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CROSSED FOG LINE WINS

 

JAMES:    617-319-6114
NATICK - FRAMINGHAM
ALL 3 CHARGES THROWN OUT:
2ND OFFENSE, OPEN CONTAINER OF ALCOHOL, LANES VIOLATION.

The police officer followed me 1.5 miles at 45 mph only 2 car lengths behind then stopped me because I swerved over the fog line by a foot or so.  I told him I was nervous because he was so close behind me. He said my eyes were red and glassy, my speech slurred and I failed all the field tests so he arrested me for my 2nd offense. Joe brought a Motion to suppress the stop of my car and submitted cases to the Court supporting his argument. I never thought you could get DUI cases dismissed but the Judge concluded there was no cause for the stop. Joe then followed through to get my 3 year refusal suspension reversed and the DA filed this document dropping all charges:  

'AFTER THE MOTION TO SUPPRESS, THE COMMONWEALTH HAS INSUFFICIENT EVIDENCE TO PROCEED.'

   SEE DA'S DISMISSAL + ORDER RESTORING LICENSE   

FRAMINGHAM - NATICK

.15 FAILED BREATH TEST CASE THROWN OUT
FOG LINE NO REASON FOR STOP

The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew an over limit.15 at the station, almost twice the legal limit. I advised my client how to fight a DUI: attack the legality of the stop of the car. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his decision.

Result:   ALL evidence -- field sobriety tests, breath test -- thrown out and case dismissed




FRAMINGHAM - NATICK

.15 FAILED BREATH TEST CASE THROWN OUT
FOG LINE NO REASON FOR STOP

The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew an over limit.15 at the station, almost twice the legal limit. I advised my client how to fight a DUI: attack the legality of the stop of the car. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his decision.

Result:   ALL evidence -- field sobriety tests, breath test -- thrown out and case dismissed



FITCHBURG

ALMOST HITS POLICE CRUISER;
NOT GUILTY OF SECOND OFFENSE

My client crossed the fog line and almost hit a state police cruiser. When he was finally stopped, his clothes were disheveled, his speech was slurred and there was a strong odor of alcohol on his breath. He was unable to complete the alphabet test and was arrested for his 2nd offense as well as obstructing an emergency vehicle. He was found not guilty: no mandatory jail, no two week hospital treatment program, no fines, no fees, and no probation.

“YOU REALLY DID A GREAT JOB!”



NEWBURYPORT - IPSWICH

CLIENT: "IF I DIDN'T ADMIT I WAS DRUNK, WOULD YOU STILL HAVE ARRESTED ME"
RESULT: NOT GUILTY

Charged with his 2nd offense, client was stopped for speeding 71 mph in a 45 zone and straddling the fog line. After failing 2 sobriety tests and admitting to 4 drinks, he made the above statement to the cop at the station after being arrested.

I got the cop to admit on the stand he waited in that area nightly because "he caught a lot of speeders on that stretch." Then I demonstrated the 2 sobriety tests in front of the jury, pointed out they were done at 1 AM on the fog line of a highway with CARS SPEEDING BY just 2-3 feet away.

(If convicted, my client would have lost his license for 2 years and his dream job as a cameraman at a top TV news station.)










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