OUI Defense & Cases Won at Trial, Dismissed, or charges significantly reduced
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 defense 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.
Every case is different, and there are no guarantees, but there is often good reason to fight OUI cases because they can be won.
~ Attorney Russell Matson
2017 OUI Sample Case Wins
April 2017
Charge: OUI Liquor 2nd offense, Operating to Endanger
Falmouth District Court
Result: CWOF 1 year
Our client, a 52 year old male was charged with a 2nd offense OUI after getting into a serious accident coming home from a work function. The client had sustained a head injury during the accident and did not remember much surrounding the accident. Police had found the car in a wooded area off the road, and the client lying in the street a mile away. The client had the keys in his pocket and allowed his blood to be tested by EMTs.
Attorney Stacey worked on the case before charges issued, allowing the client a great deal of control over the situation. Further, since it had been almost 25 years since the client’s first offense, Attorney Stacey was able to negotiate the latest offense be treated as a first. This dramatically cut down on the time the client would spend on probation, and the loss of license went from two years down to only 45 days.
In addition to the operating to endanger charge being dropped completely, Attorney Stacey was even able to convince the judge to grant the client a Continuance Without a Finding on the second offense, which means that after probation is completed the case will be dismissed and the client’s record is still considered clean.
April 2017
Charge: OUI Liquor 1st offense
Court: Lawrence District Court
Result: Not Guilty after Jury Trial
Our client, a 27-year-old male was charged with OUI Liquor after he crashed his car on the highway coming home from a friend’s house late one night. The client had lost control of his car and collided with the guardrail, taking out seven sections of a guardrail. All airbags deployed, but the client was uninjured.
When police arrived, they noticed an odor of alcohol coming from our client, his eyes were bloodshot and glassy, and he was unsteady on his feet. The client refused medical attention by EMS and became combative when police began questioning him about field sobriety tests. He was placed under arrest and taken to the local barracks for booking.
Throughout his booking, the officer remarked that the client acted in an odd manner. The client was offered the chemical breath test which he agreed to do. The client attempted the test a number of times but was never able to complete the test with two viable samples. He did provide one sample that read .13, but did not give a second sample to complete the test. He was then picked up by his father, who had also been at the scene for his arrest, who took him home. The next morning, the client complained of several injuries sustained from the crash and was taken to the hospital for treatment.
Attorney Stacey handled this client’s case from inception, from arraignment through to trial. At trial, Attorney Stacey created doubt surrounding when the officer smelled any odor of alcohol, and from who on the scene that odor was coming from. He also pointed out the severity of the accident involved and potential injuries a person could sustain from such an accident, forcing the officer to agree that his own observations of the client could have been due to injuries rather than drunkenness.
Before he presented his own case, Attorney Stacey was able to keep out any mention of the .13 BAC sample from the breadth test so the jury never heard about it. Finally, Attorney Stacey presented evidence through the client’s father about the accident, the client’s injuries, and a description of the client’s mental health to lend context to the “strange” behavior noted by the officer during booking. During closing arguments Attorney Stacey asked the jury to weigh all the evidence and to consider the prosecutor’s burden of proving their case beyond a reasonable doubt – if there was any reasonable explanation for the accident other than alcohol then they were required by law to find the client not guilty.
When the case was turned over to the jury, they unanimously found our client Not Guilty of OUI Liquor.
April 2017
Charge: OUI 1st offense
Court: Palmer District Court
Result: Not Guilty after Jury Trial
Our client, a 28-year-old mother of two, was charged with Operating Under the Influence of Intoxicating Liquor when she was stopped for speeding after leaving a friend’s house at night. While she admitted to drinking that night, she was not in a position to accept the criminal and driver’s license consequences of an admission to such a charge. As a result, our client decided to go to trial.
She was represented by Attorney Bullen at trial at the Palmer District Court. Through an effective cross-examination of two police officers who testified that our client seemed drunk and argumentative, Attorney Bullen was able to produce evidence that our client’s driving and behavior were not so erratic as was implied at trial.
The jury agreed, and after only thirty minutes found our client not guilty. Her license was reinstated and neither an admission or conviction was entered on her record.
March 2017
Charges: OUI with Child Endangerment, Resisting Arrest
Wareham District Court
Result: Dismissed
Our client, a 44 year old nurse, was charged with OUI Child Endangerment and Resisting Arrest after another parent at her child’s school called police claiming that she had arrived at the end of day pickup intoxicated. After a convoluted investigation involving two visits to our client’s home and a civil section (being sent to the hospital for her own protection) due to intoxication and erratic behavior, our client received a citation seeking charges for OUI with child endangerment and resisting arrest.
Attorney Griffiths appeared at the Clerk Magistrate’s hearing and argued that probable cause did not exist to support the charge of OUI because officers had investigated the allegations immediately after the call and had left the client’s house having determined that she was not under the influence.
With no breath test, no field sobriety tests, and no officer observations suggesting intoxication, the court would have to rely on the statement of the civilian parent and discount the police investigation. Attorney Griffiths further argued that our client had worked hard to resolve the issues that lead to the second visit by police, and had been attending intensive outpatient treatment for alcohol as well as regular therapy sessions.
The clerk agreed that there was no probable cause to support the OUI charge, and dismissed the resisting arrest charge on the condition that our client write a letter of apology to the officers who were involved. Our client was able to get her license back, return to work, and has avoided having a very serious charge on her criminal record.
Feb 2017
Charge: OUI Liquor
Court: Brockton District Court
Result: Dismissed prior to Arraignment
Our client, a 22 year old male was charged with OUI Liquor after taking an illegal left turn and speeding while coming home from watching a basketball game at a local bar.
Attorney Stacey learned that the client was a veteran who had just returned from serving with the Marines and was now attending college. Attorney Stacey appeared at the client’s arraignment and postponed the hearing so that the client could be evaluated for the Valor Act, a special deferment program for veterans.
On the next date, Attorney Stacey had a member of the VA appear to provide support in convincing the judge that the client was suitable for deferment from criminal prosecution. The judge ended up agreeing, ordering the client to complete an alcohol education program.
The client only lost his license for 30 days, never had to go through an official probation period, and avoided criminal prosecution. This did not count as a first offense OUI, and will never appear on his record, or driving history.
Feb 2017
Charge: OUI Drugs (Marijuana)
Court: Somerville District Court
Result: Dismissed
Our client, a 28-year-old male, was charged with OUI Drugs when he was stopped in a construction zone for being unable to follow the traffic pattern. Police arrived on scene and had the client complete field sobriety tests and made several observations including pinpointed pupils, and sweating. Following his arrest, a Drug Recognition Expert (DRE) came and conducted and interview with the client, as well.
Attorney Stacey appeared beginning at the arraignment at the Somerville District Court. Attorney Stacey forced the Commonwealth to lay out their theory of the case through discovery requests. When the DRE report came back that the officer thought the client was under the influence of marijuana Attorney Stacey saw an opportunity. Marijuana does not display the observed side effects of pinpointed pupils and sweating.
After filing a request for bill of particulars, the Commonwealth was unable to choose exactly what substance they had enough evidence to proceed under. Deadlocked, the prosecutors were forced to dismiss their case against our client.
January 2017
Charges: OUI
Court: Attleboro District Court
Result: Dismissed
Our client, a 70 year old retired car dealership owner, discovered that he had an active warrant in his name for an old OUI charge in Massachusetts. After retaining our services, Attorney Bullen began immediate negotiations with the Commonwealth in an attempt to resolve the matter prior to trial.
Attorney Bullen and the prosecutor were able to agree that, due to the age of the case, it could not proceed to trial. In court, Attorney Bullen motioned for a dismissal in the interests of justice and the court granted the motion. Forty years later, our client’s sole entry on his criminal record was dismissed.
2016 OUI Defense Cases
December 2016
Charge: OUI
Plymouth District Court
Result: Not Guilty
Our client, a 57-year-old male, was charged with OUI Liquor when he was found in his car asleep with the engine running. The client’s car was stopped, still in drive, in the driveway of his beachfront community. The client was most worried about his record since his job required passing strict background checks.
Attorney Stacey took the case after the client came to us unhappy with his first attorney. During the consultation, Attorney Stacey deduced that the area the client was found in was not a public way, and therefore, did not fall under the statute. Attorney Stacey pushed the case to trial before a judge, turning all three of the prosecutor’s witnesses against the Commonwealth’s case.
After the Commonwealth’s case, Attorney Stacey asked the Judge to find his client not guilty, without even putting on his own case. The Judge agreed that the Commonwealth had failed to prove even the possibility that the client was guilty and stopped the trial halfway through. The client was found Not Guilty and will never face repercussions from his employer.
August 2016
Charges: OUI and Negligent Operation of a Motor Vehicle
Court: Quincy District Court
Result: Not Guilty
Our client, a 33-year-old man, was charged with Operating Under the Influence of Alcohol and Negligent Operation of his motor vehicle. He was pulled over on the highway late one weekend, while driving home. The arresting officer said that our client was going 85 mph in a 55 mph zone. He further alleged that our client was driving erratically and was unable to stay within the boundaries of a single lane of travel. When the officer spoke with our client, he said that he was overcome with the strong odor of an alcoholic beverage coming from our client’s mouth and car. Our client was taken out of the car and submitted to a number of field sobriety tests. After the tests, it was the officer’s belief that our client was under the influence of alcohol. Our client was later arraigned in Quincy District Court.
Attorney Etesse represented the client at his trial. After extensive cross-examination of the officer and presentation of his defense, he argued to the Jury that the results of the field sobriety tests were unreliable. He further contended that the testimony of the arresting officer at trial was also unreliable, and as such, he argued, the Jury could not convict our client. After long deliberations, the Jury returned a verdict of not guilty on both criminal charges.
June 2016
Charges: OUI
Court: Lawrence District Court
Result: OUI Dismissed
Our client, a 44 year old male, was cited for operating under the influence after getting into a serious car accident on the highway and making several incriminating statements to police. Attorney Stacey advanced the case in order to have it resolved faster.
Attorney Stacey presented evidence to the prosecutor prior to the arraignment showing that the client was not intoxicated, and even had no alcohol in his system. The client had struck his head during the accident and was not aware of his statements to police that he had just drank 3 beers.
The prosecutor was unable to refute the hospital records and was forced to dismiss the charge prior to arraignment. The charge will never show up on the client’s record.
January 2016
Charges: OUI, Negligent Operation
Court: Lynn District Court
Result: OUI Charge Dismissed at Clerk’s Hearing
Our client, a 57 year old male, was charged with OUI after getting into a serious accident when driving home from his son’s house. Several witnesses reported that the client had driven through a red light at a busy intersection. The client suffered a concussion during the accident and was delirious. He made several comments to officers that he had been “drinking a lot” and his breadth reportedly had a strong odor of alcohol.reportedly had a strong odor of alcohol.
Attorney Stacey handled the case and gathered several pieces of important evidence, including the client’s hospital records, insurance records, and speaking to the client’s doctor. Attorney Stacey presented this evidence at the Clerk’s hearing, arguing that despite the client’s statements and the officer’s observations, the client did not have any alcohol in his system based on certain ailments that prevented the client from drinking alcohol. Attorney Stacey further argued that the client’s statements were due to the client’s concussion and his confused state following the accident.
The Clerk agreed and dismissed the OUI charge, but issued the complaint on the Negligent Operation. The client will not experience any loss of license and likely after serving a short probation, the case will be dismissed, preserving the client’s clean record.
2015 OUI Defense Cases
Sept 2015
Charges: OUI 3rd Offense, Marked Lanes, Possession of Open Container
Court: Greenfield District Court
Result: OUI 3rd Treated as 2nd Offense, Mandatory Jail Time Avoided
Our client, a 45-year-old male, was charged with a third offense Operating Under the Influence, as well as Marked Lanes Violation, and Possessing an Open Container. After being retained,
Attorney Matson immediately began communicating with the District Attorney’s office to resolve the client’s case favorably.
The goal from day one was to work to avoid the mandatory jail time associated with a 3rd offense OUI conviction. Using his knowledge of the law, and his ability to convey the true impact of the charge on his client’s life, Attorney Matson was able to negotiate a plea that would treat his client’s third offense OUI as a second offense, and dismiss the all the civil infractions. This plea bargain allowed the client to avoid the mandatory five month jail sentence, as well as the mandatory eight year loss of license associated with a third offense OUI.
August 2015
Charge: Operating Under the Influence of Drugs
Court: Uxbridge District Court
Result: Dismissed at Clerk Magistrate’s Hearing
Our client, a 24-year-old male, was charged with OUI-drugs after a State Trooper reportedly saw him and his girlfriend smoking a joint at a local rest stop.
Prior to the hearing, Attorney Stacey gathered evidence on behalf of the client to argue against the formal filing of criminal charges.
At the hearing, Attorney Stacey offered both evidence and eye-witness testimony refuting the written police report. Attorney Stacey argued that there were insufficient facts supporting the alleged charge and asked that the complaint not issue. The Clerk agreed and dismissed the case.
—
June 2015
Charge: OUI (Operating Under the Influence of Alcohol, w 2 priors)
Court: Quincy District Court
Result: Dismissed at Clerk Magistrate’s Hearing
Our client, a 51-year-old female, was charged with her 3rd offense OUI and Negligent Operation after getting into a car accident.
Attorney Matson appeared on the client’s behalf at the Clerk Magistrate’s hearing and successfully argued that there was no probable cause to support the OUI charge. The Clerk agreed and dismissed that count, saving the client from a potential mandatory five-month jail sentence.
Attorney Matson then negotiated a favorable resolution to the Negligent Operation charge in court. After serving a short probationary period, the case will be dismissed and there will be no additions to the client’s record.
—
March 2015
Charge: OUI, OUI with Child Endangerment
Court: Dorchester District Court
Result: Not Guilty
Description: Client was arrested for OUI and child endangerment by OUI, with a child under 14 in the vehicle at the time of the arrest.
Before the trial began, I got the child endangerment charge dropped by arguing that the prosecutor had no evidence that the child was under 14. Taking this off the table meant that my client was no longer facing an additional mandatory 1-year consecutive license suspension if he was found guilty of the OUI charge.
At a bench trial, the judge found my client not guilty of the OUI offense.
2014 OUI Defense Cases
Charge: OUI Drugs, Negligent Operation
Court: Marlborough District Court
Result: Found Not Guilty of OUI Charge at Bench Trial
Description: Client, was arrested for OUI drugs and Negligent Operation after a car accident where he rear-ended another vehicle hard enough to deploy the airbags in his car.
Police on the scene found him slow to respond to questions and said he failed multiple field sobriety tests.
In the course of the investigations, they determined that he had been released from the hospital that morning with a prescription for a strong anti-anxiety medication, and told not to drive while taking them. He was charged with Operating under the influence of drugs (Ativan) and Negligent operation of a motor vehicle for the accident.
At a trial in front of a judge, the prosecutor put on an extensive case about the accident and called 3 witnesses to document the incident for the court. I simply argued that it is not illegal under the OUI statute to drive under the influence of Ativan. The judge agreed with me.
We had previously agreed to a plea for the negligent operation charge, but for the more serious OUI charge, my client received a not guilty verdict.
—
2013 OUI Defense Cases
December 2013
Court: Uxbridge District Court
Charge: OUI Drugs, Negligent Operation
Result: No Complaint Issued, Case Dismissed
Description: Client, a 24 yr old man was issued a citation for OUI drugs and Negligent Operation. He also had a previous OUI in another state.
If the complaint was issued and he were found guilty, he would be facing a two-week inpatient program, a 5 yr loss of license and a required Interlock device installed in his car when eligible for license reinstatement.
The police found my client disoriented on the side of the road, near a motor scooter. The police detected the smell of alcohol and our client admitted to drinking. He was taken to the hospital and the police issued the citation.
I was able to convince the Clerk not to issue the citation. The client saved hundreds of dollars in court costs the inconvenience of losing his license, and additional criminal procedures to fight the case.
December 2013
Court: Dedham District Court
Charge: OUI, 3rd Offense
Result: Not Guilty At Trial
Description: Our client a 47 yr old professional was arrested for his third offense OUI. An officer saw him swerving in and out of lanes and because of this pulled him over. The officer stated in the police report that he smelled alcohol on his breath and that he did not pass any of the field sobriety tests.
Our client, if found guilty, was looking at a mandatory 5 months in jail and a loss of license for life. Attorney Matson successfully argued that our client did not demonstrate signs of intoxication at the time of arrest. Attorney Matson, in highlighting the lack of proof of intoxication persuaded the judge to issue a not guilty verdict, saving our client of jail and a lifetime loss of license.
November 2013
Court: Woburn District CourtCharge: OUI Second Offense
Result: Not Guilty at Trial
Description:
My client a 40 year old male was pulled over for speeding and a broken license plate light. The officer after looking at him and noticing his glassy eyes and smelling a strong odor of alcohol determined that he could be drunk.
The officer asked the client where he was coming from and our client told him that he was just at a bar and that he had one beer. After a long conversation with the officer about his family life, my client refused to do the field tests whereupon the officer arrested him for operating under the influence of alcohol, 2nd offense.
At trial I opted out of a jury trial and went for a bench trial. The judge found the client not guilty. Because of the not guilty, he avoided a 5 year loss of license, hefty fees, a 2-week inpatient program and a mandatory ignition interlock alcohol detection device.
—
October 2013
Charge: OUI Second Offense
Court: Uxbridge District Court
Result: 2nd Offense Treated as a First Offense
Description: Our client, a 48 yr old mechanic was seen by the police swerving in and out of lanes at 15 mph on a 35 mph road. When the police pulled him over and asked him if he was drinking he told them yes. The officer noted in his report that our client smelled like alcohol and had trouble focusing.
Our client was asked to perform field tests and he failed each one and was promptly arrested for a 2nd offense OUI.
At court Attorney Russell Matson was able to convince the judge to charge our client with a first offense OUI instead of a second thus enabling our client to get his license back in 45 days instead of 2 years.
September 2013
Charge: OUI Third Offense, with Child Endangerment ( 2 counts)
Court: Framingham District Court
Result: Not Guilty at Trial
Description: Our client a 47 male was arrested for OUI 3rd Offense with Child Endangerment (2 Counts), after being observed by police swerving in and out of lanes into oncoming traffic. When he was pulled over, the police smelled alcohol and our client admitted he had been drinking at dinner with his wife and two children. He was arrested and his wife took the children home. At the police station, our client was said to be belligerent and noncompliant with the officers requests.
Result: At a jury trial Attorney Henry Fasoldt of the Law Offices of Russell J Matson convinced the jury that the Commonwealth did not prove their case. The verdict was NOT GUILTY on all three counts.
—
September 2013
Charge: OUI Third Offense
Court: Quincy District Court
Result: Treated as a 2nd Offense, (No Jail time)
Description: Our client a 51 yr old construction worker was seen by a state trooper drifting from the middle lane to the right lane then jerking back into the middle lane on the highway. The trooper pulled our client over and saw that his eyes were half closed he was slumped in the driver’s seat and he smelled of alcohol. The trooper had our client perform three field sobriety tests which he failed miserably.
He arrested out client for an OUI 3rd offense and transported him to the State police barracks.
Result: At Trial our client Received Second-Offender Treatment, Despite Having two prior convictions, thus avoiding mandatory jail time that would have resulted from a 3rd offense felony conviction.
February – Attleboro District Court
Charge: OUI Drugs (2nd offense) and Negligent Operation
Result: Dismissed
Our client, seen by the police swerving in and out of the lanes, almost hitting another car was pulled over. The police officer who pulled him over was the same officer who had arrested him before for OUI drugs. Our client was shaky and extremely unstable on his feet and the officer determined after having him perform and fail the field sobriety tests that he was under the influence of drugs. He was arrested and charged.
Even though there were witnesses in court who observed his erratic driving, Attorney Matson got the case for OUI drugs dismissed and the Negligent Operation was Continued Without a Finding.
January – Greenfield District Court
Charge: 3rd Offense OUI
Result: Reduced to a 2nd Offense. No Jail Time.
Our client, a 46 yr. old man came to us with a charge for a 3rd offense OUI. After being followed by police and the police witnessing his severe swerving in and out of his lane, he was pulled over. Our client failed every field sobriety test, with the officer reporting that he was very unsteady on his feet and reeked of alcohol. He was arrested and failed the breath test, blowing a .027.
At trial we got the 3rd OUI knocked down to a second with no jail time. A 3rd offense conviction would have resulted in a mandatory 5 months in jail under Mass law.
2012 OUI Defense 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 businessman 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 fourth OUI.
At trial, the ADA agreed to reduce the 4th to a 2nd.
October – Attleboro District Court
Charge: OUI Drugs And Possession of a Class E Substance
Result: All Charges Dismissed
Our client a 39 year old male was reported by a store clerk who called the police because he saw our client get into his car and he stated that he thought he was intoxicated.
The police responded and found our client sitting in his car with the motor running and lights on and his eyes closed. The officer knocked on the window and our client, who the officer said appeared dazed and confused, rolled his window down and flicked his cigarette ashes onto the officer. The officer then had him step out of the car and the officer noted that he was extremely unsteady on his feet. After failing every field test the officer patted our client down and discovered white pills. Our client was then arrested and taken back to the station.
Attorney Matson got all charges Dismissed
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.
Our client was charged with an OUI.
A Jury found our client Not Guilty.
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 strong 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.
The jury found my client not guilty on both counts.
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 observe 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.
The case was dismissed.
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.
A Judge found our client Not Guilty.
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 from 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.
A Judge found our client Not Guilty.
2011 OUI Defense Cases
Sept – New Bedford District Court
OUI
Result: Not Guilty, Jury Trial
Description: Responding to a call of a van traveling 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.
Result: A Jury found our client Not Guilty.
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.
The case was dismissed.
July – Woburn District Court
OUI – 1st 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.
At trial, a jury found our client not guilty.
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.
At trial, a jury found our client not guilty.
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. The 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 at the Westfield District Court, the ADA agreed to dismiss the OUI if the 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 en route, 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
The 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.
I was hired to represent this woman in the Palmer District Court. As it happened, the 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 2nd offense, no jail; OUI-drugs, dismissed
The 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, the client was taken to the 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. The 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 the 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-2nd 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 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.
A jury found our client not guilty.
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.
The judge allowed the Motion and the OUI charges were dismissed.
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.
A jury found our client Not Guilty.
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.
A jury found our client Not Guilty.
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 in 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.
A jury found our client Not Guilty.
See my older case wins here.older case wins here.
