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.
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