Commonwealth v. R.W. – Dedham DC (Foxboro State Police)

Charge(s) – OUI, Marked Lanes Violation, Negligent Operation of Motor Vehicle Result: OUI – Not Guilty Client was involved in a car crash but was unable to provide specifics as to how the crash occurred. Client was crying uncontrollably and stated she did not want to get in trouble. While speaking with the client the officer detected a slight to moderate odor of alcoholic beverage coming from her. Client stated she had one beer when asked and also verified that she was only 20 years old. Officers administered a series of field sobriety tests. Client had difficulty completing all assessments
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Commonwealth v. M.C. – Dedham DC (Foxboro State Police)

Charge(s) – OUI, Marked Lanes Violation, Seat Belt Violation Result: OUI – Not Guilty Client was stopped after police observed his vehicle to be driving erratically and witnessed multiple marked lanes violations. Officer observed the client’s eyes to be glassy and blood shot and could detect a strong odor of alcohol coming from inside the vehicle. Client stated he had about 5 drinks throughout the evening when asked by the officer. At this point the officer administered a series of field sobriety tests including: the horizontal gaze nystagmus, 9 step walk and turn, and the one leg stand exercise. Client
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Commonwealth v. M.B. – Haverhill DC

Charge(s) – OUI Result: OUI – Not Guilty Client was stopped by police after her vehicle was observed to have crossed over the double solid line three times. Client was crying and on her cell phone when the officer approached the vehicle and stated the vehicle belonged to her father. Officer detected a strong odor of alcohol emanating from the client and observed her eyes to be glassy and blood shot. Client initially stated she had nothing to drink but later admitted to having two drinks earlier in the evening. The officer then administered a series of field sobriety tests.
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Commonwealth v. M.R. – New Bedford DC (New Bedford PD)

Charge(s) – Drug Possession Result: Drug Possession- Dismissed Client was a passenger in a car that was suspected of partaking in a narcotics transaction. A passenger in the client’s vehicle was observed meeting with the operator of a second vehicle. When approached by police, occupants stated they had met up to sell a GPS unit. Upon discovering no narcotics all parties were allowed to leave. Surveillance was maintained on client’s vehicle which was observed to be stopped in a driveway with all three males still inside. Based on observations and the belief that a narcotics transaction had occurred, the officer
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Commonwealth v. D.K. – Dorchester DC (South Boston State Police)

Charge(s) – OUI Result: OUI – Not Guilty Client was stopped by police after having crossed over the yellow divider line multiple times. Officer immediately detected a moderate and distinct odor of an alcoholic beverage emanating from the vehicle. Officer observed the client’s eyes to be glassy and bloodshot and he had difficulty with his movements. During conversation officer also noticed the client was speaking in a slurred and thick-tongue manner. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and was placed under arrest.
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Commonwealth v. M.M. – Brockton DC (Bridgewater PD)

Charge(s) – OUI, Negligent Operation of Motor Vehicle Result: OUI – Docket Police responded to a complaint from a store manager of an unwanted guest. Client’s vehicle was identified by police and was pulled over. Officers approached the vehicle and detected a strong odor of alcoholic beverage emanating from the client and noticed his speech was slurred. Client admitted to having four beers throughout the evening when asked by police. Client was then asked to step out of his vehicle and nearly fell while doing so. Officers conducted a series of field sobriety tests. Client had difficulty completing all assessments
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Commonwealth v. T.Y. – Worcester DC (Millbury State Police)

Charge(s) – OUI, Speeding Result: OUI – Not Guilty- JW Client’s vehicle was stopped by police after observed to be speeding. Officer noticed the client’s eyes to be glassy and bloodshot and he was speaking with slurred speech. Officer also detected a strong odor of alcohol emanating from the vehicle. Client admitted to having consumer 2-3 beers when asked. Officer conducted a series of field sobriety tests. Client failed all but one assessment, but the officer stated he detected a strong odor of alcohol emanating from the client’s breath during the course of the tests. Client was placed under arrest.
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Commonwealth v. P.L. – Dorchester District Court (MA State Police)

Charge(s) –  OUI Result –Not Guilty Client was involved in an accident with a jersey barrier.  Client parked the vehicle in the break down lane after the accident and left the scene. A MBTA worker observed the accident and called the police.  The State police responded to the scene and ran the license plate of the client’s vehicle and waited for the client at the residence.  About 2 hours after the accident, the client appeared at the house and was questioned by the State Police.  The client sustained injuries from the accident and refused to submit to Field Sobriety tests
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Commonwealth v. M.L. – Hingham District Court (Scituate Police)

Charge(s) –  OUI Result –Not Guilty Client was involved in motor vehicle accident with a stone wall.  Police arrived and interviewed the client and asked client a few questions.  Client was evaluated by EMS and was cleared.  The officer then administered a one leg stand and 9 step walk and turn test, which the client could not perform according to the officer. Upon being questioned on cross examination, the officer acknowledged that the client was very distraught and upset while conducting the tests and this may have affected the client’s ability to perform the tests.   The officer also acknowledged that
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Commonwealth v. A.A. – Ayer MA District Court

Charge(s) –  OUI Result –Not Guilty Client was followed by a civilian who testified at trial that the client was operating erratically.  The officer claimed to have seen the client driving in an erratic manner as well.  The officer testified that once he stopped the client, he observed the usual indicia of alcohol, including a strong odor of alcohol.  The officer told the jury that the client failed the field sobriety tests miserably. The civilian and the officer were questioned about their observations and both differed dramatically.  Specifically, the officer was caught not being truthful about his observations of the
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Commonwealth v. K.D. – Concord MA District Court

Charge(s) –  OUI Result –Not Guilty Client was stopped for speeding and braking quickly.  Upon the officer activating his lights the client stopped at a red light and when the light turned green she turned right and stopped in the nearest parking lot.  The officer during his testimony portrayed to the jury that the client failed to stop.  The officer approached the client and she denied consuming alcohol, but as the officer took her information and returned to the cruiser, client exited the vehicle and told the officer that she consumed 2 beers.  The client was asked to perform only
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Commonwealth v. T.R. – Hingham District Court (Norwell Police)

Charge(s) –  OUI Result –Not Guilty Client was stopped for committing a marked lanes violation.  Client was approached by the officer and observed the usual indicia of alcohol.  The client had made a few wrong turns trying to get home.  Upon being asked by the officer to perform field sobriety tests, the client told the officer that he suffered from a stroke.  The officer did not ask any further questions about the stroke or how it affected him and simply rolled into performing the Field Sobriety Tests. Atty Milligan cross examined the officer on a number of issues including his
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Commonwealth v. D.R. – Boston Municipal Court (State Police)

Charge(s) –  OUI Result –Not Guilty Trooper testified that the client was speeding approximately 70-75 miles per hour on Storrow Drive and was delayed in stopping once the trooper activated his lights.  Trooper said the client had an odor of alcohol, red glassy eyes and slurred speech.  Client was asked to exit his vehicle and perform Field Sobriety tests.  The trooper testified that the client failed miserably on the tests. Atty Milligan offered a video of the areas where the trooper says the client was speeding.  If true, the client would have crashed into the tunnel on Storrow Drive.  Further,
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Commonwealth v. J.M. – Brockton MA (State Police)

Charge(s) –  OUI Result –Not Guilty Client was stopped at a Sobriety Checkpoint.  Based upon one of the troopers smelling alcohol, client was sent into a secondary screening area (Called the “Pit”).  Once inside the Pit area the client was administered Field Sobriety tests.  After the Field Sobriety tests the client was placed under arrest. On cross-examination from Atty. Milligan, the trooper acknowledged that prior to the Field Sobriety Tests he did not think the client was OUI.  The arrest was based merely on the performance on the tests.  After some questioning on basic concepts about the tests, the trooper
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Commonwealth v. S.A.C. – Wareham MA (Middleboro Police)

Charge(s) –  OUI Result –Not Guilty Client was 19 at the time of the arrest.  Client was involved in a single motor vehicle accident.  As the client was entering a rotary she was cutoff by another vehicle and was forced off the road down an embankment and into some trees.  When the police arrived client had already encountered one police officer who asked to get her license.  She complied and was inside the vehicle when another officer approached and asked her some further questions.  The officer observed and odor of alcohol but the client denied having anything to drink.  Client
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Commonwealth v. J.K.G – Hingham District Court (State Police)

Charge(s) –  OUI Result –Not Guilty Client was stopped for weaving between marked lanes.  When signaled by the officer he stopped in the left most travel lane and had to be directed to the breakdown lane.  Client was asked to produce license and registration, which was done with no difficulty.  Based upon conversation with the trooper, he observed the client to have a strong odor of alcohol, red glassy eyes and slurred speech.  Based upon their conversation the client apparently missed the exit.  The client refused to perform field exercises. On cross examination, the trooper acknowledged that client’s wife was
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Commonwealth v. G.L. – Worcester District Court (State Police)

Charge(s) –  OUI Result –Not Guilty Client was stopped for failure to stay in the marked lanes.  Client was observed to exhibit the usual indicia of alcohol consumption that officer observe, that is, an odor of alcohol, red glassy eyes and slurred speech.  The client was able to produce license and registration.  Client was asked to exit the vehicle to perform some field sobriety tests.  Client agreed and exited the vehicle.  Client was asked to perform the walk and turn and one leg stand test.  Client failed to perform them to the officer’s satisfaction. Trooper was cross-examined about the finer
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Commonwealth v. P.A. – Hingham District Court (Hingham Police)

Charge(s) –  OUI Result –Not Guilty Client was involved in a minor motor vehicle accident, but the fuel tank on the vehicle punctured.  Client exited the vehicle as quickly as possible.  The police arrived and questioned the client about the accident and observed an odor of alcohol, red glassy eyes and client speech to be slurred.  Client was asked to perform certain field sobriety tests and client could not complete the tests. On cross-examination of the officer it was shown that at no time did the officer ask the client if she was ok from the accident or anything about
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Commonwealth v. J.P. – Worcester MA

Charge(s) –  OUI  Result –Not Guilty Client was stopped for crossing over into the oncoming lane on a few occasions.  The police observed this and stopped the client.  The officer observed the client to have an odor of alcohol, red glassy eyes and slurred speech.  Although, the Client’s second language was English.  The officer asked the client to exit the vehicle where further field sobriety tests were performed.  The client did not do well on these exercises. On cross examination of the officers they admitted that the client did have difficulty understanding the instruction so they demonstrated certain portions of
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Commonwealth v. R.S. – Dedham MA (State Police)

Charge(s) –  OUI  Result –Not Guilty Client was stopped at a State Police Sobriety Checkpoint.  Client was directed to a secondary screening area called the “Pit” because one of the troopers smelled alcohol on the client’s breath.  Once the client entered the “Pit” another trooper approached and asked client to perform field sobriety tests.  Client performed a 9 step walk and turn and a one leg stand exercise.  These are common standardized tests used by the State Police and other police departments.  Client performed very well on the tests.  Despite how well the client performed the trooper placed the client
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Commonwealth v. D.L. – Fall River District Court (New Bedford Police)

Charge(s) –  OUI Result –Not Guilty Client was out on his boat with some friends.  While the client fell asleep, the two friends swan into shore without the client realizing it.  When the client awoke he panicked and called out a “mayday” to the Coast Guard.  The New Bedford police Marine unit responded as well.  When the marine police arrived they observed the client heading for some rocks and searching the waters for the friends.  The police observed a Slight odor of alcohol.  The client secured his boat and went aboard the police boat.  The police noticed he was slightly
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Commonwealth v. C.T. – Boston Municipal Court (State Police)

Charge(s) –  OUI Result –Not Guilty The Client was observed taking an erratic turn coming out of the South Boston Tunnels.  The trooper observed the usual indicia of alcohol upon his approach.  The client’s girlfriend was also inside the vehicle and was able to provide her account of the evening as well.  The trooper asked the client to perform a few of the standardized field sobriety tests like the 9 step walk and turn and one leg stand.  The trooper testified that the client was nearly falling over at various points. During cross examination, the trooper was questioned about how
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Commonwealth v. C.H. – Hingham Mass (Hingham Police)

Charge(s) –  OUI Result –  Not Guilty The client was stopped for going through a red light. The officer activated his lights and stopped the client.  The officer approached and asked for license and registration.  The officer smelled an odor of alcohol, red glassy eyes and the client to exhibit slurred speech.  Based upon these observations the officer asked the client to recite the alphabet two times.  On both occasions the client recited the alphabet quickly.  The officer then asked the client to exit the vehicle. Client exited and the officer observed client to be unsteady.  The officer asked client
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Commonwealth v. K.A. – Quincy District Court (Braintree Police)

Charge(s) –  OUI Result –Not Guilty Client was stopped for going through a red light and for speeding over the course of 1 ½ miles.  The officer observed an odor of alcohol, red glassy eyes and the client to exhibit slurred speech.  Based upon these common indicators of consuming alcohol the client was asked to exit his car.  The client complied and was asked to perform some field sobriety tests. At the conclusion of the tests the officer arrested the client. The Client and some friends testified at the trial and provided a detailed account of the evening and the
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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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