home.  In route she took a wide right hand turn, crossing briefly into the oncoming lane.  The officer activated his lights and the client pulled into the apartment complex.  The babysitter went to her apartment as her mother watched the officer engage the client in conversation.  The client was asked to perform field sobriety tests and she did not complete them to the satisfaction of the officer.  The officer testified that the parking lot was well lit and a flat level surface.  The client was arrested and elected to take the breath test with a result of a .13.

At trial, the officer was confronted with photographs of the parking lot clearly showing that it was far from level.  Also, the overhead lighting he indicated was present was non-existent.  No to mention the fact that the client performed the tests in her bare feet in about 32 degree weather.  As far as the breath test, the government was unable to introduce the breath test due to the unavailability of a necessary witness. [Read more...]

Commonwealth v. S.M. – Dorchester District Court

Charge:           OUI-First Offense

Result:             Not Guilty

Client was stopped at a Massachusetts State Police roadblock on Gallivan Boulevard in Dorchester.  The Trooper sent the client to a location known as the “pit area” to perform field sobriety tests.  Despite doing reasonably well on the tests he was placed under arrest.  Client refused to take the breath test. [Read more...]

Commonwealth v. W.S. – Quincy District Court

Charge:           OUI-First Offense

Result:            Case Dismissed after Motion to Dismiss

Client was stopped at a Massachusetts State Police Sobriety Checkpoint at Quincy Shore Boulevard in Quincy. The client was asked to perform Field Sobriety Tests, which he performed reasonably well under the nerve racking circumstances.

The Motion was allowed because the State Police failed to follow their own regulations. [Read more...]

Commonwealth v. F.T. – Great Barrington District Court

Charge:           OUI-Third Offense/Leaving the Scene after causing property Damage

Result:            Not Guilty

Client was accused of crashing his brand new pickup truck into a dealership lot cuasing approximately 95,000 in damage to other vehicles in the lot.  A Sheffield police officer had observed the damage to the vehicles and from there the investigation began.  The truck was registered to Mr, T, so they responded to his residence and asked him about his truck.  He had indicated that he left it a friend’s business.  Client indicated that he left the truck at the business and from there went out drinking with his father and a friend.  It was common for the client to leave the keys in his truck.  His father has driven him home. Thus someone must have taken his truck.

Prior to this incident a Great Barrington police officer observed a man walking on the side of the road in the area of the accident about one hour before the accident was discovered by the Sheffield police officer.  The Great Barrington Officer indicated that the person was wearing jeans and a dark hooded sweatshirt.  The client admitted to wearing similar clothing and the police found a set of keys to the truck inside the home.  The police also observed a bruise on his shoulder consistent with seatbelt bruising from an accident and a cut on his lip.  Thus the police opined that he must have been driving the truck and caused the accident. The defendant refused to take the breath test and was not offered field sobriety tests, which did not matter because everyone agreed that he was impaired by alcohol.

At trial, the police admitted that they really did not look inside the truck or around the truck to see if another set of keys was inside the vehicle.  Also, the set of clothing did not have any blood or airbag residue on them or at least the police did not look.  More importantly, the cut on his lip was a cold soar that was documented through medical records.  Also, the bruise on his should was from carrying lumber on his shoulder as he was a carpenter.  At trial, the client’s father, friend and wife testified that while he was drunk, he never drove that truck home. The jury agreed.

BERKSHIRE COUNTY OUI DUI DWI DEFENSE LAWYER

Berkshire County drunk driving defense lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI throughout Massachusetts including Barnstable County, Bristol County, Essex County, Middlesex County, Norfolk County, Plymouth County, Suffolk County, and Worcester County. If you have been charged with drunk driving DUI DWI OUI in Massachusetts, contact Attorney Milligan for a Free Case Evaluation.

Commonwealth v. E.S – Somerville District Court

Charge:           OUI-First Offense

Result:            Not Guilty

Client was stopped by a Massachusetts State Trooper on Rt. 93 South in Somerville.  The client pulled over on a ramp.  The State Trooper approached and asked for his license and registration, which he produced with no issues.  The Trooper asked him to exit his car to perform Field Sobriety Tests.  The client performed the tests and elected to take a breath test which yielded a reading above a .08.

At trial, the Trooper got caught in some inconsistent statements, which the jury was left to question.  This case is a perfect example of how you can beat a breath test.  The trooper demonstrated very limited knowledge about the breath test and how it worked.  As such the jury could not find that the machine was reliable and scientifically accurate. [Read more...]