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Jos. Waldbaum, Esq.

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WAREHAM CASES



BRENDAN;     508.243.6636
7.14.16; WAREHAM
ALL CHARGES DISMISSED
OUI-2ND OFFENSE, NEGLIGENT OPERATION, SPEEDING 90 mph
+
3 YEAR REFUSAL SUSPENSION REVERSED

RMV immediately suspended his license for a full three years for refusing the breathalyzer. We fought this at the RMV [which must be done within 15 calendar days of arrest] and then on appeal to a judge in court where a judge ordered his license restored [click yelllow link below]. He was then able to drive legally during the seven months it took to reach trial. On the day of trial, when the DA said she wasn't ready, I brought a "Motion to Dismiss for Failure to Prosecute" and convinced the judge to do so.

The judge dismissed all four charges.

See judge's order restoring license.

   SEE ORDER RESTORING LICENSE   

WAREHAM

NOT GUILTY 2ND OFFENSE

Cop followed my client as he was trying to get on Route 195 back to Boston. He missed the turnoff and had make a U-turn and come back. When the cop approached, he reported a strong odor of alcohol and that the client was unsteady on his feet as he exited and walked around the car. I took photos of the signage as well as the highway entrance. When I showed them to the cop, I got the him to admit on the stand that "a lot of people get confused" by the signage in that area. The judge found him not guilty, stating his driving behavior was more consistent with "confusion" than with impairment by alcohol.




WAREHAM

ALL INCRIMINATING STATEMENTS THROWN OUT

At the station, when advised of his Miranda Rights, my client simply said, "I don't wish to make a statement." Then the officer asked him a series of questions in their OUI computer form including, "Where were you coming from?" and "How much did you have to drink tonight?" The officer and DA claimed they were "routine booking questions" they always ask. The Judge said on the bench he was "aghast" at the practice, suppressed my client's answers and instructed the police to discontinue such practices.




1.21.16; WAREHAM


'HE SAVED MY JOB'
ONE HIGH CALIBER LAW FIRM

I was arrested for OUI and lost my license for six months for not taking the breath test. My boss told me if I didn't have a valid license by January 31, he would fire me. I called Joe on January 12 and he went right to work for me. He contacted the court and got all the discovery overnight and wrote 3 detailed reports and then advised me how to proceed. He drew up a motion to have my case heard one month early and convinced the DA and court to do so. Then he provided me written instructions on how to get my license back in a few days. When I told my boss this, he let me keep my job. Call me: Anthony- 508. 967.5028