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Jos. Waldbaum, Esq.

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WORCESTER CASES



CHRIS;     401.742.2141
6.7.17; MILFORD-WORCESTER
FAILED BREATH TEST [.14]
BUT NOT GUILTY 2ND OFFENSE

Cop saw me go over the centerline and followed me. I turned into someone's driveway and shut off my lights but the cop approached me. I admitted drinking an hour ago and they found a vodka bottle on the back seat. I hopped all over the place trying to do the one leg stand and was arrested. Joe got the breath test thrown out of court and then advised me to go to trial. Joe stressed that the cop followed me over 1 1/4 miles and saw only one lane violation, that I signaled all turns and showed the cruiser video showing no difficulty getting out of my car, walking normally and no slurred speech.

'HE LEFT NO STONE UNTURNED IN MY DEFENSE'

SCOTT:     401.603.6281
10.19.16; UXBRIDGE-WORCESTER
NOT GUILTY 2ND OFFENSE;
NOT GUILTY RECKLESS DRIVING

Civlian called police to report that client backed out of driveway swerving and appeared to be drunk. At trial, cop testified Scott had a strong odor of alcohol, bloodshot and glassy eyes and was unsteady on his feet.  I stressed that he pulled over promptly and safely, was able to produce both his license and registration quickly and without difficulty, and that any unsteadiness getting out of the car was due to being asked to walk towards the cruiser's headlights and flashing "takedown" lights which -- as I got the cop to admit on the stand during trial -- were still on !!  Judge found reasonable doubt and immeidately restored his licnse.  

See judge's order restoring license.

'FANTASTIC IN COURTROOM.
FAR MORE EXPERIENCED THAN THE DA'

SEE ORDER RESTORING LICENSE

CHARLEY;     401.524.4174
4.21.16; UXBRIDGE-WORCESTER
NOT GUILTY 2ND OFFENSE
3 YEAR MA REFUSAL SUSPENSION OVERTURNED

RI driver arrested for 2nd OUI lost his right to drive in MA for three full years for refusing breath test. I guided him through the complex process of fighting this at the MA RMV (which must be done within 15 calendar days of the arrest). I then appealed their denial to a judge who reinstated his license so he could drive to court legally while the case worked its way towards trial over one year. For trial, I had requested the booking video preserved. There, I showed the jury he was able to walk perfectly normally over to the phone on the wall and dial it with no difficulty whatever graphically demonstrating both his gross and fine motor skills were perfectly intact. Not guilty in 15 minutes.

See judge's order restoring license.

SEE ORDER RESTORING LICENSE

NICK;     508.826.9906
WORCESTER
OUI-DRUGS MARIJUANA
NOT GUILTY

'I'd been involved with the court system before and had many lawyers. Most of them did nothing for me.  I heard many good stories about what Joe did for other clients and so had lots of faith in him.  He's the best lawyer I ever dealt with.  He kept me informed, checked in with me regularly and knew exactly what he was doing at all times. It couldn't have worked out better. He even waived my last payment so I could go out with my friends and celebrate. Very nice guy.' 

'JOE KNOWS EXACTLY WHAT HE'S DOING.'

PETER;     508.902.8064
MILFORD, WORCESTER
FAILED BREATH TEST TWICE LEGAL LIMIT, 3RD OFFENSE:
NOT GUILTY ....FOR THE 2ND TIME!

Joe represented me in '06 charged with my 3rd DUI and got me acquitted despite the testimony of 2 witnesses. Then he convinced the judge to restore my license despite the years long suspension for refusing the breath test. In 2013, I was arrested again and took the breath test but blew a .15--almost twice the legal limit. He got the breath test thrown out at a Motion to Suppress Evidence. At trial,  the cop swore I failed all the field tests but Joe convinced the jury to disregard them since they were done at 3 AM while facing the flashing lights of two police cars.

TWO 3RD OFFENSE TRIALS - TWO NOT GUILTYS!

WORCESTER

OUI CHARGES DISMISSED

My client had been arrested for speeding and OUI. On the day of Trial, the cop did not appear. The DA simply wanted to re-schedule trial for another date. I asked the Judge to inquire if the cop had ever actually even been summonsed by the DA's office. The DA sheepishly admitted he had not. I then made a Motion to Dismiss for lack of prosecution. The Judge granted the Motion. Case dismissed.




WORCESTER

3 YEAR BREATH TEST REFUSAL SUSPENSION REVERSED

A second offender refused the breath test and the RMV suspended him for 3 years. After an RMV Hearing, we then appealed to a District Court Judge using reasoning based on a recent Superior Court decision. The Judge agreed with my argument, finding that the RMV had ‘exceeded its statutory and constitutional authority.’

RESULT:  The Judge ordered his license restored immediately.



UXBRIDGE -WORCESTER

NOT GUILTY AFTER SAYING
"I CAN'T DO THAT TEST WHEN I'M SOBER"

My client was stopped for a lanes violation and admitted to drinking wine. When asked to walk a straight line heel to toe, he said, "I can’t do that test when I'm sober." At Trial, I presented the booking video, showing him standing in front of the desk for a full ten minutes without swaying. I argued that created the required reasonable doubt. The Judge agreed and we beat a DWI.

Result: 5 year license loss avoided for 2nd offense.
OK to email client:  dmat023@aol.com



WORCESTER

HITS 4 CARS, LEAVES SCENE + 2 DRUG CHARGES - GETS WORK LICENSE

My client hit 4 parked cars and left the scene. When caught, she admitted she was drunk. Also charged marijuana and cocaine possession, each carried an additional one year license loss. I prepared a Memorandum informing the Judge she was a student with a 3.0 GPA and worked as a waitress to go to school. Result: CWOFs on all 7 charges and a Work License 3 days later




MILFORD - WORCESTER

NOT GUILTY: 3RD OFFENSE
5 YEAR REFUSAL SUSPENSION ORDERED REVERSED

Client was facing his third offense, a mandatory jail sentence of six months to two and one half years plus a five year refusal suspension. After considerable effort during discovery, I obtained the booking video from the Police Department. At trial, I was able to show the Judge how he was able to remove his belt and jewelry with no problems, thus showing he retained fine motor skills and there were no signs of swaying or unsteadiness during the 30 minute video. I argued this created the requisite reasonable doubt. The Judge agreed. Then, at a subsequent Hearing, the judge ordered his license fully restored.




MILFORD - WORCESTER

HERE'S HOW I BEAT A DUI FOR THIS CLIENT:
THIRD OFFENDER NOT GUILTY NO JAIL OR 13 YEAR LICENSE LOSS

A civilian cell phone caller testified that my client had twice crossed into the opposite lane completely. He was charged with his 3rd offense and faced a mandatory jail sentence of six months up to two and one half years. I made a copy of the videotape of his booking procedure and produced it at Trial. For 28 minutes, it showed no unsteadiness on his feet or other signs of intoxication. I argued to the Judge this created the required "reasonable doubt" despite the testimony of the two witnesses.

Result:
No 6 month jail term and no 13 year license loss



WORCESTER

UNDER 21, OVER 100 MPH:
NOT GUILTY

Trooper saw client speeding over 100 mph and stopped him. Underage driver admitted to coming from a bar and consuming three drinks in the past hour. Plus, he was unsteady exiting the car, performing the field tests and was surly and uncooperative with officer. I convinced the Judge the late hour [2 AM] and other conditions explained his behavior and created reasonable doubt. The Judge agreed.




WORCESTER - UXBRIDGE


JOE WALDBAUM WORKS MIRACLES AS A MASSACHUSETTS DUI ATTORNEY!

"My husband was stopped for his 2nd offense, refused the breathalyzer and automatically suffered a three year refusal suspension. Mr. Waldbaum worked tirelessly. He went to Court, filed and argued Motions, gave us expert advice, visited the scene of the arrest himself, took photos and shot a video. All this resulted in a "not guilty." My husband's license was fully reinstated. We now have our life back. Thank you again, Joe."




UXBRIDGE - WORCESTER


'AS A CLIENT, I AM VERY APPRECIATIVE'

"Your excellent knowledge of the Mass. DUI law and astute and subjective knowledge of the county judicial system was what worked to protect me and defend my case. I believe without your direct involvement, my case would not have turned out as favorably."

                                        Sincerely and with much gratitude,   Thomas