Commonwealth v. B.H. – Hingham MA (Rockland Police)

Charge(s) –  OUI and Negligent operation of a motor vehicle Result – OUI – Not Guilty Client was involved in a motor vehicle accident where he rear-ended another vehicle while eating.  Police arrived and began an investigation.  The officer observed the client to have and odor of alcohol, red glassy eyes and his speech to be slurred.  The officer observed the client to have trouble with his balance at times.  At one point, the officer testified that the client dropped items from his wallet on the ground and stumbled backwards when he attempted to retrieve the items.  The officer administered
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Commonwealth v. B.P. – Peabody District Court (Peabody Police)

Charge(s) –  OUI Result –Not Guilty The client was stopped for committing a marked lanes violation around 3 a.m..  The officer inquired of the client about drinking and admitted that he had consumed alcohol earlier in the evening.  The officer made observations about the client and asked him to perform Field Sobriety tests. The officer first asked the client to recite the Alphabet and the client could not perform it.  Client was asked to exit the vehicle and perform more tests, one of them was the Alphabet again and the client passed to test on this occasion.  The client was
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Commonwealth v. J.B. – Quincy MA (Quincy Police)

Charge(s) – OUI and Leaving the scene after Causing Property Damage Result: OUI-Not Guilty Client was alleged to have struck a telephone pole near his home. Police followed a trail of liquid from the vehicle to the house. There they encountered the client who was found to be revving the engine in an attempt to pull the vehicle into a garage. The client was asked about the accident. The officer observed an odor of alcohol, red glassy eyes and the client’s speech to be slurred. There were no field sobriety tests admitted at the trial. After cross-examination, many of the
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Commonwealth v. D.N – Dedham District Court (2012) – Quincy OUI DUI DWI Lawyer

Charge:   Operating Under the Influence in Quincy MA Result:  Not Guilty on OUI Client drove into a Sobriety Checkpoint.  Client was observed to have an odor of alcohol and was sent into the parking lot for further screening.  The trooper asked client to exit the vehicle and perform 2 field tests: 1) One Leg stand (completed to 30 seconds at a count of 24 but used arms for balance) and 2) 9 Step Walk and Turn  (client went 16 steps out and then came back 17 steps) Client was arrested and refused to submit to breath test. At trial, client
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Commonwealth v. E.H. – Dedham District Court (2012) – DUI OUI Attorneys

Charge:   Operating Under the Influence (OUI DUI) in Dedham MA Result:  Not Guilty on OUI Client drove into a Sobriety Checkpoint.  Client was observed to have an odor of alcohol and was sent into the parking lot for further screening.  The trooper asked client to exit the vehicle and perform 2 field tests: 1) One Leg stand (completed to 30 seconds but used arms for balance) and 2) Alphabet test from D-T (Client said D-N then jumbled letters).  Client was arrested and submitted to the breath test with a reading of .09. At trial, the breath test was called into
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Commonwealth v. C.N. – Quincy District Court (2012) – Weymouth DUI OUI Attorneys

Charge:   Operating Under the Influence (OUI DUI) in Weymouth MA Result:  Not Guilty on OUI Weymouth MA police were dispatched to a motor vehicle accident where they observed the client outside of her car.  The officer approached and observed an odor of alcohol, red/glassy and bloodshot eyes, unsteady and a slight slur to his speech.  The officer asked client to perform field tests: 1) Count backward from 47-31(counted 47 -30 without flaw); 2) The 9 step walk and turn (performed reasonable well); 3) One Leg stand (got to 7-8 and almost fell over); and 4) Alphabet test from A-Z (Passed). 
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Commonwealth v. L.M. – Dedham District Court (2012) – Dover MA DUI OUI Lawyers

Charge:   Operating Under the Influence/A & B on a Police Officer (2 Counts)/ Disorderly Conduct in Dover MA Result:  Not Guilty on all Counts Client was observed speeding and crossing over marked lanes on a rural road in Dover, Massachusetts.  Client was stopped and observed an odor of alcohol, red/glassy and bloodshot eyes and slurred speech.  The Dover officer indicated in his report that client was belligerent and uncooperative.  The officer also attributed several statement to the client that were never made as well as field tests that were never done with the client.  The officer asked client to exit
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Commonwealth v. B.C. – Barnstable District Court (2012) – Yarmouth MA OUI DUI Lawyers

Charge:   Operating Under the Influence (OUI DUI) in Yarmouth MA Result:  Not Guilty on OUI Yarmouth MA police were dispatched to a disabled motor vehicle.  Upon arrival they observed client’s vehicle with damage to it consistent with striking a nearby telephone pole.  Police searched the area and found client outside of a nearby restaurant/bar.  Client was identified and admitted that his vehicle was on the side of the road.  Client was administered field tests and did not perform well on the tests. At trial, the issue was whether the government could show that client was under the influence of alcohol
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Commonwealth v. R.V. – Eastern Hampshire District Court (2012) – Amherst MA OUI DUI Lawyers

Charge:   Operating Under the Influence in Amherst MA Result:  Dismissal on OUI Client was observed speeding and crossing over marked lanes.  Client was stopped and observed an odor of alcohol, red/glassy and bloodshot eyes and a slight slur to his speech.  The Amherst, MA officer asked client to exit the vehicle and perform 4 field tests: 1) The horizontal gaze nystagmus test (Not admissible in court); 2) The 9 step walk and turn (performed well on this test); 3) One Leg stand (completed to 30 seconds but used arms for balance and miscounted on 2 occasions); and 4) Alphabet test
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Commonwealth v. I.A. – Framingham District Court (2012) – Sherborn MA OUI DUI Attorney

Charge:   Operating Under the Influence in Sherborn MA Result:  Not Guilty Client’s vehicle was observed to be disabled on the side of the road.  The Sherborn police officer stopped his cruiser behind the client and the client approached and told the officer that AAA was in route because he had a flat tire.  Officer says he smelled an odor of an alcoholic beverage and asked the client about drinking.  Client responded that he had 3 glasses of wine and was coming from a local restaurant.  Client was asked to perform field tests and according to the officer was not able
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Commonwealth v. J.M. – Boston Municipal Court (2012) – MA State Police OUI DUI Charges

Charge:   Operating Under the Influence in Boston MA Result:  Dismissed Client was observed by a civilian in downtown Boston to have struck a jersey barrier.  Civilian took the keys from client and called the police.  The police responded and observed client outside of the vehicle.  Massachusetts State Trooper arrested client with no field tests because of her level of intoxication. Client was charged with OUI by the MA state police. At trial, the civilian did not appear, therefore, the government could not prove the client was operating the vehicle so the case was dismissed.
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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. 
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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
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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
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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
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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
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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
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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
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Commonwealth v. D.C. (Worcester District Court-2011) Blackstone, MA Police

Charge:  Operating under the Influence of Alcohol & Negligent Operation of MV Result:  Not Guilty 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
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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
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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
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Commonwealth v. K.H. – Plymouth District Court (Plympton MA Police Department)

Charge:            OUI-First Offense Result:            Not Guilty 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.
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Commonwealth v. S.Y. – Wrentham Distric Court (Norfolk MA Police Department)

Charge: OUI- First Offense Result: Not Guilty 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
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Commonwealth v. D.S. – Brighton District Court (Boston Police Department)

Charge: OUI-First Offense Result: Dismissed 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
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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.
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