NOT GUILTY DESPITE ACCIDENT AND OVER LIMIT BLOOD TEST
My client was in a bad accident and taken to the hospital where a blood draw was performed showing he was over the legal limit. Plus, he admitted he was drinking a beer at the moment the accident happened. At my Motion to Suppress, this statement was thrown out. Then at Trial, the blood result was excluded and we won a Not Guilty on both the OUI -2nd offense and the Open Container charge.
2-15-13; BOSTON / WEST ROXBURY
FAILED BREATH TEST SUPPRESSED
My client had been in a bad accident, was arrested, took the breathalyzer and registered over limit. After reviewing the test documents, I saw they indicated he had only been observed for 11 minutes before the test, not the 15 that are required. After an extremely hard fought Motion to Suppress Evidence, the judge called for briefs. I submitted an extensive one, along with a transcript of the Hearing. Two months later, the Judge ruled in our favor: the breathalyzer evidence was excluded.
FAILED BREATH TEST THROWN OUT OF COURT
My client was arrested after a chase by the police and elected to take the breathalyzer at the station house. He failed it over limit and his license was suspended immediately. After viewing the booking video, I could see that the test was not properly administered and recommended my client challenge it. After a full Hearing on my Motion to Suppress evidence, the Judge threw the breath test out of court.
91 MPH AND .16 FAILED BREATH TEST: 4 OF 5 CHARGES DROPPED
Clocked by radar speeding and tailgating at 91 mph. my client blew an over limit .16 and an .18. With 5 infractions already on his license, if responsible on all 5 of the new charges, he would have triggered an additional 60 day suspension for which no work license is available and lost his job. I negotiated a plea deal where 4 charges were dropped outright. Result, the additional 60 day suspension was not triggered; he got a work license and kept his job.
FAILED BREATH TEST PROVEN WRONG; LICENSE IMMEDIATELY RESTORED
I decided to attack my client's Registry imposed suspension for over limit breath test. I had the Police fax me 21 pages of documents which I scrutinized over the weekend, discovering the test machine's calibration was wrong. We went back to Court immediately and the DA didn't even try to oppose my Motion.
Result: The Judge signed a Court Order restoring his license that same day.
ROAD BLOCK - LOWELL
ROADBLOCK STOP ILLEGAL - .16 FAILED BREATH TEST CASE THROWN OUT
Result: No 2 year license loss or "ignition interlock device" required.
Facing his 2nd offense, client was stopped at a drunk driving road block and registered an over limit.16 Breathalyzer –twice the legal limit. At my Motion to Suppress, I argued that the roadblock did not comply with the very strict guidelines set up by the Supreme Judicial Court for the operation of roadblocks. The Judge agreed and threw the case out of Court.
E. HAMPSHIRE - WARE
.22 FAILED BREATH TEST, 7 CHARGES, ALMOST HITS 2 COPS, GETS WORK LICENSE
The 2 cops waving at my client with flashlights had to jump out of his way. Then he fled the scene and registered an over limit .22 on the breathalyzer. Instead of losing his license for 5 years, I negotiated a deal where 2 charges were dropped outright, he received CWOFs on all other criminal charges and he lost his license for only 45 days (during which time he had a work license!).
.32 FAILED BREATH TEST & 2ND OFFENSE: 3 OF 4 CHARGES DROPPED & NO JAIL
Despite having an over limit breath test of .32 (4 times the legal limit!) less than two years after her previous arrest for OUI, I negotiated a deal where not even a suspended jail sentence was imposed and 3 of the 4 charges against her were dropped on the very first Court date.
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 to fight a DUI: attack the legality fo 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
3rd OFFENSE REDUCED TO 2ND: NO 6 MONTH JAIL TERM
My client blew an over limit .15 breathalyzer after a bad accident. Charged with his 3rd offense, he faced a mandatory jail sentence of at least six months and an 8 year loss of license. I stressed to the DA that his 2 priors were from out of state and the Commonwealth would have a difficult time proving my client was the same man convicted there. The DA immediately agreed with me and reduced the charge. Result: No jail time.
FAILED BREATH TESTS AND 3 FIELD TESTS:
NOT GUILTY- SECOND OFFENSE
Cop testified my client smelled of alcohol, had slurred speech, failed the backwards counting, the 9 step walk and turn and the one leg stand field sobriety tests. At the station, my client was over limit and failed the breath tests as well. I stressed to the Court all the things my client had done right [no problems driving, producing license and registration, followed cop's instructions, etc.] and that the breath test was done over one hour after he was arrested and thus should be discounted.
The Judge agreed. Not Guilty.
FAILED BREATH TESTS - NOT GUILTY AT TRIAL
Melanie’s Law dictates if you blow .08 or over you are guilty of OUI. Period. Client had blown .09-- twice, admitted to coming from a bar and having four drinks over the past hour. Plus, the cop didn’t like the way he did the field sobriety tests. I advised him not to plead guilty and not to have a Jury Trial. We did so and he received a Not Guilty -- despite the two over limit breath tests.