WOBURN DISTRICT COURT

WOBURN, MASS. OUI/DUI/DWI LAWYER

My client, a third offender, had been in a bad accident. Unfortunately, he told police he took three different medications the night before. During my investigation, I discovered his Miranda form had not been signed and brought a Motion to suppress all his statements. The DA argued the Judge could simply "infer" he was properly Mirandized. Instead, she allowed my Motion and threw out all my client's statements saying,

My client had been assigned to a DWI program out of state for Reckless Driving [which can count as a prior OUI in Mass] so the DA charged 2nd offense. I reviewed the statutes and produced a Memorandum showing that the DWI program had to be done as a result of a "like violation." I convinced the DA Reckless Driving didn't contain a per se or impairment element and thus didn't suffice. She agreed and reduced the charge.

Client saved $2200 plus the embarrassment of an ignition interlock in his car

"The Judge told Joe under Melanie's Law we couldn't tender a Plea at Arraignment. When Joe told her there was no such provision and asked her to cite it, she told him to look at the statute himself. After reviewing 23 pages and again telling her it's not in there, she angrily said she'd find it herself. Red-faced, she returned to the bench 20 minutes later saying 'You're right, Counselor, let's proceed as you requested.'"

Moral:

Just because a Judge tells you something doesn't mean you have to agree with it!

My client's Breathalyzer was three times the legal limit. Although his prior offense was just over the ten year "look back" period, I convinced the Judge to give him a chance to be treated as a first offender. Result: rather than a full 2 year license loss, he got a work license and kept his job