Jos. Waldbaum, Esq.

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.

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.’

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.

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

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.

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.

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.

"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."

"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