Beat a DUI –
Massachusetts DUI Case Victories
To beat a DUI in Mass, hire an attorney who knows how to fight a DUI. Joseph Waldbaum has won over 75% of his trials. Plus, you can easily contact over 100 of his grateful clients.
3 YEAR REFUSAL SUSPENSION REVERSED
Even though his prior OUI was over 30 years previously, client was arrested and charged as a second offender. After refusing the breath test at the station house, the RMV suspended him for three full years. To challenge this, the fight must be started within fifteen calendar days. I walked him through the complex process of how to do this and ultimately a judge restored his license. This saved him three full years without any form of license whatever.
LICENSE RESTORED SAME DAY
Client found sleeping in running car. Strong odor of alcohol; repeated cop's questions back to him. Unsteady on feet. Once retained, I immediately submitted a motion to preserve the booking video [frequently deleted after 30 days]. It showed him walking normally cuffed behind his back and speaking completely normally. After playing it for the judge, we got a not guilty and the judge restored his license the same day.
3 YEAR REFUSAL SUSPENSION REVERSED
FOR 2ND OFFENSE
Client was charged as a second offender and refused to take the breath test when offered at the police station. (The breath test at roadside does not count.) The Registry suspended him for 3 full years. I guided him through the complex process of appealing this at the RMV and then before a judge in court. The judge reversed the RMV and restored his right to drive while the case was still pending.
3 YR. REFUSAL REVERSED ON 2ND OFFENSE
At the station, my client refused to take the breathalyzer test and the RMV suspended his license immediately for three years, He retained me and I instructed him that this is the major portion of license loss for a second offender and the fight against it must be started within fifteen calendar days of the arrest. We were successful and he got his license back while the case was still going on in court.
THREE YEAR REFUSAL SUSPENSION REVERSED
Client was arrested for his second OUI charge and wisely refused the breathalyzer test at the police station. The Registry immediately suspended his license for three full years. We guided him through the complex process of fighting this at the RMV [which must be begun in fifteen days] and then on appeal to a judge in court who reversed the RMV and restored his license [see link below]. He was then able to drive legally while the case proceeded towards trial.
3 YEAR REFUSAL SUSPENSION REVERSED
Client was arrested for his second DUI offense and refused to take the breathalyzer when he reached the police station. The RMV suspended him immediately for three full years. We guided him through the complex process of fighting this at the Registry which must begin within fifteen calendar days of arrest. We then appealed it to a judge in court who restored his license after a court hearing. He was then able to drive legally while the case was still pending.
3 YEAR REFUSAL SUSPENSION REVERSED
Client was stopped because his truck tires were "outside the fenders." He refused the breathalyzer at the police station. Unfortunately, the RMV suspended him for three years for doing so. I guided him through the process of challenging this suspension first at the Boston RMV and then appealing it to a judge in court where we won. He was then able to drive again while the case was still pending in court.
3 YEAR REFUSAL SUSPENSION REVERSED
AFTER 2ND OFFENSE
My client as arrested for his second OUI and refused the breath test
when he reached the police station [The breath test at roadside is a
screening test only and is inadmissible in court.] The RMV suspended his license for a full three years. I guided him through starting the
challenge at the RMV within the required 15 days. After the RMV refused
to restore his license, I appealed it up to a judge in court and we won.
He can now drive legally again.
RMV REFUSAL SUSPENSION REVERSED
My client suffered a 180 day license suspension for the breathalyzer refusal. She needed to be able to drive to continue her job as an EMT. We instructed her exactly how to challenge this suspension at the Boston RMV within 15 days of her arrest. We then appealed the RMV denial to a judge in Court who lifted the refusal suspension.
UNDER 21 THREE YEAR REFUSAL SUSPENSION REVERSED
My client was 19 years old when arrested for his first OUI. The RMV imposes a draconian three year suspension for underage drivers who refuse the breath test at the station. Plus, there are only 15 days to fight this. I guided him through the complex process of fighting this first at the Boston RMV and then via an Appeal in the court. There, the judge overturned his three year suspension saving him 3 full years with no license.
My client was found passed out in her car by the side of the road. She was covered in vomit and reeked of alcohol. She was unsteady on her feet and argumentative with the police. I analyzed her case and wrote her several reports. Because she passed the ABCs and reached 30 on the one leg stand test, I recommended she try the case. On the day of trial, we were fully prepared to fight to the finish when the Judge dismissed the case.
NO FINES, NO ADDITIONAL LICENSE LOSS, NO PROBATION, NO CONVICTION
BOSTON / WEST ROXBURY
FAILED BREATH TEST SUPPRESSED
My client had been in a bad accident, was arrested, took the breathalyzer and registered over limit. After reviewing the test documents, I saw they indicated he had only been observed for 11 minutes before the test, not the 15 that are required. After an extremely hard fought Motion to Suppress Evidence, the judge called for briefs. I submitted an extensive one, along with a transcript of the Hearing. Two months later, the Judge ruled in our favor: the breathalyzer evidence was excluded.
FAILED BREATH TEST THROWN OUT OF COURT
My client was arrested after a chase by the police and elected to take the breathalyzer at the station house. He failed it over limit and his license was suspended immediately. After viewing the booking video, I could see that the test was not properly administered and recommended my client challenge it. After a full Hearing on my Motion to Suppress evidence, the Judge threw the breath test out of court.
RUNS RED LIGHT, DRIVES OVER LAWN, HITS GUARDRAIL:
NOT GUILTY OUI
Before the accident, client was seen speeding 20 mph over the limit and weaving in and out of traffic. Cop followed him and saw him run a red light and shut off his headlights as he entered a residential section. The cop then found him after he had driven over a lawn and hit a guardrail. He testified he was unsteady on his feet, smelled of alcohol, had bloodshot and glassy eyes, slurred speech and many open containers of alcohol in the vehicle. Verdict: Not Guilty of OUI
NOT GUILTY DESPITE BAD ACCIDENT
Client rear-ended the car in front of him. According to the State Police report, both vehicles sustained " significant damage" and the airbags had deployed in my client's car. The trooper's report indicated his eyes were red as well as bloodshot and he had an odor of alcohol about his breath as he spoke. Both drivers were taken to the hospital and the trooper, who was an accident reconstruction specialist, concluded my client had been traveling "significantly in excess of the 65 mph speed limit." At the trial, I argued the deployed airbags were the likely cause of his red and bloodshot eyes and that an odor of alcohol alone is insufficient proof of impairment. The judge agreed saving my client an OUI conviction.
CLIENT SAVED ONE YEAR MANDATORY MINIMUM JAIL SENTENCE
My client was charged as a third offender which carries a six month jail term. However, his license had already been suspended for two other OUIs. Then the DA added the dreaded new charge under Melanie's Law of 'OUI after Suspension for OUI.' This carries a mandatory minimum one year sentence which must be served only AFTER all other sentences are completed. Thus, he was looking at an absolute minimum 18 months in jail.
After my negotiations with the DA, I got her to drop the one year mandatory minimum sentence in exchange for a six month jail sentence thus saving him one year in jail.
5 YEAR REFUSAL SUSPENSION REVERSED AFTER 3RD OFFENSE
Client wisely refused to take the breathalyzer when he got to the station. However, since he was facing his third drunk driving offense, the RMV suspended him for 5 years for the refusal immediately. After an unsuccessful Hearing at the Boston RMV, we appealed the RMV decision to a judge in Salem District Court. The judge restored his license the very next day.
MANDATORY JAIL AVOIDED:
CALL ROBERT @ 978-621-8937
I had no idea how to fight a DUI after I was arrested. I was charged with Child Endangerment while OUI which carries a mandatory jail sentence of 90 days and a one year loss of license. Joe guided me through the whole process at the Registry and in Court. He had obviously been through this all many times before and truly knows his stuff. I couldn't recommend him more highly and was lucky to have him by my side. If I'd hired another Attorney, jail might very will have been the result. OK to call me to confirm all this.
3 YEAR REFUSAL SUSPENSION REVERSED
After he refused the breath test, the RMV suspended my client's license for 3 years. That meant a 2 hour commute each way every day. I guided him through the process of how to fight this and won.
CLIENT'S THANK YOU NOTE: "Thanks for calling today before court. I can't begin to tell you how much easier my life is now that you got my license back. I am in the process of moving closer to work. Without my license it might have taken another month or 2 since I did all the moving myself and had to depend on friends to drive me and a car full of boxes back and forth. With the license I did it in 3 days."
NOT GUILTY AFTER FAILING 4 SOBRIETY TESTS
An international oil trader had been speeding 88 mph in a 45 mph zone and failed four roadside field sobriety tests. At trial, I argued that performing these tests perfectly by the side of the road in dress shoes at 4 AM is impossibly difficult. Result: we obtained a not guilty.
3 YEAR REFUSAL SUSPENSION OVERTURNED
Client was a second offender and refused to take the breathalyzer test when he got to the police station. Because of his refusal, the RMV suspended him for three full years. I appealed the RMV's decision to a judge in Court and convinced the judge to restore the client's license. This saved him three full years with no license whatsoever because no hardship license is available during the refusal suspension.
FAILED BREATH TEST THROWN OUT
Client was stopped for speeding and arrested for OUI. He failed the breathalyzer at the station a well over the legal limit. Before advising him how to proceed, I insisted on scrutinizing the booking video and discerned that the breath test was not properly administered. I was able to show this to a Judge at a Motion to Suppress Hearing. The Judge agreed and excluded the breath test from evidence at Trial.
BOARD OF APPEALS, CONCORD COURT
8 YEAR REFUSAL SUSPENSION REDUCED TO 45 DAYS
Client had received an eight year license suspension of his driving license from the Registry of Motor Vehicles based on their 1978 records showing him to have faced a 3rd offense. I researched the old charge and discovered Probation records which showed his guilty finding was revoked later that year but never reported to the RMV. I presented these in a Memorandum with Exhibits to the three member Board and argued for the immediate restoration of his full privilege license.
The Board agreed and restored his license the same day.
OUI 2ND DISMISSED; 3 YEAR REFUSAL SUSPENSION OVERTURNED
When the cop didn't show on the Motions date, I argued to the Judge that the Officer had an obligation to the Court itself and didn't fulfill it. The Judge agreed and dismissed the charges.
After that, I handed the Judge an Order to sign restoring my client's license despite the 3 year loss from the RMV for refusing the Breath test. He signed that too and my client's license was restored the same day.
Result: no 5 year license loss and full privilege license immediately restored
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.
91 MPH AND .16 FAILED BREATH TEST: 4 OF 5 CHARGES DROPPED
Clocked by radar speeding and tailgating at 91 mph. my client blew an over limit .16 and an .18. With 5 infractions already on his license, if responsible on all 5 of the new charges, he would have triggered an additional 60 day suspension for which no work license is available and lost his job. I negotiated a plea deal where 4 charges were dropped outright. Result, the additional 60 day suspension was not triggered; he got a work license and kept his job.
OUI-DRUGS: ILLEGAL SEARCH
INCRIMINATING PILL BOTTLE SUPPRESSED
Client was stopped for erratic driving and admitted taking Vicodin. He told the officers he had a prescription bottle in his coat pocket beside him. The officer reached in the open window, extracted the coat, searched the pockets and found the incriminating pill bottle. At my Motion to Suppress, I argued that he had not given legally sufficient permission to the officer to reach into the car, seize his coat and/or search the pockets. The judge agreed.
BOSTON - DORCHESTER
LIFETIME DRIVING SUSPENSION OVERTURNED
My client had his Massachusetts driver's license suspended for life for refusing the breathalyzer test on his most recent arrest. I researched the paperwork on his prior cases from 30 years ago and made copies. I brought him before the Board of Appeals and argued that the handwritten dispositions were ambiguous, at best, and he deserved the benefit of the doubt. The Board ruled in our favor, reversing the lifetime suspension and reducing it to just five years. He now will be able to get licensed again.
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.
NOT GUILTY; SECOND OFFENSE
DESPITE 'PERFORMING POORLY' ON THE FIELD TESTS
The trooper said I smelled of alcohol, had red, glassy, bloodshot eyes, and performed poorly on the field sobriety tests. Plus, he testified I didn't blow into the breath machine correctly and called it a refusal causing a three year license loss. At trial, Joe stressed to jury:
Jury verdict: Not guilty.
- it was 2:30 AM,
- there was no erratic driving as he followed me for one and a half miles,
- he said there was nothing abnormal with my fine motor skills, and
- he never noted that my speech was slurred in his 4 page report.
I STILL FACED A 3 YEAR REFUSAL SUSPENSION
BUT JOE CONVINCED THE JUDGE TO RESTORE MY LICENSE!
ORDER RESTORING LICENSE
2ND OFFENSE REDUCED TO 1ST
$2200 SAVED AND NO IGNITION INTERLOCK REQUIRED
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
DUDLEY - E. BROOKFIELD
NOT GUILTY - 3RD OFFENSE
"Charged with my third offense, I faced mandatory jail time of 6 months, a 13 year loss of license and the loss of my job and pension. I needed a damn good drunk driving lawyer. Attorney Waldbaum did everything carefully, deliberately and ultimately, correctly. He's very smart, knows a lot about the system, and won't B.S. you. He tells you straight up what could happen to you and what's going on. I cried when the Jury said, “Not Guilty.“
"He made the cop squirm on the witness stand for every lie."
FIRST I OVERTURN HER 3 YEAR REFUSAL SUSPENSION
THEN GET HER A NOT GUILTY ON HER 2ND OFFENSE
Client was found by 3 cops fast asleep in her car with the music blaring. She was unsteady when she got out, admitted to drinking, had glassy, bloodshot eyes, and slurred speech. I accompanied her to the Boston RMV to fight the 3 year suspension fro not taking the breath test, then appealed it to a judge in Court and had her license restored just weeks after her arrest so she could drive while the case went to trial. At trial, the police testified that she had parked "asked" to the lines in the lot. However, I had gone out to the scene of the arrest and taken photos. I presented them to the judge proving the lines were barely visible in daylight, much less at two AM. At trial, she was acquitted of ALL the charges against her.
BOSTON - CHARLESTOWN
3 YEAR REFUSAL SUSPENSION OVERTURNED
My client, facing his 2nd offense, refused the breath test and the RMV suspended his license for three full years. After an unsuccessful hearing at the Boston RMV, I appealed his case to a Judge in District Court who overturned his refusal suspension the very same day I argued before him. This saved my client:
1. three years with only a limited 12 hour license,
2. three years with the breathalyzer in his car and
3. about $3600 in fees.
ALL INCRIMINATING STATEMENTS THROWN OUT OF COURT
Charged with his 3rd offense, my client made several incriminating statements about his drinking: what he had to drink, when he drank it and how much. At my Motion to Suppress Evidence, I argued that the DA did not show that my client (1.) had been properly given all his Miranda warnings at the time or, even if he had, whether he (2.) understood them and (3.) "knowingly, intelligently, and voluntarily" waived them as is required by the case law.
The Judge had no choice but to throw all his incriminating statements out of Court.
JURY ACQUITS SECOND OFFENDER IN 15 MINUTES
My client was arrested for his 2nd offense while riding his motorcycle. I argued to the jury that driving a two wheeled vehicle requires a finer sense of balance than driving a four wheeled one. Also, dismounting requires raising one leg up very high and he was able to do so with no difficulties or unsteadiness. The Sergeant testified he had him walk an imaginary line heel to toe so I asked him "How wide was that imaginary line?" As he stammered to answer, the jury got the point. They came back with a not guilty in 15 minutes.
POLICE TESTIMONY OVERCOME
When an Immigration lawyer was arrested for the first time in his life and unjustly charged with OUI, I achieved a not guilty after a two-day trial despite damaging testimony from not one - but TWO police officers - one of them a Sergeant.
4 OF 6 CHARGES DROPPED ON 1ST COURT DATE & GETS WORK LICENSE
He was charged with OUI; Reckless Driving; Speeding; Open Container of alcohol in vehicle and 2 additional moving violations. Despite a criminal record, I arranged a deal where four of the charges were dropped outright on the first Court date, allowing him to get a work license three days later. His driving record was so bad that if he was found responsible of even one additional charge he would have had no chance for a work license.
TAUNTON - BOARD OF APPEALS
3 YEAR REFUSAL SUSPENSION REDUCED TO 180 DAYS ON SECOND OFFENSE
My client had been charged with her 2nd offense. The Registry of Motor Vehicles suspended her for a full three years for refusing the breath test. I brought the case up to the Board of Appeals in Boston and convinced them to reduce her refusal suspension by a full two and one half years.
THREE YEAR REFUSAL SUSPENSION OVERTURNED
My client tried to take the breath test some 6-8 times. He completed the first test but couldn't produce enough air to complete the second one as is required. The police nonetheless charged him with a refusal and he suffered a 3 year license loss. I reviewed the police paperwork and found it inadequate. We went to a Hearing at the Boston RMV but lost. We then appealed to a Judge. He agreed with me and reversed the RMV's decision.
Client got his license back while the case was still pending in Court.
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.
NO CONVICTIONS ON ANY OF CHARGES
My client was seen by an officer commit lanes violations and was stopped. He had alcohol on his breath, slurred speech, his insurance had expired and he did poorly on the field sobriety tests. At the bench trial, I convinced the judge other factors were likely to be just as responsible for his performance (nervousness, lateness of the hour, weather conditions) and thus the DA had not proven beyond all reasonable doubt impairment by alcohol. He was not convicted of any of the charges.
OUI DRUGS 3RD OFFENSE THROWN OUT OF COURT
My client had been charged with OUI-Drugs 3rd offense for taking the antidepressant Trazodone and faced a mandatory jail sentence of at least six months. Upon researching the issue, I found the one case in Massachusetts directly addressing its legality under the MA statute. A respected Judge had done an exhaustive eight page analysis and concluded that Trazodone -- as an anti depressant --was NOT included in the list of drugs barred by the statute. I presented a copy of the case to the DA and Judge on the very first Court date and managed to get the case thrown out of Court even before my client was arraigned so it never even appeared on his criminal record at all.
JAIL AND 8 YEAR LICENSE LOSS AVOIDED
.15 FAILED BREATH TEST SUPPRESSED
I was stopped for a lanes violation and arrested. I took the breath test and it was .15--- almost twice the legal limit. After reviewing my case, Joe said he saw a possible way to have the very incriminating breath test suppressed and he was absolutely right. The otherwise tough prosecution oriented judge threw it out. That gave me a fighting chance at trial on my third offense. He won that too.
CASE DISMISSED ON DATE OF TRIAL
My client received a Summons in the mail for Leaving the Scene of an Accident. I examined the police reports, accident reports and all related paperwork. My advice: take the case to trial. On the date of trial, the two witnesses said they could not identify for certain who was driving the vehicle. Result: DA dismissed all the charges resulting in no conviction and no license loss for my client.
OUI DISMISSED -- BREATH TEST RULES NOT FOLLOWED
Mass. Police received all new computerized Breathalyzers and each operator had to use a "swipe" card identifying them. My client's arresting officer forgot his card and used another officer's, then wrote his name in by hand on the computer printout. I submitted a Motion to Dismiss. Result: the DA dropped the OUI charges on the very next Court date.
FAILED BREATH TEST PROVEN WRONG; LICENSE IMMEDIATELY RESTORED
I decided to attack my client's Registry imposed suspension for over limit breath test. I had the Police fax me 21 pages of documents which I scrutinized over the weekend, discovering the test machine's calibration was wrong. We went back to Court immediately and the DA didn't even try to oppose my Motion.
Result: The Judge signed a Court Order restoring his license that same day.
LEOMINSTER - FITCHBURG
3RD OFFENSE REDUCED TO 2ND- NO JAIL TIME
My client was facing his third offense and a mandatory jail sentence of six months minimum after crossing the center line and committing multiple lanes violations. The officer noted in his report that client could barely stand when he got out of his pickup truck. On the date of trial, I convinced the district attorney to reduce the charge from third offense - a felony -- down to second offense -- only a misdemeanor. Thus, I saved my client from a felony conviction and the concomitant mandatory minimum six months in jail.
ROAD BLOCK - LOWELL
ROADBLOCK STOP ILLEGAL - .16 FAILED BREATH TEST CASE THROWN OUT
Result: No 2 year license loss or "ignition interlock device" required.
Facing his 2nd offense, client was stopped at a drunk driving road block and registered an over limit.16 Breathalyzer –twice the legal limit. At my Motion to Suppress, I argued that the roadblock did not comply with the very strict guidelines set up by the Supreme Judicial Court for the operation of roadblocks. The Judge agreed and threw the case out of Court.
5 OF 6 CHARGES DROPPED DESPITE .19 BREATHALYZER
A Nurse ran a red light, narrowly missed hitting the cop in the intersection by "inches" then fled instead of stopping. After registering a .19 on the Breathalyzer, they "threw the book" at her, hitting her with six different charges. I prepared a Memorandum for the Judge, met with the DA, stressed her otherwise completely clean record and convinced them both to dismiss five of the six charges on the very first Court date.
3 YEAR REFUSAL SUSPENSION REVERSED FOR 2ND OFFENDER:
LICENSE IMMEDIATELY RESTORED
Western Mass. client received a full three year license suspension by the RMV for refusing the Breathalyzer test on his 2nd offense. After an unsuccessful Hearing at the Boston RMV, I appealed it to the Judge in District Court. In his written decision, he found that the RMV "exceeded its constitutional or statutory authority" and "acted in an arbitrary and capricious manner." He ordered my client's license restored immediately so he could continue to drive legally while the case was still going on.
2nd OFFENDER TREATED AS FIRST - DESPITE .24 BREATHALYZER
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
2ND OFFENDER FAILS FIELD TESTS, ADMITS TO 6 BEERS- NOT GUILTY AT TRIAL
On the 9 Step Walk & Turn test, Client took 20 steps out and 22 steps back (instead of 9 each way). Plus, he admitted first to 2 then later to 6 beers. At my Motion to suppress evidence, the Judge threw out his admission to 6 beers as in violation of his Miranda Rights. Then at trial, I showed the booking video and stressed everything my client had done right instead of wrong.
Result: Not Guilty – no jail or 5 year license loss
FRAMINGHAM - NATICK
IN 15 MINUTES, JURY FINDS 2ND OFFENDER NEVER "OPERATED" CAR
My client's girlfriend had been driving the truck and got out after an argument, leaving it in the middle of the road. My client moved over to the driver's seat and promptly fell asleep. On cross examination, I made all 3 officers admit they never actually saw him drive. The Judge had read the police report and said the case was "not triable" due to my client's extreme intoxication. The jury didn't agree: they acquitted him after deliberating less than 15 minutes
E. HAMPSHIRE - WARE
.22 FAILED BREATH TEST, 7 CHARGES, ALMOST HITS 2 COPS, GETS WORK LICENSE
The 2 cops waving at my client with flashlights had to jump out of his way. Then he fled the scene and registered an over limit .22 on the breathalyzer. Instead of losing his license for 5 years, I negotiated a deal where 2 charges were dropped outright, he received CWOFs on all other criminal charges and he lost his license for only 45 days (during which time he had a work license!).
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: firstname.lastname@example.org
MOTION TO SUPPRESS ALL EVIDENCE GRANTED
Westborough Police radioed that my client was driving into Marlborough possibly intoxicated. A Marlborough cop received the call, followed my client's car 1/4 mile, then stopped and arrested him. At my Motion to Suppress, I cross examined the officer who admitted my client had not committed a single traffic infraction, had signaled a turn properly and shown no evidence of erratic driving whatever. The (prosecution oriented) Judge suppressed the entire motor vehicle stop and all evidence obtained thereafter including three field sobriety tests, observations of the officer and all statements my client made — in other words: their entire case. The charges were completely dismissed on the day of trial.
ALCOHOL AND DRUG CHARGES DISMISSED
My 18 year old client was charged with possession of an open container of alcohol and pot on the passenger side of her car under her boyfriend's seat. I went sidebar with the Judge at arraignment and detailed her bad choice in boyfriends. The Judge agreed with me saying he'd recently sent her boyfriend to jail. He dismissed both criminal charges, saving her a 15 month license loss and a criminal record.
NOT GUILTY DESPITE ACCIDENT AND OVER LIMIT BLOOD TEST
My client was in a bad accident and taken to the hospital where a blood draw was performed showing he was over the legal limit. Plus, he admitted he was drinking a beer at the moment the accident happened. At my Motion to Suppress, this statement was thrown out. Then at Trial, the blood result was excluded and we won a Not Guilty on both the OUI -2nd offense and the Open Container charge.
.32 FAILED BREATH TEST & 2ND OFFENSE: 3 OF 4 CHARGES DROPPED & NO JAIL
Despite having an over limit breath test of .32 (4 times the legal limit!) less than two years after her previous arrest for OUI, I negotiated a deal where not even a suspended jail sentence was imposed and 3 of the 4 charges against her were dropped on the very first Court date.
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
FRAMINGHAM - NATICK
.15 FAILED BREATH TEST CASE THROWN OUT
FOG LINE NO REASON FOR STOP
The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew an over limit.15 at the station, almost twice the legal limit. I advised my client how to fight a DUI: attack the legality of the stop of the car. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his decision.
Result: ALL evidence -- field sobriety tests, breath test -- thrown out and case dismissed
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.
FRAMINGHAM - NATICK
5 BEERS IN 1 HOUR PLUS ACCIDENT: NOT GUILTY
My client had caused a bad accident pulling out of his driveway and then admitted to 5 beers in 1 hour. I pointed out to the Judge that he was obviously shaken from the crash, there were 4 emergency vehicles present all with their lights flashing and despite this his performance on 2 of the 3 field tests was still adequate. Result: Not guilty after trial.
2 YEAR LICENSE LOSS AVOIDED WHEN OUI DRUGS CHARGE DROPPED
My client was charged with OUI-Liquor, OUI-Drugs, possession of cocaine, possession of marijuana, failure to stop at a stop sign and a marked lanes violation. He registered twice the legal limit on the breath test and then admitted to the officers that he had used the cocaine right before driving. I managed to negotiate a deal where 3 of the 6 charges were dropped outright, including OUI-Drugs, only the minimum 45 day loss of license was imposed and he was able to get a work license, thus avoiding a 2 year loss of license
DUDLEY - E. BROOKFIELD
3RD OFFENDER NOT GUILTY
DESPITE .27 PBT
A career Air Force Officer crossed marked lanes 3 times, stumbled upon exiting his truck and could only recite the first few letters of the alphabet. He faced his third offense and mandatory jail. The video showed him unsteady on his feet, slurring his words and unable to spell his mother’s maiden name. I argued the events occurred at 2:30 AM in a steady rain, he had been up for 36 hours straight and his behavior was just as consistent with someone who was sleep deprived as someone under the influence. The jury agreed.
The forewoman actually threw us a thumbs up as they left the jury box!
NOT GUILTY: DINNER RECEIPT + DOCTOR'S REPORT DIAGNOSING 'GERD'
My client and 12 year old daughter went to the Police to report a restraining order violation. The cops refused to take a report and insisted she perform 5 field sobriety tests in front of her daughter. I moved for an immediate trial 3 weeks later and told the Judge to imagine the pressure a mother is under when forced to do such tests in full view of her children. I also produced the dinner receipt showing she had only 2 drinks 6 hours earlier, and medical reports showing she suffered from GERD [explaining the 'moderate' odor of alcohol] Result: Not Guilty and license restored that day.
3rd OFFENSE REDUCED TO 2ND: NO 6 MONTH JAIL TERM
My client blew an over limit .15 breathalyzer after a bad accident. Charged with his third offense, he faced a mandatory jail sentence of at least six months and an 8 year loss of license. I stressed to the DA that his 2 priors were from out of state and the Commonwealth would have a difficult time proving my client was the same man convicted there. The DA immediately agreed with me and reduced the charge. Result: No jail time.
DUDLEY - E. BROOKFIELD
NOT GUILTY 3RD OFFENSE DUE TO ODOR OF SOLVENTS
My client was stopped for a minor lanes violation and charged with his 3rd offense, thus facing mandatory jail time and a thirteen year license loss. He had been working in a small bathroom all day using solvents to remove floor tile. His clothes reeked of this and caused his breath to mimic the smell of alcohol. I called the homeowner for whom he had been working to testify at trial to verify these unusual facts. The Judge gave us a "directed verdict" of not guilty. Plus, he then reversed client's five year refusal suspension so he got his license back.
LIEUTENANT AND OFFICER BOTH TESTIFY - NOT GUILTY
My client was clocked speeding at 70+ mph in a 35 mph zone. The Police Report noted a "strong odor" of alcohol and "severely" bloodshot and glassy eyes. Then he admitted to drinking beers only 30 minutes previously and failed 2 of the 3 field tests. Plus, at Trial, the Lieutenant who booked him testified and said he also thought my client was OUI. I argued to the Judge that his good performance on one of the tests and the lateness of the hour (2:30 AM) created reasonable doubt. The Judge agreed: Not Guilty
LICENSE IMMEDIATELY RESTORED
My client suffered from COPD (Chronic Obstructive Pulmonary Disease). Though she tried to take the breath test 5 times, police mercilessly accused of 'blowing out of the side of the tube.' I had her doctor compose a letter describing her condition and giving his opinion she could not perform such a strenuous test. Result: as soon as the Registry Hearing Officer saw my Memorandum she immediately restored my client's license and waived any fees.
WORK LICENSE GRANTED FOR 2nd OFFENSE
My client needed a "Hardship License" for work and had tried, unsuccessfully, to obtain one by representing himself first before the Registry and then the Board of Appeals. After he retained me, I organized all the required documents into one easy-to-read Memorandum addressing sequentially each of the nine points I know the Registry will scrutinize. When the Hearing Officer saw it, he said, "If everyone did this, it would make my job much easier." He then granted my client's work license.
BREATHALYZER REFUSAL OVERTURNED
An out of state resident volunteered to take the Breathalyzer but, due to her asthma, could not produce enough air to get a reading. The police hit her with a refusal suspension, resulting in a 180 day suspension in Massachusetts (and an even longer one in her home state). I asked her doctor to write a letter, presented it with my 10-page petition to the RMV and, after a 30 second Hearing, her right to drive in Massachusetts was reinstated.
MASSACHUSETTS APPEALS COURT:
OUI CONVICTION REVERSED (REPORTED IN MASS. LAWYERS WEEKLY)
In a case originally tried by another attorney, I prepared an appellate brief. I argued that my client was denied an otherwise substantial available ground of defense when the trial attorney failed to object to hearsay evidence concerning the operation of the car. The conviction was reversed on my brief alone.
FEDERAL COURT OF APPEALS (PUERTO RICO):
25 YEAR SENTENCE OVERTURNED
In a federal drug case involving seventeen defendants and twenty one days of trial, my client had received a 25 year sentence as a 'kingpin'. Representing him on appeal, we argued that the Spanish transcripts of tapped telephone conversations had never been translated into English and were thus unreviewable by the English language appellate Courts. Result: 25 year sentence vacated.
FACING THIRD OFFENSE, ENDS UP WITH HARDSHIP LICENSE
My client was stopped for speeding and charged with her 3rd offense. Before appearing in Court, I went to the RMV and obtained her complete driving history all the way back to the beginning. After presenting it to the Judge, I was able to convince him that one of her priors was an error and since the other was over ten years old, she was entitled to be treated as a first offender all over again. Instead of mandatory jail, she was able to get a hardship license immediately.
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.
FIVE YEAR REFUSAL SUSPENSION REVERSED
Facing his 3rd offense, client had refused to take the breath test and suffered a five year license suspension. I prepared an Affidavit and Memorandum for a Hearing at the Boston RMV claiming that his refusal had not been witnessed properly on the required "Statutory Rights and Consent Form." When the RMV denied our claim, I appealed it to District Court and convinced the Judge otherwise.
The Judge found the RMV "made an erroneous interpretation of the law and exceeded its constitutional authority."
FAILED BREATH TESTS AND 3 FIELD TESTS:
NOT GUILTY- SECOND OFFENSE
Cop testified my client smelled of alcohol, had slurred speech, failed the backwards counting, the 9 step walk and turn and the one leg stand field sobriety tests. At the station, my client was over limit and failed the breath tests as well. I stressed to the Court all the things my client had done right [no problems driving, producing license and registration, followed cop's instructions, etc.] and that the breath test was done over one hour after he was arrested and thus should be discounted.
The Judge agreed. Not Guilty.
PROBATION INSTEAD OF MANDATORY JAIL TIME
My client had been convicted for a NH operating under the influence charge in which he had blown over the legal limit. Then, he was caught driving again in Massachusetts. I chose to discuss his case with a DA with whom I had dealt before and knew was willing to deal. He agreed to reduce the charge , eliminating the mandatory jail provision. The Judge rubber-stamped it.
My client avoided jail and kept his well paying job!
ALMOST HITS POLICE CRUISER;
NOT GUILTY OF SECOND OFFENSE
My client crossed the fog line and almost hit a state police cruiser. When he was finally stopped, his clothes were disheveled, his speech was slurred and there was a strong odor of alcohol on his breath. He was unable to complete the alphabet test and was arrested for his 2nd offense as well as obstructing an emergency vehicle. He was found not guilty: no mandatory jail, no two week hospital treatment program, no fines, no fees, and no probation.
“YOU REALLY DID A GREAT JOB!”
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.
No 6 month jail term and no 13 year license loss
COLLEGE GRAD WHO COULDN'T RECITE ALPHABET ACQUITTED
A summa cum laude UMass grad was speeding 87 mph in a 65 mph zone, couldn't say the alphabet and failed all four field sobriety tests. Then the cop testified he had crossed the center line by "a foot and a half" for "10 to 12 seconds" at least "two to three times." On cross exam, I asked him to underline the sentences in his Report where he recorded any of those assertions. Not even one was in his Report and he lost all credibility with the Judge.
OUI: Not Guilty
Lanes Violations: Not Responsible
THREE YEAR RMV LICENSE REFUSAL SUSPENSION OVERTURNED IN COURT
In a bad accident, my client lost control of the car, struck a traffic signal, crossed the center line and ended up in the opposite lane of travel with heavy front end damage. The RMV then suspended him for three years for refusing the breath test. I then appealed the license suspension to a Judge in District Court and convinced the Judge to reverse his suspension so he got his license back while the case was still going on.
The Judge ruled the RMV "acted in an arbitrary and capricious manner."
"AND HE DIDN'T CHARGE ME AN ARM AND A LEG UP FRONT!"
It was a bad accident. I hit a parked car, drove it onto the sidewalk into a set of stairs and structurally damaged them. Then I admitted to the cop I had “a few." He testified I smelled of alcohol, was unsteady, had bloodshot, glassy eyes and failed the field tests. They even video recorded me doing them [and not very well!] back at the station house. No matter. Joe told me he could win the case at Trial and that's exactly what he did. No fines, no Probation, no alcohol programs, nothing.
Plus, he went to Court many, many times and charged me no extra money.
FAILED BREATH TESTS - NOT GUILTY AT TRIAL
Melanie’s Law dictates if you blow .08 or over you are guilty of OUI. Period. Client had blown .09-- twice, admitted to coming from a bar and having four drinks over the past hour. Plus, the cop didn’t like the way he did the field sobriety tests. I advised him not to plead guilty and not to have a Jury Trial. We did so and he received a Not Guilty -- despite the two over limit breath tests.
ALMOST HITS COP CAR, ADMITS TO 4 DRINKS:
A single mom went speeding out of a night club parking lot and almost hit a police car. After being pulled over, she admitted to the officer she had four drinks. At trial, we admitted her medical records showing a back condition explained the unsteadiness on her feet and difficulty exiting the car. Result: Not Guilty after trial. Plus, she was found 'not responsible' on the charge of 'Failure to Yield at an Intersection' after I presented the Judge with a Supreme Judicial Court case deciding an intersection is the crossing of 2 streets (not a parking lot and a street).
NEWBURYPORT - IPSWICH
CLIENT: "IF I DIDN'T ADMIT I WAS DRUNK, WOULD YOU STILL HAVE ARRESTED ME"
RESULT: NOT GUILTY
Charged with his 2nd offense, client was stopped for speeding 71 mph in a 45 zone and straddling the fog line. After failing 2 sobriety tests and admitting to 4 drinks, he made the above statement to the cop at the station after being arrested.
I got the cop to admit on the stand he waited in that area nightly because "he caught a lot of speeders on that stretch." Then I demonstrated the 2 sobriety tests in front of the jury, pointed out they were done at 1 AM on the fog line of a highway with CARS SPEEDING BY just 2-3 feet away.
(If convicted, my client would have lost his license for 2 years and his dream job as a cameraman at a top TV news station.)
3 YEAR REFUSAL SUSPENSION REDUCED TO JUST 6 MONTHS
My client, charged with his 2nd offense, had refused the Breathalyzer and the RMV immediately suspended him for a full three years. I advised him that there was a loophole in the then current statute allowing for a reduction of this to just 6 months through the Board of Appeals. I presented the Board with my Memorandum detailing this and the Board accordingly reduced his three year suspension to just six months.
This saved him two and one half years without a license.
FRAMINGHAM - NATICK
PROBATION INSTEAD OF ONE YEAR MANDATORY JAIL SENTENCE
Under Melanie's Law, having been arrested twice in one month for OUI, my client was facing a minimum mandatory jail sentence of ONE FULL YEAR every day of which had to be served. I presented the DA with a "Motion with Exhibits" from the RMV showing his license was suspended not for the prior OUI but for the breath test refusal only.
Result: DA dropped the minimum mandatory charge on very next Court date
UNDER 21, OVER 100 MPH:
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.
SOMERVILLE & BOSTON
MANDATORY JAIL SENTENCE AVOIDED
The defendant had already pled guilty to OUI 2nd offense in Boston and had his license suspended for five years. Foolishly, he drove before the suspension expired and was arrested and charged in Somerville with operating after suspension for OUI. This charge carries a mandatory jail sentence of 60 days. This was further complicated because he was still on Probation in Boston and could be sent to jail by that Court merely for getting arrested again.
I first represented him while he was being held in jail at Somerville. I went sidebar and informed the judge that he was suffering from AIDS and complications and took 2-3 dozen medications per day. In other words, incarceration would likely kill him. The Judge convinced the DA to reduce the charge to mere Operating after Suspension and he received only a fine and was immediately released from jail and into my custody.
Then I represented him at his Probation Violation Hearings in Boston and managed to avoid the jail sentence from being imposed there as well.
BOSTON- BOARD of APPEALS:
5 YEAR SUSPENSION REDUCED BY 4 1/2 YEARS
Client, a third offender, had been suspended for five years for refusing the breath test. Utilizing a loophole I found in Melanie’s Law, I appealed his suspension to the Board of Appeals in Boston and convinced the three member Board this was an error. They agreed.
This saved him four and one half years without a license and $5400 in ignition interlock fees.
.131 PBT + ADMITS TO 5 BEERS, NOT GUILTY
The cop followed my client and testified he committed "several lanes violations" and noted a "moderate" odor of alcohol on his breath. Then the client admitted to 5 beers in a short period of time, got out of the car and made several errors on the field sobriety tests.
Result: Not Guilty after Trial and license restored.