Not Guilty and Dismissal Results from my Defense Practice

What happens when I represent a citizen charged with drunk driving? The best way to explain it may be to use illustrations from actual cases I have had previously. I've had a lot of success beating OUI charges in courts across the state. I've also been able to help people get with their hardship licenses, especially in tricky cases with multiple prior offenses.

I can't guarantee that I'll win you case - no lawyer can. But I've been able to achieve some remarkable results in cases that initially looked very bad for the defendant.

The following are some of the OUI cases in which I've been able to win dismissals, not guilty verdicts in jury or bench trials, or had a client treated as a lesser offense.

As you can see, I've been at this a while, and beaten cases in many different courts. There is a good chance that among these cases is one that sounds similar to yours.

Again, every case is different, and there are no guarantees, but there is often good reason to fight OUI cases because they absolutely can be won.

2012 OUI Cases

November - Boston Municipal District Court

Charge: OUI 4th Offense

Result: Charge Reduced to Second Offense

Our client came to us after being arrested for a 4th offense OUI. Our client a 46 yr. old business man was pulled over and deemed by the police too intoxicated to participate in the field sobriety tests.

He was taken to the hospital for observation and after he was released he was arrested for his forth OUI.

July - Wrentham District Court

Charge: OUI Fifth Offense

Result: Charge Reduced to Second Offense

Client, a 49-year-old mother, was charged with a 5th Offense OUI, after driving around a roadblock. She faced a possible mandatory minimum sentence of 2 years in jail for a fifth offense charge.

A lengthy investigation by attorney Fasoldt showed that Client did not have as many priors as the government alleged. Accordingly, she had her case reduced to a 2nd offense.

June - Westboro District Court

Charge: OUI first offense

Result: Case Dismissed

A client was charged with OUI-Liquor based on an arrest that occurred at a sobriety checkpoint on Route 9 in Westboro, Massachusetts. On his behalf, I filed a motion to suppress the motor vehicle stop. This motion was based on evidence that the police did not comply with the law as it pertains to executing constitutionally permissible roadblocks.

The motion to suppress was allowed and as a result, my client’s case was dismissed. The dismissal resulted in the OUI being removed from his driving record and kept his criminal record clean of any conviction.

April - Concord District Court

Charge: OUI first offense, Breath Test Result: .17%

Result: Not Guilty, Jury Trial

Description: Client, a 41-year-old laborer who spoke limited English, was parked in the entrance-way of a church parking lot, asleep inside. The key was in the ignition, but the engine was off. Additionally, there were no lights on inside the car.

He was approached by 5 local police officers and removed from the car. He displayed all the signs of alcohol impairment - strong odor of alcohol, bloodshot eyes, slurred speech. He admitted to drinking two beers after work. He submitted to a breath test, the results of which were .17, over twice the legal limit.

The primary issue at trial was whether he was "operating" the car. The definition of "operation" in Massachusetts is not defendant-friendly. Nevertheless, after two hours of deliberation, he was found Not Guilty.

March - Framingham District Court

Charge: OUI

Result: Not Guilty, Jury Trial

Description: A state trooper pulled our client, a 31 year old male, over after observing him traveling 30 mph in a 50 mph zone, weaving in and out of the lane and running a stop sign. The trooper detecting the smell of alcohol on our client’s person and his breath asked him to step out of his car so that he could perform some field sobriety tests.

The trooper asked our client to perform six different field sobriety tests and our client failed each one. Our client was taken into custody and asked to take the Breathalyzer, which he refused.

February - Ayer District Court

Charge: OUI 2nd Offense, Resisting Arrest

Result: Not Guilty on both counts

Client, a 50-year-old male, was stopped in his silver convertible sports car because the officer "estimated" client's speed to be too fast. At trial, the officer testified that my client's eyes were extremely bloodshot, his speech was thick-tongued, and he had a very stong odor of an alcoholic beverage coming from his breath.

My client admitted to playing golf with his brothers and having two beers after the match. After being taken out of the car, my client was accused of "raising his arms to the police" and pulling away from them.

At trial, my client testified that the facts stated by the police were largely incorrect. In addition, my client's brother and girlfriend testified.

February - Ayer District Court

Charge: OUI, 1st Offense

Result: Dismissed (after Motion to Suppress was allowed)

Client, a 44-year-old woman, was stopped for speeding and crossing the marked lanes. After making contact with my client, the officer held my client at the roadside and called for back-up.

The officer DID NOT observed bloodshot eyes, slurred speech, or an odor of alcohol. However, the officer who arrived on the scene observed all such signs. My client failed all the FSTs.

A Motion to Suppress the exit order was Allowed; the judge held that my client should have simply been given a ticket and released as the first officer did not have probable cause to have my client taken out of the car.

January - Wrentham District Court

Charge: OUI

Result: Not Guilty, Bench Trial

Description: Our client a 48 year old man, upon leaving a concert in Foxboro, was pulled over for driving without his headlights on. The officer, after smelling a strong odor of alcohol asked our client if he had been drinking and he replied that he had a few at the concert.

The officer continued to ask questions and noticed that our client was slurring his speech and had glassy eyes. The officer asked our client to step out of his car and noted that our client was unsteady on his feet.

The officer then arrested our client. Our client refused the breath test and the field sobriety test.

January - Quincy District Court

Charge: OUI

Result: Not Guilty

Our client a 23 year old man was stopped at a sobriety checkpoint. The first officer who approached him instructed him to drive to the ‘pit’ area to be reviewed by another officer due to our client’s admission of drinking and the odor of alcohol coming for the vehicle.

Our client was asked to perform the Alphabet Test, the One Leg Stand Test and the 9 Step Walk and Turn Test. Our client failed two out of the three. Our client also took the Preliminary Breath Test where he blew a .125 which is over the legal limit. Our client was taken into custody and at the police station he refused another breath test.

2011 OUI Cases

Sept - New Bedford District Court

OUI

Result: Not Guilty, Jury Trial

Description: Responding to a call of a van travelling the wrong way down a one way street, officers observed a van parked in a lot where our client, a 21 year old college student was with two other people. The officers engaged our client and the two others, noticing that our client was unstable on his feet, leaning on the van with his head down and was speaking with an extremely slurry voice.

During the course of the conversation the officers were having with our client and the two others, our client slid to the ground and hit his chin. Due to the strong smell of alcohol coming from our client the officers took him into protective custody and then to the hospital for the cuts on his chin. After our client was taken away the two other people identified our client as the driver of the van.

Officers later found a damaged light pole and the license plate of the van registered to our client in a ditch near the pole. The two officers then went back to the two people they spoke with who confirmed our client was drinking earlier and then drove the van.

Our client was charged with an OUI, Operating to Endanger and Leaving the Scene of an Accident.

Sept - Taunton District Court

OUI with Accident

Result: Dismissed

Our client, a 37 year old woman was involved in a car accident. Police arrived on scene and saw our client leaning against a car that was damaged in the accident.

The office approached our client and questioned her about the accident; our client claimed she did not know what happened. The officer asked if she had been drinking and our client said that she had a couple of drinks.

The officer reported that he detected a strong smell of alcohol and that our client’s speech was slurred. The officer asked our client to perform 3 field sobriety tests and it was noted that our client only passed one. The officer arrested our client and took her back to the station where she refused the breath test.

July - Woburn District Court

OUI - 2nd Offense

Result: Not Guilty at Jury Trial

Our client was pulled over on the side of the highway close to an on-ramp and did not have his hazard lights on. As the officer approached the vehicle he noticed that our client was hunched over the steering wheel, sleeping.

The officer tried several times to wake our client from the passenger window but was unsuccessful. He walked over to the driver’s window, which was down and was able to shake our client awake.

The officer stated that our client’s eyes were red, bloodshot and glassy and there was a strong odor of alcohol coming from the vehicle. As the officer asked our client questions he appeared to be confused and was unable to answer any of the questions correctly.

The officer asked our client to step out of the vehicle and perform some field sobriety tests. Our client was given 4 tests and the officer stated that he passed two of the four tests. The officer arrested our client.

June - Fall River District Court

OUI - 2nd Offense

Result: Found not Guilty at Jury Trial

Our client, a woman, was stopped by officers because her truck matched a description of the vehicle of two males who had created a disturbance at a restaurant. The officer let her go, since she didn't match the initial description.

At the restaurant, a witness, a retired Police Chief, said the female was one of the parties involved. Another officer stopped the vehicle again and questioned the woman further.

The officer detected a strong odor of alcohol and then proceeded to give her 3 Field Sobriety Tests. The officers stated she failed the Horizontal Gaze Nystagmus test, but passed the Alphabet and Counting Backward test. She refused to take any more tests after that and was arrested. The client resisted arrest and started kicking and punching the officers.

June - Westfield District Court

OUI

Result: Dismissed

Description: Client, a 34-year-old male, was pulled over in the Town of Southwick for weaving and crossing over the marked lanes. Client’s driving was otherwise good; no speeding, stopped at stop signs, used turn signal, etc. The officer followed him for 2 miles before deciding to pull him over.

Client displayed usual signs of impairment (slurred speech, red eyes, odor of alcohol). A friend in the front passenger seat was visibly intoxicated. Client admitted to consuming one beer prior to driving.

He told the officer that he was driving his friend home from the bar because his friend was getting into fights. Client did well on the 4 field sobriety tests (Alphabet Test, 9-step walk and turn, One Leg Stand, and Finger-to-Nose). In addition, a booking video showed client acting normally.

At trial, the ADA agreed to dismiss the OUI if client would agree to a CWOF the Negligent Operation charge. Client agreed.

May - Peabody District Court

Charge: Third Offense OUI

Result: Treated as 2nd Offense, no jail time.

Our client stopped at a pizza place, where of the employees called the police about our client alleged drunk driving. While an officer was enroute, there was a call about an accident. Our client's truck was parked on someone’s lawn, and there was evidence that the car had hit a telephone phone. There several inches snow on the ground with tire tracks from the telephone pole to the truck.

As the officer approached the truck, he notices two children in the back seat of the vehicle who were crying. The officer asked the driver to step out of the vehicle and performed 4 field sobriety test, our client failed all 4 tests. Our client was then arrested.

A third offense OUI conviction has mandatory jail time. A judge reduced the charges from a third offense to a second offense, which kept our client out of jail.

May - Palmer District Court

OUI

Result: OUI Charge Dismissed

Client, a 65-year-old woman, was pulled over for driving without her headlights. She spoke with slurred speech, was slow and lethargic, had a slight odor of alcohol coming from her breath. When she stepped from the car she was unsteady on her feet. The client admitted to drinking 1 glass of wine 5 hours earlier. The officer took this to mean that client was impaired by alcohol.

As it happened, client is a diabetic who had suffered severe head trauma 2 years ago when she fell at home. Due to the accident, her speech was permanently affected, as was her short-term memory and balance. The officer assumed that she was impaired by alcohol, when in fact she was impaired by her everyday medical condition.

The commonwealth recognized that client was not impaired by alcohol, so they decided to dismiss the charge.

May - Haverhill District Court

Charge OUI Third Offense, OUI Drugs

Result: Third Offense OUI Alcohol Charge reduced to 2^nd offense, no jail; OUI-drugs, dismissed

Client, a 39-year-old man with severe alcoholism who had served time in jail previously, was stopped in a parking lot in Haverhill after almost side-swiping several cars on the road. Just prior to that, he was seen by several civilians swerving all over the road. After being taken out of the vehicle he was barely able to stand. Seeing that it was a medical emergency, client was taken to hospital.

His blood was drawn, the results of which showed that his blood alcohol level was 0.41. In many cases, people die when their blood alcohol level is that high. A search of client’s car yielded 4 empty pints of vodka. Client was also charged with OUI-drugs after police believed that he had taken some prescription medicine along with the alcohol.

Initially, the Commonwealth insisted on seeking a lengthy jail sentence. Their case on the OUI was strong. Fortunately for client, the prior offenses were weak. On the date we were to select a trial, the Commonwealth agreed to reduce the charge to a second offense.

May - Boston Municipal District Court - Central

OUI-2^nd Offense

Result: Case Dismissed

Client, a 43-year-old male, was charged with OUI in 1989. Client was stopped on the Central Artery by the Metro District Police. Client subsequently moved out of state to because of a job. Unfortunately, he did so without resolving his OUI case. A warrant was issued. Twenty-two years later Client was unable to renew his license due to the Massachusetts warrant.

Several times before client flew back east, we reached out to the Commonwealth in an effort to determine what evidence still existed. The reason for contacting the DA’s office so many times was to ensure that client only had to return to Boston one time. Interestingly, neither the roadway nor the police department is still in existence; the roadway was torn down and moved underground during the Big Dig, and the Metro Police merged with the State Police. As it happened, the arresting officer was still employed by the State Police, but he had no independent recollection of the event. In addition, there was no police report.

In June, 2011 Client returned to Massachusetts to answer to the warrant and the 22-year-old OUI charge. The case was Nol Pross’d which is similar to a dismissal, in that the Commonwealth states that they will not prosecute the case.

April – Taunton District Court

OUI, Second Offense

Result: Jury Trial - Not Guilty

The officer observed the vehicle to cross over the center lines and breakdown lane on several occasions. The officer stopped the vehicle, he noted that he could detect a moderate odor of an alcoholic beverage coming from our client, he also notes that our clients eyes were bloodshot and glassy.

The officer asked if our client had had anything to drink that night. Our client stated that he had 1 glass of alcohol and had taken a sleeping pill before he had left his friend house to drive home. The officer asked that our client step out of the vehicle and perform some field sobriety tests. Our client told the officer that he was out on disability due to a back injury. The officer asked if he would still be willing to take the tests, taking into account our clients injuries.

Our client agreed to the tests. The officer asked our client to perform 2 field sobriety tests, saying he failed both tests, noting that our client was “swaying in a circular motion as if he was the Tin Man from the Wizard of Oz.”

The officer arrested our client and noted that while transporting our client back to the station, it filled up with a moderate odor of alcohol that was not present before our client was put in the vehicle. A jury found our client not guilty.

April – Concord District Court

OUI, 4th Offense

Result: Jury Trial - Not Guilty

Officers responded to a motor vehicle accident. Our client had pulled into a driveway and a pregnant woman rear-ended his vehicle, because he had not fully pulled the vehicle all the way into the driveway.

The officers arrived at the scene and began asking questions to all parties involved. Upon speaking to our client, the officer noted a strong odor of alcohol coming from our client. The officer also notes that our client was unsteady on his feet , his eyes were bloodshot and glassy and his speech was slow and slurred. The officer asked our client to perform some field sobriety tests. Our client admitted to having a pin in his knee so the officer only had our client perform 2 field sobriety tests, which the officer said he failed both tests.

While doing an inventory search of the vehicle, the officer noted that there were 2 beer cans in the back seat of our clients vehicle as well as an unopened can of the same beer near the vehicle.

April – Eastern Hampshire (Belchertown) District Court

OUI, First Offense

Result: Charge Dismissed

An officer stopped our client for speeding. He claimed she was traveling 41 MPG in a posted 25 MPH zone. While the officer was speaking to our client, he said he detected a moderate odor of alcohol coming from her breath.

Our client admitted to having a few glasses of wine while at her sister’s house. The officer then noted that her eyes were very glassy. The officer asked our client if she would be willing to take a few field sobriety tests and the officer noted that as she exited the vehicle she was unsteady on her feet. The officer had her take 3 field sobriety test and said she failed all three.

She was brought back to the station and took the breath test which resulted in a .12.

We filed a motion to suppress the vehicle stop, stating that where she was clocked on radar was close to a 40 MPH posted speed limit, and the radar location was not accurate enough to identify the exact location, and it not accurate to within 1 mph. Therefore the officer had no legitimate reason to pull her over.

February – Boston Municipal District Court

4th Offense OUI - Jury Trial

Result: Not Guilty

Our client was out for New Years Eve on Lansdowne Street, after leaving the parking garage he went the wrong way down the one way street and after realizing that he was going the wrong way he attempted to make a u-turn, almost hit the curb and ended up stalling his car.

The officers, who were out on the street, attempted to stop our client by standing in front and behind the vehicle, but our client was able to start his car and proceed in the right direction toward one of the officers.

The officers stepped out of the way and hit the passenger side window with his radio. Our client proceeded down the street and around the corner where he encountered traffic. The officers ran up to the vehicle and pulled our client out and arrested him. The officers stated our client had bloodshot and glassy eyes and smelled of a strong odor of alcohol.

February – Waltham District Court

First Offense OUI - Jury Trial

Result: Not Guilty

Our client was involved in a car accident. While the officer was speaking with our client he noted an odor of alcohol coming from him, his speech was slurred, his eyes were red and glassy and he was slightly unsteady on his feet. Our client was given four field sobriety tests, which the officer said he passed one of the four.

January – Newburyport District Court

Second Offense OUI - Jury Trial

Result: Not Guilty

Our client was speeding on the highway; radar showed he was going 90 MPH on a posted 65 MPH zone. The Trooper attempted to pull our client over; only he pulled over into the breakdown lane and continued to drive at a slow rate of speed for about some time before eventually pulling over.

When asked for his license and registration, our client cannot produce his license. The Trooper stated that our clients speech was slurred and was had slurred speech as well as bloodshot and glassy eyes. The Trooper ask about a particular marking on our clients out of state license, and he states that it was because he had had previous OUI. The Trooper asked our client to perform 4 Field Sobriety Tests and he is only able to pass one of the four.

2010 OUI Cases

December 2010 – Westboro District Court

First Offense OUI - Bench Trial

Result: Not Guilty

Our client was stopped at a sobriety check point. When the Troopers approached our client they said they smelled an odor of alcohol and she had glassy eyes. The troopers stated that while speaking to our client, her speech was slurred. Our client was able to successfully complete all 4 field sobriety tests given to her.

November 2010 – Worcester District Court

First Offense OUI - Drugs (Cocaine)

Result: Charges Dismissed

Our client was stopped on Route 290 West at 11:30pm. The trooper said that she was swerving. When he approached the car, our client seemed nervous and jittery. She also spoke about random subjects without being asked.

In the front passenger seat the trooper noticed “cut straws and tinfoil,” which he thought was consistent with drug use. He made our client get out of the car while he searched it. During the search he recovered two bags of cocaine. Also, a prescription bottle of Oxycontin pills was recovered in her purse. She admitted to having taken her prescription earlier in the day.

Our client was arrested for OUI-drugs and possession of cocaine. On the way back to the barracks our client was asked about her drug use that evening. She told the trooper that she had used some cocaine about two hours earlier and that she had purchased it from someone in Fitchburg. However, when she was questioned she had not been read her Miranda rights.

At the barracks, our client was given a lengthy Drug Recognition Evaluation by a Drug Recognition Expert. The DRE determined that out client was under the influence of a Narcotic Analgesic (Oxycontin). Whenever a DRE is done on a person the evaluator must prepare a report of the evaluation.

In this case, the evaluation was not provided to us. In fact, we requested it on 3 separate occasions. We moved to have the DRE evaluation suppressed based on lack of compliance by the government. The judge agreed and he suppressed the DRE evaluation.

In addition, we filed a Motion to Suppress the statements, arguing that they should be suppressed because they were obtained unconstitutionally when she was “expressly questioned without having been read her Miranda rights.” The judge agreed with our argument and suppressed the statements.

Not having enough evidence to go forward to trial, the Commonwealth moved to dismiss the OUI-drugs charge, which the court granted. Case dismissed.

November 2010 – Newburyport District Court

First Offense OUI

Result: Jury Trial - Found Not Guilty

Officers reported to a call of an unknown female knocking on the back door of a residence. When officers arrived a newspaper delivery person reported to the officer that there was an unknown male passed out by the front of his vehicle.

After officers tried repeatedly to awaken our client, they called medical personnel. Officers stated they could smell alcohol coming from our client. EMS transported our client to the hospital where he was subsequently Med-flighted to another larger hospital.

There were two people questioned at the scene who admitted to being in the car at the time of the accident, a third person who was questioned later. All three people stated that our client was driving at the time of the accident. At the hospital, blood was taken from our client and his blood alcohol was found to be a .20. A jury found our client Not Guilty.

November 2010 – Westfield District Court

3rd Offense OUI

Result: Treated as a 2nd Offense - No Jail Time

Our client was in a single car accident with no injuries. As the Trooper was speaking with our client he said he immediately detected a strong odor of an alcoholic beverage coming from her breath. He states that our clients eyes were bloodshot and glassy and she had slurred speech.

The Trooper asked our client to perform several Field Sobriety Tests and our client agreed to take them however she did state to the Trooper that she had had knee surgery within the last 2 years and showed the Trooper her scar. The Trooper continued on with the tests and stated that she failed all three tests. The Trooper proceeded to arrest our client.

As the Trooper was putting our client into the car she asked him how much money he wanted. The Trooper asked our client if she was bribing him and she stated “Yes”. He then informed her again that she was under arrest and she stated “Not before you call it in”. She was subsequently arrested.

We were able to work out a deal in this case which treated our client as a second offender and we were able to keep her out of jail.

October 2010 – Plymouth District Court

Operating on Suspended License after an OUI

Result: No Jail Time

Our client was driving down the highway and the Trooper stopped our client for speeding, he was going 79 MPH in a 60 MPH zone. Our client did not have his license with him and when the Trooper ran his background check he found his license had been suspended for multiple OUI’s.

We were able to get the Operating After a Suspension due to OUI (which carries a mandatory 60 jail sentence) reduced to just Operating after Suspension, therefore keeping our client out of jail.

August 2010 – Peabody District Court

Third Offense OUI

Result: Third Offense treated as First Offense

The Trooper pulled out client over for swerving several times as he drove. When the Trooper went to ask for our clients License and Registration he stated that he immediately detected a strong odor of an alcoholic beverage coming from the vehicle and that our clients eyes were bloodshot and glassy.

The Trooper also stated that his speech was extremely thick tongued and slurred. The trooper noted a handicap placard hanging from the mirror of the vehicle and when asked about it, our client stated that he had a bad back and had just had back surgery recently. The trooper stated our client failed all 4 of the Field Sobriety tests administered to him and was subsequently arrested.

We were able to get the charges reduced from a third offense to a first offense and our client avoided jail time.

August 2010 – Framingham District Court

First Offense OUI

Result: Case Dismissed

Our client was then directed to the screening area where he agreed to take a battery of field sobriety tests and a breath test.

Our client failed three out of five field sobriety tests and blew a .09 on the breath test. Our client was then placed under arrest.

We were able to get our client’s case dismissed. The client was extremely happy, and gave me some fancy microbrewed beer as a gift.

July 2010 – Worcester District Court

First Offense OUI

Result: Case Dismissed

The police officer observed our client’s car stopped between lanes with front end damage. When the officer questioned our client, he noted that our client appeared very unsteady on his feet, swayed back and forth nearly falling, and his speech was difficult to understand.

When the officer asked our client if he had anything to drink, he replied he had 3 -5 beers. The officer asked if our client would be willing to submit to a battery of field sobriety tests. Our client agreed. Our client failed all field sobriety tests.

July 2010 – Pittsfield District Court

First Offense OUI

Result: Jury Trial – Not Guilty

The police were notified to be on the lookout for a vehicle operating erratically. They discovered the vehicle parked in a driveway with a blown out tire and damage to the rim.

When the officer questioned our client, the officer stated he detected a moderate odor of alcohol on our client, and that our client had red glassy eyes, very slurred speech and appeared unsteady on his feet.

When the officer asked our client if he had been drinking, our client stated he had one or two beers. The officer asked our client if he would take a battery of field sobriety tests to which our client agreed.

The officer administered the 9-Step Walk and Turn, One Leg Stand, Finger to Nose and the Alphabet Tests. Our client failed all four field sobriety tests.

The officer placed our client under arrest and brought him down to the police station where he agreed to take a breath test. Our client blew a .21.

July 2010 – Brighton District Court

1st Offense OUI

Result: Case Dismissed

Our client was stopped at a Sobriety Checkpoint. The trooper stated he smelled an odor of alcohol when our client rolled down his window. The trooper also stated that he observed our client had red glassy eyes.

When the trooper asked our client if he had been drinking, our client stated he had one drink earlier. The trooper noted as our client answered, his speech was thick tongued. The trooper directed our client to the screening area where he was given five field sobriety tests.

Our client failed three of the five field sobriety tests. He was arrested and brought back to the station.

July 2010 – Peabody District Court

3rd Offense OUI

Result: Third Offense Down to First Offense

Our client was pulled over for swerving out of his lane twice and almost causing an accident. When the officer approached our client’s vehicle, the officer stated that he detected a strong odor of alcohol and that our client’s eyes appeared bloodshot and glassy.

The officer then asked our client for his license and registration. Our client had trouble locating his license and produced two credit cards before producing his license. The officer also noted that as he was questioning our client, our client’s speech was slurred and thick tongued. The officer asked our client if he would perform a battery of field sobriety tests to which he agreed. Our client failed all of the field sobriety tests.

Our client was arrested and brought back to the station where he took the Breath Test and blew a .16.

We were able to work out a deal where our client pled down from a third offense OUI to a first offense OUI, and we were able to keep him out of jail.

June 2010 – Wareham District Court

4th Offense OUI

Result: 4th Offense Reduced Down to a 3rd Offense

Our client was observed by the officer traveling at a high rate of speed and almost strike the vehicle in front of him as he approached it. The vehicle was doing 40 MPH in a posted 15 MPH zone.

The officer than activated his lights and pulled the vehicle over. As the officer was stepping out of the vehicle he noticed the reverse lights come on and the car began to slowly back in the police cruiser’s bumper. The officer turned on his siren and our client put the car in park.

The officer asked our client to perform 3 Field Sobriety Test and said our client failed all three. Our client was arrested and brought back to the station where he failed the breath test.

We were able to get our client treated as a Third Offender. He only had to serve a mandatory 5 months in a house of corrections rather than a year, which is the mandatory term for a 4th offense OUI conviction.

June 2010 – Plymouth District Court

3rd Offense OUI

Result: 3rd Offense Reduced Down to 2nd Offense

Our client was observed by the officer as making an illegal U-turn and pull into the parking lot of a store. The officer observed that our clients eyes were bloodshot and glassy and that there was a strong odor of alcohol coming from him. Our client had also appeared to have urinated on himself. The officer also noted that our client’s speech was extremely slurred and thick tongued.

We were able to get the charges reduced from a third offense to a second offense and our client avoided jail time.

May - Lowell District Court

Second Offense OUI Charge

Result: Not Guilty (Bench Trial)

Our client was stopped at a sobriety checkpoint. While speaking with the Trooper, our client was unable to keep his vehicle stopped. The Trooper to ask him to pull over and perform a few tests because he couldn’t keep the car stopped and he smelled like a strong odor of alcohol. Our client admitted to the Trooper that he had consumed 1 drink that night.

The Trooper had our client perform 4 Field Sobriety Tests which the Trooper stated he failed all of them. Once brought to the BAT mobile (Mobile Booking Area), our client refused the breath test.

May - Dorchester District Court

First Offense OUI Charge

Result: Case Dismissed

As our client approached a sobriety checkpoint, he did not stop for the troopers. According to the troopers, it took several attempts to get him to finally pull his vehicle over.

Based on the trooper’s observations that our client had bloodshot eyes and the strong odor of alcohol, our client was directed to a secondary screening area. As he drove to this area he made an “exaggerated wide turn.”

He was ordered to get out of the car and when he did he was unsteady on his feet. He failed all the field sobriety tests that were given to him. After he was arrested he became belligerent, aggressive, and uncooperative.

Because of his belligerence lack of cooperation, we decided that our client should testify in order to explain why he responded this way. Our client, to his defense, didn’t stop right away because he thought that the troopers were telling him to switch lanes, as he had just pulled out of the Walgreen’s parking lot and into the line of cars.

In addition, he has a bad ankle, which explains the unsteadiness. Also, he became agitated when the Trooper refused to explain the field sobriety test again. In his mind, he was being rushed and bullied, as he was surrounded by 3 intimidating State Troopers.

To properly prepare our client to testify, we put him through several mock direct and cross-examinations, and a simulated trial, where Attorney Fasoldt played the defense attorney and attorney Matson played the role of the prosecutor. These exercises ensured that our client would be fully prepared when he took the stand at the real trial.

The case was ultimately dismissed, without the need for the defendant to testify.

March 2010 - Waltham District Court

First Offense OUI Charge

Result: Found Not Guilty at Trial

Our client was speeding past and officer and as the officer pulled behind our client, the officer noticed the him weave over the double yellow lines a few times. The officer pulled our client over and asked him for his license and registration.

As the officer was speaking with our client he noticed a strong odor of alcohol coming from his breath and that his movements were very lethargic. Our client was able to produce his license but unable to produce his registration.

The officer asked our client to step out of the vehicle and take 4 field sobriety tests. The office stated that our client failed 3 out of the 4 tests.

March 2010 - Quincy District Court

Second Offense OUI Charge

Result: Treated as a First Offense Charge

Our client was pulled over for being on radar going 95 MPH on the highway. The Trooper noted that while speaking with our client that his eyes were red and glassy, there was an odor of alcohol coming from his breath and he was mumbling his words.

The Trooper administered 4 Field Sobriety tests and our client failed 3 of the 4. Our client was then arrested.

We were able to get the charges reduced from a second offense to a First offense.

February 2010 – Quincy District Court

3rd Offense OUI

Result: Treated as a Second Offense - No Jail

While stopped at a red light, a Trooper ran a check on our clients license plate which showed that the car had a failed inspection sticker. When the light turned green the Trooper proceeded to pull our client over. While the Trooper was approaching the car, he noted that he could smell a strong odor of alcohol.

The trooper immediately indicated that our client was visibly intoxicated, with his head bobbing up and down and his eyes were closing as he spoke to the Trooper. The Trooper asked if our client would step out of the vehicle and perform some Field Sobriety Tests.

Our client agreed and the trooper indicated that as he stepped out of the vehicle he was having a difficult time keeping his balance and needed to use the car for support. The Trooper asked our client to perform 3 Field Sobriety Tests and stated that our client failed all three tests. Our client was arrested.

We were able to work out a deal that our client plead down to a second offense and we were able to keep him out of jail.

January 2010 – Woburn District Court

2nd Offense OUI - Jury Trial

Result: Not Guilty

Our client was involved in a multiple motor vehicle crash. When the officers approached our client he stated that he could detect a strong odor of alcohol coming from the vehicle and our client.

While speaking with our client, the officer also noted that our client’s speech sounded think tongued and slurred, as well as, having blood shot and glassy eyes. Also while asking our client about the accident the officer stated that our client was very unsteady on his feet. The officer asked if our client would perform some field sobriety tests to which our client agreed.

The officer asked our client to perform 3 Field Sobriety Tests and said that he failed all three tests. Our client was arrested and brought back to the station.

January 2010 – Leominster District Court

3rd Offense OUI

Result: Case Treated as a 2nd Offense. No jail time.

Someone called the police notifying them that there was an erratic vehicle. The officer caught up with our client and observed the vehicle drift into oncoming lane and then back, then drift over the solid while line to the right. The officer activated his overhead blue lights and stopped our client. The officer requested our client license and registration and noted that our client was slow and lethargic in locating the items, as well as an odor of alcohol coming from inside the vehicle.

The officer asked our client if he had anything to drink recently and he replied that he had had 3 Miller Lite Beers. The officer asked if our client would be willing to submit to some field sobriety tests. Our client agreed and the officer asked him to step out of the vehicle. As our client was stepping out of the vehicle the officer noted that he was unsteady on his feet and was swaying from side to side.

The officer asked our client to perform 5 Field Sobriety tests of which the officer stated he was able to pass 2 of the 5 tests. Our client was brought back to the station where he blew a .12 on the breath test.

A judge treated our client as a second offense rather than a third and our client was able to avoid jail time.

January 2010 – Taunton District Court

1st Offense OUI

Result: Case Dismissed

Our client was stopped at a Sobriety Check Point. As the officer approached and spoke with our client, he noted that our client had blood shot and glassy eyes and there was an odor of alcohol coming from inside the car. Our client told the officer that she only had 2 drinks and that she was fine to drive. Russ Suitcase

The officer had her perform 2 field sobriety tests in heels and our client failed both tests. She was brought to the BAT bus where she was booked and refused to take a breath test.

The client was so thrilled that we were able to get her case dismissed. She had mentioned that my briefcase was looking shabby and the wheels were squeaking so she purchased a new brief case for me.

January 2010 – Orleans District Court

1st Offense OUI - Bench Trial

Result: Not Guilty

The officers were called to the scene because of a domestic dispute. Two males were arguing and being separated by officers. The officers questioned both parties who stated that not only have they been drinking at the local establishments but that they had also been drinking at the campground where they were staying.

The officer then questioned our client about whether he had been driving the car at this time to which our client stated that the car was his and that he had been driving it.

The officer asked our client to perform several field sobriety tests which our client told the officer that he not only wore contact lenses but that he also had an inner ear problem but was not aware whether it would affect the outcome of the tests. The officer had our client perform 4 Field sobriety tests and stated that he had failed all 4.

2009 OUI Cases

November – Dorchester District Court

1st Offense OUI - Jury Trial

Result: Not Guilty

Our client was stopped at a road block. The Troopers asked our client to pull over to the side because his eyes were slightly red and glassy and because his speech appeared to be slurred.

Once he was pulled off into the parking lot the troopers asked him to perform the Alphabet Test, which the troopers stated he misplaced several letters. Our client was then asked to step outside his vehicle and the troopers noted that he was slightly unsteady on his feet and he smelled of an alcoholic beverage.

The Troopers performed the Alphabet test again, the Horizontal Gaze Nystagmus test and the 9-Step Walk and Turn test, which they stated he failed. .

October 2009 – Lawrence District Court

1st Offense OUI Drugs

Result: Judge Overrules Jury for Verdict of Not Guilty

The officer, who was working an undercover operation, had received information that our client would customarily take a lunch break, pick up a female co-worker and would obtain marijuana. The two were seen getting into our clients car and driving off. The officers followed the car as it drove aimlessly around the streets for approximately 15 minutes. The officers noted that the back windows were vented and they could see the occupants passing something around.

The officers claimed that they could smell the distinct odor of burnt marijuana so they proceeded to pull over the car. As the officers approached, he said there was an extremely strong odor of freshly burnt marijuana all around the car.

While speaking with our client, the officer stated that he smelled strongly of marijuana, had reddened and droopy eyes and was unsteady on his feet. The officer had our client perform 3 Field Sobriety Test which he stated our client failed 2 of the 3 tests.

The jury came back with a guilty verdict. We thought their conclusion was wrong on the law.

We filed a Motion for a Required Finding of Not Guilty, and a judge agreed and found our client not guilty.

October – Worcester District Court

1st Offense OUI Drugs

Result: Dismissal

Someone called in an erratic operator on Route 146. The officer spotted our client driving in the high speed lane of the highway and proceeded to follow him. The officer stated that almost immediately our client started to weave between the left and middle lanes as well as the left lane and the edge of the highway.

When the officer activated his lights and siren our client stopped right in the left lane, rather than pulling over to the breakdown lane. When the officer approached the open window of the car, he said he immediately smelled the odor of fresh burnt marijuana. Our client immediately told the officer that he knows that he was weaving and it was because he was texting on his phone.

The officer noted that our client’s eyes were glassy and that despite the flashlight being directly in our clients face, his pupils were dilated. The officer asked our client to step out of the car and noted that he was unsteady on his feet as the officers searched the car.

The officer asked our client to perform 5 Field Sobriety Test, the Horizontal Gaze Nystagmus test, the 9-Step Walk and Turn test, the One Leg Stand test, the finger to Nose test and the Count Silently to yourself test.

October – Framingham District Court

1st Offense OUI Bench Trial
Result: Found Not Guilty

Someone called the police stating that there was a sedan driving the wrong way down Route 9. The officer found a sedan matching the description of the car in the parking lot of a convenience store.

The officer questioned our client if he was the one driving the wrong way down Route 9, our client stated that he had been driving down Route 9 but he was not driving the wrong way. The officer observed our client to have red glassy and bloodshot eyes, slurred speech, he was unsteady on his feet and had a strong odor of alcohol emanating from his breath.

The officer had our client perform three field sobriety tests, the Horizontal Gaze Nystagmus test, the 9-Step Walk and Turn test and the One Leg Stand test. The officer stated that our client failed all three tests and he was arrested.

October – Woburn District Court

2nd Offense OUI Jury Trial
Result: Found Not Guilty

The officer stated that our client failed to stop for a red light and then proceeded to make an illegal left turn through the red light in an attempt to turn around and head in the opposite direction. Our client told the officer that he had just moved here and that he was unfamiliar with the area.

The officer stated that he smelled a strong odor of alcohol and that our client’s eyes were glassy and bloodshot. When asked if our client had anything to drink that day he stated that he had had a few. The officer asked our client to perform some field sobriety tests and our client responded that he would but that he was going to have a hard time because he had bad balance.

The Officer had my client perform the One Leg Stand and the 9-Step Walk and Turn test which he stated our client failed both.

A jury found our client not guilty and a judge reinstated our client’s license.

September 2009 – Concord District Court

First Offense DUI
Result: Dismissal

Our client was initially pulled over for speeding, she was on radar doing 49 MPH in a 35 MPH zone. As the officer was speaking with our client he said he detected a strong odor of alcohol, that he eyes were bloodshot and glassy and that her speech was slurred when she spoke.

Our client admitted that she had only had 2 glasses of wine the entire night. The officer asked our client to step out of the vehicle and perform field sobriety tests. He noted in his report that it was only 25 degrees out that night and our client was wearing high heel boots which she removed to perform the tests.

She performed 3 field sobriety tests in her socks which the officer said she failed all three. Our client was brought back to the station where she took a breath test and blew a .16. A judge dismissed all charges.

September – Newburyport District Court

3rd Offense OUI
Result: Treated as 1st Offense OUI

The officer observed our client traveling in the right, straight only, lane when he abruptly made a left turn without signaling. While the officer was talking to our client he stated that he could detect a very strong odor of alcohol coming from inside the vehicle.

The Officer asked our client to perform some field sobriety tests. Our client replied that he would and as he was stepping out of his car the officer stated that our client lost his balance and grabbed the door for support. The officer also observed him swaying from side to side as he explained the field sobriety tests to our client.

The officer stated that our client failed all his field sobriety tests. Our client was brought back to the station and he refused to take the breath test.

September – Boston Municipal District Court

1st Offense OUI - Bench Trial
Result: Not Guilty

When the office approached our client, he was sitting in a parked car in front of a cashier’s booth. The officer noted that he was bleeding from nose, upper lip and chin. The officers said they could smell a heavy odor of alcohol coming from our client and that he was in a “daze” and spoke with very slow and halting speech.

The officers then asked our client to step out of the car and noted that he was unsteady on his feet and was swaying from side to side. The officers administered four field sobriety tests, the One Leg Stand, the 9 Step Walk and turn, reciting the alphabet and the Horizontal Gaze Nystagmus. The officers stated that he was unable to complete all 4 tests.

When questioned about the incident, my client stated that he was behind the wheel but that he was not the one who was driving. The clerk at the cashier’s booth also stated that our client was not the one who was driving, that another male was driving and had left the car to retrieve money to pay for parking.

After hearing all the facts and several witnesses, a judge found our client not guilty and reinstated our client’s license.

June – Hingham District Court

Second Offense OUI
Result: Treated as First Offense

Our client was observed by the police to be parked in a supermarket parking lot with his head on the steering wheel. As the officer approached our client, our client sat up and left the parking lot driving past the officer. The officer turned his cruiser around and began following our client. The officer stated that our client made his turn out of the supermarket’s parking lot to wide and pulled him over.

As the officer approached the driver’s window he states that he immediately detected a strong odor of alcoholic beverage emanating from inside the vehicle. The officer noted that our clients eyes were bloodshot and glassy and that his speech was slow and slurred. When asked how much our client had to drink, he responded that he had had a few beers at a friend’s house. The officer asked our client to perform some field sobriety tests to which our client agreed.

The officer noted that our client was having difficulty keeping his balance as he walked to the area to perform the field sobriety tests. The officer first performed the Alphabet Test which he stated our client passed. Next the officer then asked our client to perform the Count Backwards test, the 9-Step Walk and Turn test, and the One Leg Stand test which the officer stated our client failed those three.

Our client was brought back to the station and he blew a .20 on the breath test.

We were able to work out a deal so that our client was treated as a First Offender and was able to get his hardship license right away.

May – West Roxbury District Court

Second Offense OUI
Result: Case Dismissed

The officers were called to the scene for a motor vehicle accident where the operator was attempting to flee the scene. When police arrived on scene the witness’ gave a description of the man believed to be the one who caused the accident.

Our client was stopped a few streets away from the accident by officers and questioned about the accident. Our client stated that his truck had been stolen and that he was on his way home. The officers arrested our client. When brought back to the station, our client refused the breath test.

April – Waltham District Court

Second Offense OUI
Result: Treated as a 1st Offender

Someone called in an erratic operator to the police. The officer observed our client take an unexpected right turn without using his turn signal into a bus terminal parking lot with a sign that read “Do Not Enter – Buses and Taxi’s Only”.

As the officer approached he states that he was hit with a strong odor of an alcoholic beverage, our clients eyes were bloodshot and glassy and that he had trouble communicating. The officer asked our client to perform 4 field sobriety which the officer stated that our client failed all of them. When brought back to the station out client refused the breath test.

We were able to get our client treated as a first offender and he was able to get his hardship license right away.

March – Lawrence District Court

Second Offense OUI Jury Trial
Result: Not Guilty

Our client was pulled over for speeding. The officer observed him to have glassy redness in his eyes and that his speech appeared to be delayed and very slow. When asked if he had anything to drink that night our client replied that he had had 4 or 5 alcoholic drinks.

The office asked our client to step out of the vehicle and said that our client was unsteady on his feet. When asked if he had any medical conditions our client did state that he had a sore right leg. The officer had our client perform the Walk and Turn, One leg Stand, Alphabet Test and the Horizontal Gaze Nystagmus, which he stated our client failed all four.

Our client was brought back to the station and refused the breath test. A jury found our client Not Guilty.

March – Westborough District Court

Second Offense OUI Jury Trial
Result: Not Guilty

My client was pulled over for speeding. The officers stated that they would smell a strong odor of alcohol coming from inside the car and asked her to step out to perform Field Sobriety Tests.

My client stated that she did have Hammer Toe, which could affect her balance. The officer’s performed the Horizontal Gaze Nystagmus, the One Leg Stand and the Walk and Turn. The Officer’s claimed that my client failed all of the tests. My client was brought back to the station and refused the breath test.

January – Cambridge District Court

Third Offense OUI
Result: Dismissal

My client was arrested in 1994 and had moved out of state and wanted to clear up this an old OUI charge. Brought the case in front of a judge and the judge dismissed.

January – Dedham District Court

Third Offense Bench Trial
Result: Not Guilty

My client was seen speeding crossing the lanes, failed to stop for a red light and failed to stop at a stop sign. My client pulled into a parking lot and stopped the car and got out and walked toward the officer.

The officer handcuffed my client and said that there was a strong odor of an alcoholic beverage coming from my client and that his speech was slurred. My client was barefoot even though it was cold out. My client was taken to the station and booked and refused to take the Breathalyzer. A judge found my client Not Guilty.

2008 OUI Cases

December – Boston Municipal Court

First Offense Bench Trial
Result: Not Guilty

My client was involved in a minor accident. When the officer arrived he said that he could detect a very strong odor of an alcoholic beverage coming from the car and asked for her license and registration. My client gave the officer her passport because she had lost her license. The officer said that my client’s eyes were very red and glassy.

The officer asked my client to perform the Alphabet, the Horizontal Gaze Nystagmus, and Walk and Turn. My client was arrested and brought back to the station where she refused the breath test. A judge found my client Not Guilty.

November - Dedham District Court

Second Offense - OUI, breath test refused
Bench Trial
Result: Not Guilty, License Reinstated

The police were working a detail for road construction on a two lane road in a local town. The officers had closed down one lane and were directing traffic for the other lane. My client pulled in behind the police cruiser because he thought the road was closed.

The officer walked over to my client and he asked if my client saw the officer waiving at him. My client asked the officer if the road was closed and the officer said no he was trying to direct him down the road but my client could not see because of the flashing lights from the cruisers. The officers asked my client to step out of the vehicle. The officers asked my client to perform some field sobriety tests. He state that my client failed both tests.

At the station my client refused the breath test, which required a 3-year loss of license for a second offense breath test refusal. A judge found my client not guilty and reinstated my client’s license.

October - Boston Municipal District Court

First Offense - OUI Drugs
Bench Trial - Result: Not Guilty

My client was in an accident involving two cars. When officers arrived they tried several times to speak with my client who would not respond and “just sat there looking into space”. The officers removed my client from his vehicle and helped him over to the side of the road. The officers stated that they could not smell any alcohol on my client. They did ask my client if he had taken any drugs and my client responded that he had taken some medication but he could not remember what the name of it was at that time.

The officer stated that he administered two field sobriety tests and my client failed both of them. He was arrested and charged with OUI Drugs. At the station he admitted to the officers that after work he had taken 2 of his prescription pills which we a muscle relaxer. A judge found my client not guilty.

October - Brighton District Court

Second Offense OUI - Breath Test Failure .10
Jury Trial - Result: Not Guilty

The Trooper saw my client run a red light and pulled her over. The trooper stated that my client had bloodshot and glassy eyes and he could smell a strong odor of an alcoholic beverage emanating from my client.

The trooper stated that my client failed all three of the field sobriety tests that he had given my client. My client took the breath test and blew a .10. We were able to hire a breath test expert and she testified why the breath test reading was higher then what it should have been.

August - Falmouth District Court
Second Offense OUI - Breath Test Failure .15
Bench Trial - Result: Not Guilty

The officer saw my client make a turn without using his directional, cross over the center lines twice and again turned without using his directional entering the “Do Not Enter” driveway of a parking lot at the Town Hall.

The officers stated that my client had bloodshot and glassy eyes, his speech was heavily slurred and he could smell a strong odor of an alcoholic beverage emanating from my client. The officer stated that my client had failed three out of the four field sobriety tests. My client blew a .15 on the breath test so we hired a breath test expert to come in and testify as to why the reading was so high.

August - Greenfield District Court
Driving After a Suspended License due to OUI
Dismissed

July - Brockton District Court
First Offense OUI Alcohol and OUI Drugs
Jury Trial – Not Guilty

My client was seen making a wide left turn and crossing into the wrong lane before swerving back into the right lane. The officer pulled my client over and said that he was talking in slurred speech, had glassy eyes, and could smell alcohol coming from inside the vehicle. The Office asked my client to step out of the vehicle to perform field sobriety tests. The officer asked him to perform the Alphabet Test, Counting backwards, and the Finger to Nose. The officer said that he failed all of the tests. My client said that he had been at a friend’s party and there was some drinking. My client was taken back to the station where he told the officers that he had been in a car accident earlier in the week and he had hurt his shoulder, which should be in a sling. The officers then administered more Field Sobriety Tests at the station including counting backward, and the alphabet, which the officers claimed he failed again. My client refused the breath test. When searching the vehicle the officers found a baggie with a green leafy substance on the driver’s side floor. The officers charged him with OUI Alcohol and OUI Drugs. A jury found my client not guilty of all OUI charges.

July - Brighton District Court
Second Offense
Jury Trial – Not Guilty

My client was pulled over for speeding. The officer said that he could smell a strong odor of alcohol coming from inside the vehicle. The officer stated that my client’s eyes were red and glassy. He asked him to recite the alphabet, which the officer claims that he failed. Then he asked him to step out of the vehicle. The officers asked my client to perform the Horizontal Gaze Nystagmus Test, the 9-Step Walk and Turn, which the officer said he failed. He was also asked to take a portable breath test, which registered a .16. The officer then arrested my client and transported him back to the station where he refused the breath test. A Jury found my client not guilty.

May - Taunton District Court
Second Offense
Treated as a First Offense

The police were called to a possible accident where my client’s car was said to have exited the road. The Officers found my client unconscious and unresponsive in the car. When the officers were finally able to wake up my client they said she was incoherent when she spoke. The officer said they could smell a strong odor of alcohol coming from her. The officer also found three beers in the car and one was open and was only 1/4 full. When exiting the vehicle the officers stated that my client had to use her left arm to brace herself while getting out of the car and that her eyes were bloodshot and glassy. My client also admitted to having another beer on top of the one that she drank in the car. The officers gave my client the Alphabet test, the One Leg Stand, the 9-Step walk and Turn and the portable Breath Test (.20), which he said she failed. My client was arrested and brought back to the station where she took the Breath Test and blew a .18. My client decided to work out a deal because of a previous OUI that was over 10 years old, the judge allowed her to be treated as a first offender and she avoided a two-year loss of license with a hardship within 1 years. Instead she was able to get a hardship license within weeks.

April - Framingham District Court
Second Offense
Treated as a First Offense

Someone called the police in regards to an erratic operator saying that they were all over the road almost striking two cars and speeding up and slowing down for no reason. When the officer approached he said that he could smell a moderate smell of alcohol coming from my client and she admitted to having to drinks. The officer administered the 9-Step Walk and Turn, the One Leg Stand as well as the Horizontal Gaze Nystagmus Test. She was also asked to take a portable breath test. The officer said she failed all the field sobriety tests and the portable breath test was a .14. My client was arrested and brought to the station where she took the breath test with a .14 reading. My client chose to work out a deal and the judge treated her as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead she was able to get a hardship license within weeks.

February – Ayer District Court
Driving After a Suspended License due to OUI
Charge Amended

Charge was amended, from Driving on a Suspended license due to OUI, to Operating on a Suspension. No jail time.

February - Brighton District Court
Second Offense
Jury Trial - Not Guilty

The officer saw a driver who was weaving in and out of lanes passing other motorists and on one occasion was dangerously close to another vehicle. The officer pulled in behind the car and followed it for a few miles. As the officer was following the vehicle it started to drift from one side of the road to the other and at one point almost struck the curb. The officer pulled the vehicle over. When my client rolled down his window the officer said he detected a strong odor of alcohol and he said my client’s eyes were glassy and bloodshot. The officer asked him how much he had to drink and my client stated that he had had two beers at a friend’s house. The officer asked my client to step out of the car and administered 3 Field Sobriety Tests. The first test was the Horizontal Gaze Nystagmus test, then One Leg Stand and finally the 9-Step walk and turn test. The office states that my client had failed all the tests and was asked to take the Portable Breath Test, which registered a .12. My client was taken to the station and was asked to take the Breath Test at the station. His first attempt he had gum in his mouth so the officers asked him to do it again. The officers said my client was doing the test wrong so they marked him down as a refusal. A Jury found my client not guilty.

January - Clinton District Court
First Offense
Bench Trial - Not Guilty

My client was asked to pull over at a sobriety checkpoint. The officer asked my client to step out of his car and said that he was unsteady on his feet and as my client spoke the officer said that he could detect a very strong odor of alcohol coming from my client. The officer gave him 3 Field sobriety tests. The Horizontal Gaze Nystagmus test, the One Leg Stand and the 9-Step walk and turn test. The officer stated that my client failed all three tests. A judge found my client not guilty.

2007 OUI Cases

November - Dedham District Court
First Offense
Bench Trial - Not Guilty

The officer received a call from a gentleman stating that his daughter-in-law was at a local grocery store and was intoxicated. The officer caught up to my client who was on her way home from the store and the officer said she was swerving from right to left. The officer said that my client’s speech was slurred and that her eyes looked glassy. The officer had her do three field sobriety tests, the 9-Step Walk and Turn, the One Leg Stand and the Finger to nose. The officer claimed that she failed all the tests and refused the Portable Breath Test. The officer stated that when my client was placed in the back of his cruiser there was a strong odor of alcohol coming from her breath. My client refused the breath test at the police station. A judge found my client not guilty.

October - Plymouth District Court
Second Offense
Treated as a First Offense

Someone called the police in regards to an erratic operator. The officer pulled over the gentleman and noticed that his eyes were severely bloodshot. When asking my client for his license and registration he could detect a strong smell of an alcoholic beverage coming from inside the vehicle. The officer said that my client’s speech was severely slurred and thick tongued and my client said that he had had a few beers. The officer claimed that my client stepped out of the vehicle and fell back onto the car door and that when he walked he was very off balance. The officer gave my client 4 Field Sobriety Tests, the Alphabet Test, the Finger to Nose, the 9-Step Walk and Turn and the One Leg Stand. The officer said that my client failed all the tests. My client had a previous OUI that was 14 years prior. He was asked to take a breath test at the station, which he failed with a .20. My client chose to work out a deal and the judge treated my client as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead he was able to get a hardship license within weeks.

September - Hingham District Court
First Offense
Bench Trial - Not Guilty

The officer observed my client pass by him and looked in his driver’s side mirror and said there were no working taillights. As the officer turned around my client sped away. My client was later pulled over and the officer asked how much my client had to drink. He stated that he had 3 beers. The officer said that my client has a strong odor of alcohol, was unsteady on his feet, had slurred speech and his eyes were glassy. The officer gave three field sobriety tests, the Alphabet, counting backwards and the 9-Step Walk and Turn test, all of which the officer stated my client failed. A judge found my client not guilty.

July – Quincy District Court
First Offense OUI
Result: Bench Trial - Judge found the client Not Guilty

The trooper observed my client swerving on the highway from the center lane into the right lane and back again a few times. The trooper pulled my client over and said that he could smell a strong odor of alcohol coming from inside the car. The trooper asked my client to perform the Horizontal Gaze Nystagmus Test, the One Leg Stand, the 9-Step Walk and Turn, and asked him to count backwards. The trooper said my client failed all the field sobriety tests. He was arrested and brought back to the station. The trooper asked my client to take the breath test, which he failed with a .11. A Judge found my client not guilty.

June – Chelsea District Court
First Offense
Dismissed

May – Taunton District Court
Second Offense
Treated as First Offense

My client was pulled over or making an illegal u-turn. When asked where my client was headed, he responded with an answer that was nowhere within the vicinity of where he was pulled over. My client was asked to submit to Field sobriety tests, which he failed. He took the breath test and blew a .16. The judge treated my client as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead he was able to get a hardship license within weeks.

May – West Roxbury District Court
First Offense
Result: Bench Trial – Not Guilty

The officers stated in their police report that my client failed to stop at a stop sign. After my client was pulled over the officers said that he flicked his cigarette out of the window and the officers made him get out of the car and pick it up. My client tried to pick it up three different times and almost fell over each time. He told the officers that he had one glass of wine and was on the way to the store. It should be noted that my client told the officer that he has a medical condition known as Neuropathy, which effects his balance, therefore he was unable to perform any field sobriety tests that would require balance. The officers arrested my client and brought him back to the station. My client refused the breath test. A judge found my client not guilty.

May – Woburn District Court
Second Offense Treated as a First Offense

My client was arrested after speeding. She told the officers that she was coming from a friend’s house and that she had 2 beers. The Officers asked my client to get out of the car and while she was attempting to get out she almost fell to the ground. The officers stated that her speech was slurred and she swayed heavily. The judge treated my client as a first offender and she avoided a five-year loss of license with a hardship within 4 years. Instead she was able to get a hardship license within weeks.

April – Dedham District Court
Third Offense Treated as Second Offense

My client was in an accident in which his SUV struck a car from behind. My client stated that he had two beers and was on his way home. He refused to take any Field Sobriety Test's. He did take the breath test, which yielded a .20 blood alcohol level. A judge treated my client as a second offender.

April – Concord District Court
Result: Second Offense Treated as a First Offense

My client was pulled over for doing 70 MPH in a 45 MPH zone. The officers stated that while trying to catch up to my client he observed my client cross the centerline on several occasions. He told the officer that he had 2 beers. My client also failed the Walk and turn test as well as the one leg stand. The judge treated my client as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead he was able to get a hardship license within weeks.

April – Peabody District Court
First Offense OUI Drugs
Bench Trial – Not Guilty

My client was pulled over for crossing over the center and breakdown lanes on several occasions. The officer said that my client took to long to pull over and that her motor skills were impaired because she had to repeat what she was doing over and over before she could finish. My client told the officers that she had two herniated discs in her back and she was unable to perform the Field Sobriety Tests. The officers noted that she was also very unsteady on her feet. My client went back to the station where she took the breath test and passed with a .06. She also admitted to the officers that she had taken Xanax, Neuronti, Lamical and Topomax. The judge found my client not guilty.

April – Hingham District Court
Second Offense
Jury Trial – Not Guilty

A civilian called the police regarding an erratic driver who was all over the road. The officers stated that when he caught up to my client, he was weaving in and out of the lane and at one point my client crossed the centerline and continued to travel like that for some time. The officer pulled my client over after he had crossed the lines a few more times. My client failed the walk and turn test as well as the one leg stand. My client did pass the alphabet test. My client was arrested at the scene and brought back to the station where he took the breath test and blew a .19. I argued that he failed the field tests due to a lack of sleep. A Jury found my client Not Guilty.

March – New Bedford District Court

Second Offense

Result: Treated as First Offense

My client was weaving in and out of the travel lanes, into the break down lane almost striking the guardrail before swerving onto the road again. Officer stated that my client took to long to pull over. My client told the officers that he was in Medford when in fact he was in New Bedford. My client’s speech was extremely slow and slurred. He failed all of the Field Sobriety Test’s except for the Alphabet and he refused the breath test. The judge treated my client as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead he was able to get a hardship license within weeks.

February – Boston Municipal District Court
First Offense
Result: Case Dismissed

My client was involved in an accident. When officers approached she looked like she had no idea what was going on and her speech was slurred. She was unable to get out of the vehicle without the help of the officers. Officers thought it was unsafe to perform FST. Suspect "passed out" in the back of the cruised. Judge dismissed the case.

January – Waltham District Court
OUI Probation Violation - First Offense
Result: Case Dismissed

2006 OUI Cases

November – Westfield District Court
Second Offense
Jury Trial – Not Guilty

My client was pulled over for speeding. He stated that he had a couple of beers at a friends house. Speech was thick tongued and slurred and he was unsteady on feet as he exited the vehicle. He failed the field sobriety test and he refused the breath test. A jury found him not guilty.

October – Wareham District Court
Second Offense
Result: Bench Trial - Not Guilty

A civilian called the police regarding an erratic driver who was all over the road. My client stated to the officer that she had a few cocktails but that she was weaving in and out of the lanes because of her dog. Her dog was in the car with her at the time. She refused all field sobriety tests. A judge found my client not guilty.

August – Worcester District Court
OUI with Serious Injury
Result: No Jail Time

My client hit two girls and a fence then fled from scene. Stated to officer that he was drunk and he was driving. He had slurred speech and he was unsteady on his feet swaying back and forth. Stated he had too much whisky. He failed the field sobriety tests and he failed the breath test with a 0.30. No jail time was served.

July – Roxbury District Court
First Offense
Result: Dismissed

My client was parked, blocking the lane of traffic. The officers asked him to move his vehicle and he began swearing at the officers. He was again asked to move his vehicle and again he began yelling at the officers. My client was asked to do some field sobriety tests and he failed. Judge dismissed my client’s case.

June – Westborough District Court
First Offense
Result: Jury Trial – Not Guilty

My client was pulled over for speeding. He told the officer that he had 2 beers. Speech was slurred and thick tongued. He failed the Field Sobriety Tests and he refused the breath test. I established evidence that the tests were given improperly, since the field tests were given on a sloped surface, and the officers training manual indicates that the tests are only valid on a flat surface. Jury found him not guilty.

June – Peabody District Court
First Offense
Bench Trial – Not Guilty

My client was pulled over for crossing the lines. He slowed his car abruptly from 65 to 50 when officer pulled behind him. Was unsteady on feet as he walked to the rear of his vehicle. My client failed the field sobriety tests and he refused to talk the breath test. Judge found my client not guilty.

June – Westborough District Court
First Offense
Jury Trial – Not Guilty

My client was pulled over for swerving in and out of lanes and almost hitting an unmarked cruiser. My client told the officer that he was on his cell phone. Stated that he was coming home from a Christmas Party, he had drank, and he was underage. Told the officer that he had sprayed cologne in his mouth to cover the smell of alcohol. The Breathalyzer’s at two different stations did not work so no breath test was recorded. Jury found my client not guilty.

May – Concord District Court
Second Offense
Treated as First Offense

My client was in an accident where he had hit a tree. My client told the officer that he had 3 beers earlier in the afternoon. My client was asked to perform a few field sobriety tests, which the officers stated that he failed. My client was brought to the station and took the breath test, which he scored a 0.15. My client was treated as a first offender, lost his license for 45 days and was able to get a hardship license within a week.

May – East Brookfield District Court
Third Offense
Treated as Second Offense

My client was pulled over for almost causing an accident. He stated that he had a few beers. The officer detected a very strong odor coming from my client. Officers searched my client’s car and found seven beers in the cooler, which my client stated were 12 when he bought it. He failed the field sobriety tests and refused to take the breath test. The judge treated my client as a second offender rather then a third.

May – Attleboro District Court
Fourth Offense
Jury Trial – Not Guilty

Cell phone caller stated that my client was driving all over the road. The police saw my clients van parked at a Convenience Store. My client walked to the store and back to the van with a limp. As my client went back to his van the officers stopped him. He had just purchased a 12-pack of beer. My client said that he had some to drink but would not elaborate on just how much. My client had several pins in his back which would not allow him to perform some of field sobriety tests. He passed the touching the tip of his nose with his index finger. My client was arrested and refused to take the breath test. A Jury found my client not guilty.

March – Dedham District Court
First Offense
Bench Trial – Not Guilty

My client was pulled over for speeding and weaving in and out of the lanes. The officer asked him how much he had to drink and he stated that he had 5 beers over 5 hours ago. Upon inspection of the vehicle the officers found an open container. My client refused to do any field sobriety tests as well as refusing to take the breath test. A judge found my client not guilty.

March – Milford District Court

Second Offense

Result: Treated as First Offense

My client was traveling at approx. 40 MPH , slammed on his breaks to make a turn, without signaling. The officers said that he made several lane violations. My client told the officers that he had four or five beers. He refused to take any Field Sobriety Test's. He did submit to a breath test, which was a .12. Judge treated my client as a first offender, lost his license for 45 days and was able to get a hardship license within a week.

March – Woburn District Court
First Offense OUI Drugs case
Result: Dismissal

Someone called in to the police station that there was a car driving all over the road. The officer pulled behind my client and observed her to be “all over the road”. He pulled her over and asked for the usual license and registration. My client had accidentally taken too much of her prescription medication. The judge dismissed the charges.

February – Boston Municipal District Court
Second Offense
Result: Dismissal

My client was involved in a car accident in a garage involving another car. My client hit the car then kept driving hitting several walls. Victim observed the suspect exit his car and to be unsteady on his feet. Officer smelled alcohol on his breath, he was unsteady on his feet and he had slurred speech. No field sobriety tests and no breath test were given. A judged dismissed all charges.

January – Boston Municipal District Court
Second Offense
Bench Trial – Not Guilty

My client was pulled over for speeding. He stated that he had a little bit to drink. He was unsteady on his feet. He failed the field sobriety tests and he refused the breath test. I introduced medical evidence that showed he had a bad back, which explained his failing the field sobriety tests. The Judge found him not guilty.

January – Milford District Court
Fourth Offense
Bench Trial – Not Guilty

An anonymous person called to report an erratic driver saying they almost hit her car and drove over part of the town Common. My client was seen getting out of his vehicle. Stated that he had 3-4 beers at a meeting. Holding a coffee cup, water, a glass pipe and marijuana. My client stated that he was not driving, he was out walking his dog. He refused to take any field sobriety test and he refused to take the breath test. Judge found him not guilty.

2005 Cases

December 2005 - Framingham District Court
Second offense
Result: Treated as First Offense

My client was pulled over for crossing the lines on several occasions. Motorist called to report erratic operator, officer then observed him crossing over the lines. His speech was thick and slurred and he closed left eye to locate license. Officer stated that my client was unsteady on feet, swaying from side to side and stumbled as he got out of vehicle. He failed field sobriety tests and he refused to take the breath test. My client was treated as a first offender; he lost his license for 45 days and was able to get a hardship license.

October 2005 – Northampton District Court
First Offense
Result: Bench Trial – Not Guilty

My client was pulled over for not stopping at a stop sign, failing to signal at a turn and weaving in and out of the lines. He stated that he had 4 beers at a restaurant. He was unsteady on his feet and he failed the field sobriety tests. He took the breath test and blew a 0.07. Judge found my client not guilty.

September 2005 - Orange District Court
Fourth offense OUI
Result: Jury Trial – Not Guilty

My client was pulled over for driving with his headlight out. He stated that his wallet and license were in his work truck but gave officer his name, date of birth and Social Security number. He stated that he went home had one beer and was going to get a burger from McDonald’s. He failed the walk and turn test then refused to do any more tests. He then because uncooperative with the police. He refused to take the breath test. Jury found him not guilty.

August 2005 - Ayer District Court
Third offense
Result: Jury Trial – Not Guilty

My client was pulled over for speeding and was looking through his wallet for his license and took out 3 credit cards before locating license. My client was unsteady on feet. He shuffled as he walked and he admitted to having 4 beers. My client failed the field sobriety tests and the refused the breath test. I introduced medical evident to show that the client had bad knees to explain him not passing the field tests. Jury found him not guilty.

August 2005 - Brighton District Court
First offense
Result: Dismissal on a Motion to Suppress the Vehicle Stop

My client was pulled over for having blue tinted headlights, which the officer’s said, was illegal. Three times said he had nothing to drink then stated that he had one drink. Officer said that he failed the Finger to Nose test. He was brought back to the station where he took the breath test and blew a 0.06. Judge stated the blue tinted headlights were not illegal so therefore the reason for the stop was not warranted and dismissed all charges against my client.

July 2005 - Orleans District Court -
1st Offense

Result: plead down to Reckless Driving. OUI Dismissed, and Driving Without Insurance - No license loss.

July 2005 - Lawrence District Court

Second Offense

Result: Dismissal

There was a cell phone caller who called about a truck with heavy front-end damage that was swerving all over the road. When the officers went to check it out they found the truck parked in the parking lot of a restaurant. When the officers went inside the patrons pointed to the bathroom where they found my client in a stall, vomiting. My client refused to take and field sobriety tests and refused to take the breath test. A judge dismissed the case against my client.

June 2005 - Wareham District Court
Second offense
Result: Dismissal.

June 2005 - Wareham District Court
1st offense
Result: Found not guilty after bench trial.

The officers pulled my client over for crossing the lines a few times. She stated that she had had a couple of drinks. Said that she was very nervous. Speech was extremely slurred. Failed the field sobriety tests and refused the breath test. Judge found her not guilty.

June 2005 - Newburyport District Court
Operating to Endanger
Result: Dismissed at clerk's hearing. Client is required to take a one-day driving class.

Client is clocked going 115 in a 45. Client is charged with operating to endanger.

May 2005 - Salem District Court
Third Offense
Result: Treated as 1st offense

My client was pulled over for traveling on the wrong side of the street. Did not stop to the lights of the police car. He was swerving all over the road. My client also went on the wrong side of an island. My client could barely stand up. Failed all field sobriety tests and refused to take a breath test. Judge treated him as a first offender; he lost his license for 45 days and was able to get a hardship license.

May 2005 - Worcester District Court
Third Offense
Result: Not Guilty after Jury Trial

My client was in his driveway and officers pulled in behind him. He was sitting in his truck and when he saw the officers he tried to go into his house. The officers said that he was speeding. He was unsteady on feet and he would not listen to the officer and tried to walk past/through to get to house. He was belligerent and argumentative and he refused to do any field sobriety test as well as refusing to take the Breath test. Jury found him not guilty.

May 2005 - Brockton District Court
First Offense
Result: Not Guilty after Jury Trial

My client was sleeping in his car with the car running. My client’s friend was in the passenger seat on the phone. The officer tapped on his window and my client tried to put the car into park, which it already was. My client’s speech was very thick and he told the officer that he had 4 beers at a local bar. He refused the Breath test. Jury found him not guilty.

April 2005 - Taunton District Court.
First Offense
Result: Not Guilty after Bench Trial

My client was pulled over for crossing the lines on several occasions. He had trouble removing license and he could not find his registration. Told officer that he had had 2 beers with dinner, he smelled of alcohol, his face was blotchy, he dragged feet as he walked and his eyes were glassy. He refused the Breath test. Judge found him not guilty.

April 2005 - Worcester District Court
First Offense
Result: Not Guilty after Bench Trial

My client was pulled over for driving with his lights out and failing to signal at a turn. He stated to the officer that he had a couple of beers. He failed Horizontal Gaze Nystagmus test and was swaying in a circular motion. Had difficulty standing in the heel to toe position. My client took the breath test and blew a 0.07. Judge found him not guilty.

2004 Cases

October 2004 - Wrentham District Court
3rd offense OUI
Result: Dismissal

My client was involved in a hit and run. He hit a telephone pole and he ran to his house, which was a few houses down. No one was hurt in the accident. The officers asked him where he had been before the accident. He stated that he was at a friend’s house and that he had 4-5-6 beers. My client was taken to the hospital where he refused to take a breath test or a blood test. All charges were dismissed.

October 2004 - Hadley District Court

My client is observed crossing the centerline on a couple of occasions and fails to signal when turning. Client fails field sobriety tests. Found not guilty after trial.

August – Waltham District Court
Second Offense
Result: Treated as First Offense

My client was involved in two hit and run accidents. He was seen leaving the scene and parking his vehicle in another area. He claimed that he was trying to find service on his cell phone to call police. He was brought to the station where he submitted to a breath test which registered .13. A Judge treated my client as a first offender and he avoided a 2-year loss of license and was able to receive a hardship license within weeks.

August 2004 - Cambridge District Court
1st offense OUI
Result: Case is dismissed.

Client is stopped at a roadblock and fails two of three field sobriety tests. The client default on case and a warrant is issued. The judge dismissed the case after one day of trial.

August 2004 - Haverhill's District Court
Result: Case is dismissed after a Motion to Suppress hearing

My client is charged with second offense OUI. The police receive a phone call that someone fitting her description is drunk and shouldn't be on the road. Client is pulled over fails field tests and blows a .15 in the breath test machine.

June 2004 - Orange District Court
First Offense OUI
Result: Case Dismissed

May 2004 - Worcester District Court
Second Offense
Result: Found not guilty after trial.

Client is observed weaving and crossing centerline. Client admits to having eight beers in two hours. My client passed 2 out of 3 of the field sobriety tests and he refused to take the breath test. A jury found my client not guilty.

April 2004 - Dedham District Court
Result: Case Dismissed at trial

April 2004 - Wareham District Court
Result: Case Dismissed at trial.

February 2004 – Haverhill District Court

Second Offense

Dismissal

The officers attempted to pull over my client because dispatch said there was a possible intoxicated driver driving a similar car. She pulled to the side of the road then kept driving turning onto a side street before coming to a stop. According to the officers, my client’s speech was slurred. She handed the officers her license and a piece of paper that was not her registration. My client was able to then locate her registration. She told the officers that she had 2 beers after leaving work. She failed all the Field Sobriety Test's as well as the breath test.

January 2004 - Fitchburg District Court
3rd offense
Result: Not Guilty after trial.

My client was pulled over for crossing the lines. My client was disoriented and “confused”. A judge found my client not guilty.

Older Cases

Waltham District Court
First Offense
Jury Trial – Not Guilty

Stated that she was coming from a wine tasting party. Officer noticed a dark red film on her lips, which she stated, was from the wine that she said she had a few hours before. She failed her field sobriety tests.

Wrentham District Court
First Offense
Result: Dismissal

My client was involved in an accident involving another motorist. My client stated that the motorist braked suddenly. My client passed two out of three Field Sobriety Tests. Judge dismissed the charges.

Boston Municipal District Court
First Offense
Result: Dismissal

My client was pulled over for swerving all over the road. The officer asked if he had anything to drink. Which my client responded that he had had some whiskey with a few of his friends and he was on his way home. My client was given

Northampton District Court
First Offense
Jury Trial – Not Guilty

My client was pulled over for speeding. He had two of his friend who was very intoxicated with him. The officers said that they smelled alcohol coming from the car. The asked him to perform some field sobriety tests which the officers said that my client failed. My client also refused to take the breath test. A jury found my client not guilty.

April – Edgartown District Court

Second Offense

Dismissal

The officers pulled over my client for speeding and for weaving in and out of the lane. The officers said that my clients speech was extremely slurred. He was unsteady on his feet as he exited the car and he refused to take and Field Sobriety Test's as well as refused to take the breath test.

Quincy District Court
First Offense
Result: Jury Trial – Not Guilty

Dedham District Court
First Offense
Result: Jury Trial - Not Guilty

My client was pulled over when he was driving down the road, his car spun out because of a recent snowfall and he was traveling down the road going the wrong way. He was weaving from one side of the street to the other. My client was not given any field sobriety test. A jury found my client not guilty.

Milford District Court
First Offense
Result: Dismissal

My client was pulled over for weaving within the lanes. The officer asked where he was coming from and my client stated that he was coming from the Patriots game. My client was asked to perform Field Sobriety tests, which he failed. The judge dismissed the case.

Quincy District Court
First Offense
Result: Dismissal

In October of 2000 I represented a client on a first offense Massachusetts OUI who had a couple of drinks, got tired and pulled well off the road near a park entrance. As he was sleeping harmlessly a police officer woke him up and in the process my client removed the emergency brake and the car began to roll forward.

The officer had him perform some roadside tests and arrested him. After I investigated the case and took pictures of the scene to show that my client was hurting no one by sleeping 100 feet from the roadway I persuaded the judge to dismiss the case without my client having to pay any fines or lose his license as long as my client completed an alcohol program.

My client was very happy as he didn't have to deal with the increase in insurance rates, loss of license, fines and probation fees that he would have had to deal with if he had been found guilty or the case had been continued without a finding. Not every Massachusetts lawyer is willing to investigate their cases, but I think the results speak for themselves.

In May of 2000 I represented a client who had been charged with first offense drunk driving in Cape Cod MA about 10 years ago. He was living there for the summer and left the state and never faced the charges here. When he was unable to renew his drivers license in Alabama he hired me to take of the matter.

I went down to Cape Cod, did some investigating and found out that the officer who had arrested him was now a police officer in a different jurisdiction. Knowing that the prosecutor would have difficulty getting their witness to prove the case, I was able to get the drunk driving reduced to a much less serious charge and my client is now able to get a license.

In July of 1999 I represented a client charged with first offense OUI. Shortly after 8AM on a Sunday morning she was found passed out at the wheel with her car still running. wedged up against a steel gate. The police woke her up, had her perform some tests such as the 9 step walk and turn and the 1 legged stand, which she performed miserably, and arrested her.

My client told me that she hadn't been under the influence of alcohol, she had accidentally taken too much prescription medication. The jury found her not guilty.

Massachusetts Lawyer Russell Matson's Actual OUI Case Results

OUI Cases Won at Trial, Dismissed, or charges significantly reduced

2012 OUI Cases

November - Boston Municipal District Court

Charge: OUI 4th Offense

Result: Charge Reduced to Second Offense

July - Wrentham District Court

Charge: OUI Fifth Offense

Result: Charge Reduced to Second Offense

June - Westboro District Court

Charge: OUI first offense

Result: Case Dismissed

April - Concord District Court

Charge: OUI first offense, Breath Test Result: .17%

Result: Not Guilty, Jury Trial

March - Framingham District Court

Charge: OUI

Result: Not Guilty, Jury Trial

February - Ayer District Court

Charge: OUI 2nd Offense, Resisting Arrest

Result: Not Guilty on both counts

February - Ayer District Court

Charge: OUI, 1st Offense

Result: Dismissed (after Motion to Suppress was allowed)

January - Wrentham District Court

Charge: OUI

Result: Not Guilty, Bench Trial

January - Quincy District Court

Charge: OUI

Result: Not Guilty

2011 OUI Cases

Sept - New Bedford District Court

OUI

Result: Not Guilty, Jury Trial

Sept - Taunton District Court

OUI with Accident

Result: Dismissed

July - Woburn District Court

OUI - 2nd Offense

Result: Not Guilty at Jury Trial

June - Fall River District Court

OUI - 2nd Offense

Result: Found not Guilty at Jury Trial

June - Westfield District Court

OUI

Result: Dismissed

May - Peabody District Court

Charge: Third Offense OUI

Result: Treated as 2nd Offense, no jail time.

May - Palmer District Court

OUI

Result: OUI Charge Dismissed

May - Haverhill District Court

Charge OUI Third Offense, OUI Drugs

Result: Third Offense OUI Alcohol Charge reduced to 2nd offense, no jail; OUI-drugs, dismissed

May - Boston Municipal District Court - Central

OUI-2nd Offense

Result: Case Dismissed

April – Taunton District Court

OUI, Second Offense

Result: Jury Trial - Not Guilty

April – Concord District Court

OUI, 4th Offense

Result: Jury Trial - Not Guilty

April – Eastern Hampshire (Belchertown) District Court

OUI, First Offense

Result: Charge Dismissed

February – Boston Municipal District Court

4th Offense OUI - Jury Trial

Result: Not Guilty

February – Waltham District Court

First Offense OUI - Jury Trial

Result: Not Guilty

January – Newburyport District Court

Second Offense OUI - Jury Trial

Result: Not Guilty

2010 OUI Cases

December 2010 – Westboro District Court

First Offense OUI - Bench Trial

Result: Not Guilty

Result: Third Offense OUI Alcohol Charge reduced to 2^nd offense, no jail; OUI-drugs, dismissed

OUI-2^nd Offense