Attorney
Joseph Waldbaum
Massachusetts OUI, DUI, DWI
Drunk Driving Defense Lawyers

Attorney
James Dunn

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Waldbaum & Dunn OUI Defense


Joseph Waldbaum Locations: Boston, Beverly, Northborough, North Andover, Walpole

 

FAILED BREATH TEST WINS:

Mr. C;     508-523-8185 WESTBORO
3 TIMES LIMIT FAILED BREATH TEST THROWN OUT
NOT GUILTY 2ND OFFENSE​

"I don’t know how Joe did it but at a motion to suppress evidence, he got my .22 breath test thrown out of court. That gave us a fighting chance at trial. During his cross exam, he made the cop admit to a long laundry list of everything I had done right, instead of what I did wrong."

'AFTER JOE'S CLOSING ARGUMENT,
EVEN I WOULD HAVE VOTED NOT GUILTY."
 
REBECCA;     508.239.3092 7.29.19; WRENTHAM
NOT GUILTY
DESPITE FAILED BREATH TEST & FIELD TESTS

I was stopped after spinning my tires. I admitted I had been drinking. Cop said I had bloodshot and glassy eyes, was unsteady on my feet and failed the one leg stand and 9 step test. Then I failed the breath test at the station. Joe negotiated the exclusion of the failed breath test giving us a fighting chance at trial. He then obtained my medical records showing I had foot issues which explained my unsteadiness and presented them to the jury. He performed perfectly at trial. They took less than an hour to acquit me.

'JOE PRESENTED MY CASE PERFECTLY TO THE JURY'
 
BERT;     860.306.0107 5.30.19; NATICK-FRAMINGHAM
FAILED BREATH TEST; NOT GUILTY

Trooper saw Bert cross marked lines 5 times and stopped him. He wrote that  Bert had bloodshot eyes, slurred speech and a strong odor of alcohol. Bert also told the officer he had his last drink one hour before the stop.  He was arrested after doing the field sobriety tests.  At the barracks he took the breathalyzer test and failed it. At trial, we argued that he was able to produce both documents without issue showing nothng worng with his fine motor skills and that he exited the car perfectly normally and walked perfectly normally creating the necesary reasonable doubt. Judge found him not guilty.  He was also found not resposiible  of failure to signal and the marked lanes violations.

'ATTORNEY DUNN IS AN EXPERIENCED,
PROFESSIONAL OUI EXPERT.'
 
STEPHEN;     901.351.5486 4.18.19; CONCORD
FAILED BREATH TEST & FIELD TESTS;
NOT GUILTY OUI-2ND & NEGLIGENT OPERATION

Cop saw client driving with two tires in opposite lane for 50 yards. When asked for license, he gave cop Walmart receipt. He failed the one leg stand and alphabet test with allegedly "slurred" speech and blew a .13 at the station. First we negotiated the exclusion of the breath test. Then, the booking video we obtained showed him entering the station handcuffed behind his back yet walking and talking perfectly normally. This created the necessary reasonable doubt.

CLIENT'S LETTER:

I thank you and James for all your hard work. Joe is totally no nonsense and tells you the exact truth. If an attorney tells you he can absolutely win your case, do not waste your time. Call Joe. He has fair rates and is the only lawyer I know of that has a payment plan that will not make you feel you have been raked over the coals. I placed my trust in them and you should too. Incredible professionalism. They have a saying, "Don't look back...you're not going that way." Best piece of advice you'll ever get. 

With sincere admiration, Stephen Jackson

'THEY GAVE ME MY LIFE BACK.
I COULDN'T ASK FOR TWO BETTER ATTORNEYS.'
 
KELLY;     617.827.1974 4.4.19; FRAMINGHAM
FAILED BREATH TEST; SLURRED SPEECH
FAILED FIELD TESTS. NOT GUILTY

Civilan called police to report my client drving all over road. When cop stopped her, he noted in report slurred speech, glassy, bloodshot eyes  and a strong odor of alcohol. He testifed she failed the field sobriety tests. Once hired, I immediately submitted a motion to preserve all videos. I showed the dashcam video at trial proving she had no difficulty maintaining her lane, pulled over promplty and safely, prduced all documents quickly, and had no difficulty getting out of car or walklng.  Plus, at the officer's urging she did the balancing tests barefoot in the gutter. Not guilty.

 
MIKE;      2-12-19; GLOUCESTER & PEABODY
NOT GUILTY 1ST OFFENSE
FAILED BREATH TEST
AND MULTIPLE LANES VIOLATIONS

Client crossed the centerline and cop car had to swerve to avoid collision. Then he ran stop sign and almost hit the median barrier. At trial, cop said his speech was slurred and that he failed a couple of field tests.  I pointed out to the judge he walked 9 steps out and 9 steps back without losing his balance and passed one of the tests with flying colors. Judge agreed. Not guilty.

'JOE IS A VERY LIKABLE LAWYER.'
 
LIAM;     857.939.9076 HINGHAM
FAILED BREATH TEST [.16]
NOT GUILTY OUI-2ND
NOT GUILTY NEGLIGENT OPERATION

Client drifted into officer's lane and almost hit his cruiser. His speech was slurred, eyes glassy and bloodshot, couldn't recite the alphabet past "S" and swayed in circular manner.  Officer and sergeant testified he was OUI.  I showed  a booking  photo of him wearing flip-flops and a video exiting cruiser with no difficulty whatsoever with both hands cuffed behind his back. Judge:  Not guilty all charges.

'JOE IS ALL BUSINESS.
A CONSUMMATE PROFESSIONAL'
 
SEAN;     857.249.2130 UXBRIDGE
FAILED BREATH TEST [.21]
SPEEDING, 2ND OFFENSE
NOT GUILTY

Two officers testified client was seen speeding on a curving road, had a strong odor of alcohol, slurred speech, and stopped reciting the alphabet at Q instead of going to Z. I argued he committed no lanes violations, pulled over promptly when the officer's blue lights went on, was cooperative at all times and it was well past 1 AM when no one is at their mental or physical best.  Not guilty.

'NEVER THOUGHT WE'D WIN.
TWO EXTREMELY PROFESSIONAL LAWYERS '
 
SAM;     978.835.6217 NEWBURYPORT-IPSWICH
FAILED BREATH TEST [.15]
SPEEDING, 2nd OFFENSE
JURY: NOT GUILTY IN 10 MINUTES

Client was stopped for speeding, failed the field tests and blew twice the legal limit. I stressed that he committed no lanes violations, promptly signaled when cop's blue lights went on, pulled over safely into safe area, no difficulty finding wallet and extracting license or finding registration in glove box, no difficulty exiting car or walking to rear. Jury acquitted him in 10 minutes.

'JOE WAS THROUGHLY FLAWLESS AND PROFESSIONAL'
 
ELIJAH;     978.490.0514 IPSWICH-NEWBURYPORT
FAILED BREATH TEST
JOE USED BODY CAM FOOTAGE
NOT GUILTY 1ST OFFENSE

I crossed over the centerline and cop stopped me. I admitted to drinking and smoking marijuana and they found a pipe and pot in the center console. Two cops testified I failed all the field tests. Joe made sure to preserve the body cam footage. It showed both cops were wearing heavy winter clothing, hats and gloves and I had on only a sweat shirt and no gloves in freezing weather. Plus it showed i didn't do as bad on the tests as they said. 

Joe was very patient with our questions and answered them all.

JOE IS VERY CONFIDENT
AND A GREAT PUBLIC SPEAKER
 
SCOTT;     978.899.1523 WOBURN
FAILED BREATH TEST THROWN OUT
JURY: NOT GUILTY
3RD OFFENSE

"When I found Joe's website, I couldn't believe I could call over 100 former clients -- so I did!  Even ones in my court. Hilary [acquitted of a 2nd offense in Woburn] said she couldn't believe how well he handled her case. She was absolutely right. It was really something watching him get my over limit breath test thrown out of court. Then at jury trial, he was so prepared he made the cop look ill on the witness stand. He truly knows what he is doing. I avoided mandatory jail and kept my job. I can't thank him enough for the fantastic results he achieved."

'HE WAS THERE FOR ME & MY FAMILY FROM DAY ONE.
BEST DECISION I EVER MADE WAS HIRING HIM'
 
CARLOS;     617.642.7062 LYNN
FAILED BREATH TEST (.15)
BAD ACCIDENT
NOT GUILTY 2ND OFFENSE

Client totaled his car and another. He then failed the field tests and the station breath test with a .15 -- almost twice the legal limit. I immediately drew up and filed a motion to preserve the booking video. This showed the officer failed to observe him for a full 15 minutes immediately preceding the breath test. After four hearing dates addressing this, the judge threw out the breath test. Then, at trial, despite otherwise damning testimony, the trial judge said that the client's excellent appearance on the booking video created reasonable doubt and acquitted him.

'BOTH JOE & JAMES
WERE ULTIMATE PROFESSIONALS THROUGHOUT"

   ORDER EXCLUDING BREATH TEST   
 
TYLER;     978.979.5821 SALEM
FAILED BREATH TEST,
2 COPS TESTIFY HE WAS OUI:
NOT GUILTY 2ND OFFENSE

Client was stopped for speeding. Officer noted a strong odor of alcohol and glassy and bloodshot eyes. He  admitted to just coming from a bar and drinking beers. Officer said he became unbalanced on one of the field tests and was arrested. He then failed the breath test at the station and lost his license.. At trial not just one but two officers testified in their opinion he was under the influence of alcohol. Not guilty of 2nd offense OUI.

"TWO PHENOMENAL OUI LAWYERS."
 
STEVE;     978.290.6259 WOBURN
FAILED BREATH TEST;
SPEEDING 20 MPH OVER LIMIT:
NOT GUILTY - 1ST OFFENSE

'James Dunn is a great lawyer. He was diligent and communicative throughout the whole process. He  always advised me to take my time and think through all the options and outcomes. He worked hard to win my case and made me feel like I was his only client. I wholeheartedly endorse him. A great and patient lawyer will work hard to get you the outcome you hope for.'

'MADE ME FEEL LIKE I WAS HIS ONLY CLIENT'
 
CHRIS;     413.244.9733 SPRINGFIELD
FAILED BREATH TEST (.12), FIELD TESTS
NOT GUILTY - 1ST OFFENSE

"Attorney Dunn was thoroughly professional from start to finish. I was worried about how it would turn out but he put me at ease. He did a great job at jury trial and dramatically caught the trooper in not just one but two lies. The jury didn't like that at all!  They found me not guilty of OUI and not guilty of reckless driving. I couldn't recommend them more highly. Feel free to call me if you are thinking about hiring the firm."

"ATTORNEY DUNN KEPT ME AT EASE THROUGHOUT.
I COULDN'T ASK FOR A BETTER RESULT"
 
FRANCIS;     508.244.0919 FRAMINGHAM-NATICK
NOT GUILTY 3RD OFFENSE
DESPITE FAILED BREATH TEST (.11)

Client was seen by cop speeding 26 mph over limit and crossing centerline. Officer testififed he had bloodshot and glassy eyes, slurred speech and failed all three field sobriety tests. Once retained,  I Iimmediately filed a motion to preserve the booking video which proved crucial at trial. I also successfully got the breath test thrown out of court.

CLIENT'S COMMENTS:

"They are absolutely awesome, gave me good guidance all the way through the representation, performed professionally at every bend in the road and at trial brought up all the right points. I love them both!"

'A THOROUGHLY PROFESSIONAL TRIAL PERFORMANCE'
 
JAMES;     781.697.5281 CONCORD-NEWTON
3RD OFFENSE
FAILED BREATH TEST (.17);
OVER TWICE LEGAL LIMIT

"I was sure I was going to jail but Joe proved my first OUI shouldn't count against me. His associate attorney James Dunn had to go back to the other court three times before the clerk finally found it in the basement. That made all the difference at trial. The DA wanted to give me a two year jail sentence but Joe talked the judge out of it. I can't believe how hard they both worked for me (and how early in the morning Joe got up to send me emails). They're both fantastic. It's OK for people to call me if they want."

MANDATORY JAIL & FELONY CONVICTION AVOIDED
 
CHRIS;     401.742.2141 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'
 
WILLIAM;     508.680.6379 EDGARTOWN
FAILED BREATH TEST BUT
I-PHONE VIDEO RESULTS IN NOT GUILTY

My client was arrested for the second time and blew a  .11 and failed the breathalyzer. I immediately faxed a motion to preserve all videos. Turns out the assisting officer made a roadside video showing him doing the field tests well. After getting the breath test excluded, I showed  the I-phone video at trial and the judge found him not guilty.

'PROFESSIONAL PERFORMANCE FROM START TO FINISH.
OK TO CALL ME.'
 
Mr. W.;     508.282.6514 WESTBORO
FAILED BREATH TEST AND FIELD TESTS:
NOT GUILTY AT TRIAL OUI 1ST OFFENSE

Client failed the one leg stand and walk and turn test badly, was arrested and failed the breath test at the station and lost his license. I argued he pulled over properly, was able to produce his license and registration, exit the car and walk to testing area with no issues in perfectly normal manner. Also that the breath test was done one hour and six minutes after the stop and showed his alcohol level was still rising and thus arguably below the legal limit at the time of driving as required by law to be guilty.  

Judge agreed and acquitted him.

 
CLINT:     978.549.1610 FITCHBURG
FAILED BREATH TEST; NOT GUILTY
OUI-2ND OFFENSE- ROAD BLOCK

I was stopped at a sobriety checkpoint while driving some friends home. I admitted to drinking two beers and said the last one was about 20 minutes ago so the trooper asked me to step out and do three field sobriety tests and then arrested me. I took the breath test in the trailer and failed and immediately lost my license. Joe told me how to proceed every step of the way and did a great job at trial.  

'EVERYTHING WORKED OUT JUST AS JOE SAID IT WOULD.'
 
JASON;     508.737.7752 WOBURN
FAILED BREATH TEST - SPEEDING 83 IN 50 MPH ZONE
NOT GUILTY - 2ND OFFENSE

Client smelled of alcohol, admitted drinking and had red, glassy and bloodshot eyes. He failed 2 field sobriety tests and 2 empty beer bottles were found within reach in the truck. At the barracks, the breathalyzer registered over the legal limit at 0.10. At trial I argued cop followed him for one mile and he committed no lanes violations, had no trouble producing his license and registration, getting out of the car and walking normally. Plus the breath test was done one hour after driving and they couldn't prove what his blood alcohol was at the time of driving  --- as required by law.

 
ANTHONY;     774.386.9704 LEOMINSTER
FAILED BREATH TEST
NOT GUILTY AT TRIAL

The troopers said I had bloodshot, glassy eyes, was unsteady on my feet and failed the field sobriety tests. I took the breath test, failed it and immediately lost my license. Joe advised me how to proceed every step of the way. After writing 3 detailed reports, he advised me to fight the case and he was absolutely right. I can't recommend him more highly as a lawyer -- and a friend.

"WORKED RELENTLESSLY ON MY BEHALF 24-7 "
 
GORDON;     781.859.9455 LYNN
NOT GUILTY
FAILED BREATH TEST (.12) AT ROAD BLOCK

My client was stopped at a so-called 'sobriety checkpoint.' He registered a .12 on the breath test, well above the legal limit of .08,  and was charged with OUI.  After reviewing all of the documentation regarding the administration of the test, I found a defect and recommended he fight the case. After my motion to suppress evidence, the judge threw out the breath test.  Without the breath test, we took the case to trial and easily won a not guilty.

See order excluding breath test.


A CERTAIN GUILTY TURNED INTO A NOT GUILTY

   SEE ORDER EXCLUDING BREATH TEST   
 
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!
 
ADRIEN;     603 966 6041 LOWELL
FAILED BREATH TEST AT ROAD BLOCK
CASE DISMISSED

Client smelled of alcohol, had glassy bloodshot eyes and admitted drinking 4 beers an hour ago. He was shaking badly during the sobriety tests and as a result was arrested. He failed both breath tests over limit at .09 and .10 but could not accept a CWOF due to his job so we fought. On the Motions date, the cops were not summonsed so I asked the Judge to mark the Docket "No further continuances." On the 2nd Motions date, the breathalyzer operator could not attend and the DA asked for yet a third date. I argued vigorously against giving the Commonwealth 3 bites at the apple and the second judge agreed. Case dismissed.

 
ALINA;     718.600.4549 PEABODY
NOT GUILTY
FAILED BREATH TEST BUT
DONE ALMOST 1 HOUR AFTER DRIVING

Client was seen drifting into next lane and straddling line for ten full seconds.  She had a strong odor of alcohol on her breath and admitted drinking.  She stumbled turning on the 9 step test and swayed and hopped on the one leg stand. She then blew an over limit breathalyzer at the barracks after her arrest. I argued the field tests were done at 4 am while barefoot and the breath test was given almost one hour after driving and it could not be proven beyond all reasonable doubt what her blood alcohol was "at the time of driving" as required by law. Not guilty.

 
GERRY:     617-960-7868 HINGHAM
FAILED BREATH TEST .15-TWICE THE LEGAL LIMIT
CASE THROWN OUT OF COURT

I was arrested for a Boating DUI and blew an over limit .15 and failed the field tests.  If I had gone with anyone else I would have just pled it out but, boy, am I glad I chose Joe as my Attorney. I knew he was good as soon as I spoke to him. He's extremely well-spoken and very impressive in Court. Plus, he got the cop so messed up he ended up red-faced on the witness stand. I swear, you could have heard a pin drop during his cross-exam. Every one in the Court room was hanging on Joe's every word.

See motion to suppress all evidence allowed.

'HE HAD THE DA ON THE ROPES FROM THE OPENING BELL.'

   SEE MOTION TO SUPPRESS ALL EVIDENCE ALLOWED   
 
NEIL:     508-481-9754 WESTBORO
BLEW A .19 & FAILED BREATH TEST,
NOT GUILTY, 2ND OFFENSE

Client waved to a passing cop with his keys in his hand and told him he was having trouble starting his car. They stopped, noticed slurred speech, and he failed all the field tests. At the station, the breath test registered .19, almost two and one half times over limit!  At trial, although 2 cops testified, I argued neither could attest that he had placed the keys in the ignition or when he had done so. Plus, I was able to prove the battery was dead and thus he had the additional defense of "factual impossibility." Not guilty 2nd offense.

 
MIKE:     781.475.8656 NATICK-FRAMINGHAM
FAILED BREATH TEST; 2ND OFFENSE
NOT GUILTY AT TRIAL

I was arrested for my 2nd offense. The arresting detective said I had very thick and slurred speech and was unsteady on my feet. Plus, I admitted drinking two gin and tonics and one 16 oz. beer shortly before driving. The booking sergeant testified I had red, glassy and bloodshot eyes and in his opinion I was under the influence of alcohol. I even admitted I felt the effects of the alcohol! I took the breath test at the station and failed it over limit. Joe won the case and avoided a two year loss of license and thousands of dollars in fines and fees.

'JOE WAS RESPONSIVE TO ALL MY QUESTIONS AND HAD A GREAT COURT ROOM PRESENCE.'
 
ALEX;     516 582 8320 E. HAMPSHIRE - BELCHERTOWN
FAILED BREATH TEST THROWN OUT
1ST OFFENSE UNDER 21 OUI CHARGE DISMISSED

I failed the Breathalyzer at the station registering over limit.  After studying the booking video, Joe ascertained that the breath test was not performed in accordance with the strict regulations required for it to be admissible.  He drafted a Motion to suppress that evidence.  After a four hour Hearing, the judge requested written briefs on the issue and ruled in our favor six weeks later.   On the day of jury trial, the DA said he did not have enough evidence to go forward and dismissed my case.

See judge's order suppressing breath test and DA's motion dismissing OUI.

'HE WALKED INTO COURT AND MADE EVERYONE ELSE STUTTER.'

   SEE JUDGE'S ORDER SUPPRESSING BREATH TEST   

   SEE DA'S MOTION DISMISSING OUI   
 
ERIC:     978 799 1756 NEWBURYPORT-IPSWICH & SALEM
JOE BEAT JAIL FOR ME IN 2 COURTS IN 1 DAY!
(DESPITE A .28 FAILED BREATH TEST)

I was still on Probation for OUI-1st in Salem when I was arrested for OUI 2nd Offense in Ipswich and registered an over limit .28. My Salem Probation Officer issued a Warrant for my arrest and asked that I be placed into custody when I got to Newburyport.  The DA in Newburyport was asking for jail also.  Joe managed to talk the judge out of having me taken into custody AND of sending me to jail for my 2nd offense.  Instead, the Judge actually released me into Joe's custody. Then when we went to Salem later that day, my Probation officer was asking for a one year jail sentence on my first offense. Joe convinced the Salem Judge not to do so and I went home that night instead of to jail. Joe is the most intimidating and confident lawyer I have ever encountered and I was blessed to have him on my side. 

"HE WALKED INTO BOTH COURTS LIKE HE PAID THE MORTGAGE!
YOU WANT HIM AS YOUR OUI LAWYER"
 
STEPAN:     617-921-9707 CAMBRIDGE
FAILED BREATH TEST; 3 LANES VIOLATIONS:
NOT GUILTY

The Cambridge officer wrote he saw me cross the center line 3 times, that my speech was slurred, my eyes glassy and bloodshot and that I told him I had two shots and two drinks. Then when he arrested me, he wrote I told my friend "I might be too drunk to remember your phone number." Joe knew Massachusetts drunk driving defense, the Court and the players. He worked tirelessly to keep the over limit breath test out --which he did-- and to get me acquitted.

"CALL ME AND I'LL TELL YOU MYSELF:
JOE CARES ABOUT HIS CLIENTS!"
 
ERIC:     508-479-8570 ROAD BLOCK
FAILED BREATH TESTS AND FIELD SOBRIETY TESTS:
NOT GUILTY

I was stopped at a road block and admitted to the Trooper I had been drinking 45 minutes ago. He took me out of the car and I foolishly agreed to do the field sobriety tests. I failed them all and was arrested. Then I –also foolishly—agreed to take the breathalyzer in the trailer nearby. I registered over limit on both of them too. Plus, at Trial, the Trooper testified my eyes couldn’t focus on him and I was unsteady on my feet. No matter. Joe’s obvious skills as a Mass. DUI Lawyer during cross-examination won the day.

'PUT YOURSELF IN HIS HANDS-- HE'S A GOD'
 
JOHN:     508 813 1577 WRENTHAM
NOT GUILTY:
FAILED BREATH TEST,
3RD OFFENSE, WRONG SIDE OF ROAD,

The cop saw me cross the center line and drive on the wrong side of the road, followed me into my driveway and arrested me for 3rd offense. At the station, I foolishly took the breathalyzer and was over limit and lost my license. My Court appointed lawyer did nothing for 16 months until my family hired Joe. With only two weeks to prepare for Trial, he fought vigorously every step of the way. He had pretrial Motions prepared and questioned the accuracy of the breath test. The DA just wouldn't quit, but after a hard fought Trial, Joe won a not guilty.

"JOE REALLY KNOWS HIS JOB."
 
Mr. S.:     617 319 6407 MALDEN - ROAD BLOCK
FAILED BREATH TEST AND 2 OF 3 FIELD TESTS
NOT GUILTY 1ST OFFENSE

At the road block, I admitted to  the Trooper I had been drinking and smoked pot. He arrested me after the field tests and then I registered over limit on the breath tests too. Joe was always professional and courteous and his communication with me was excellent.  He kept me up to date with detailed written reports and explained all my options. As a result, I decided to fight. At my drunk driving Trial, he did an excellent job cross examining the Trooper –who was no slouch and trains all the other Troopers.

 
REBECCA;     508.239.3092 7.29.19; WRENTHAM
NOT GUILTY
DESPITE FAILED BREATH TEST & FIELD TESTS

I was stopped after spinning my tires. I admitted I had been drinking. Cop said I had bloodshot and glassy eyes, was unsteady on my feet and failed the one leg stand and 9 step test. Then I failed the breath test at the station. Joe negotiated the exclusion of the failed breath test giving us a fighting chance at trial. He then obtained my medical records showing I had foot issues which explained my unsteadiness and presented them to the jury. He performed perfectly at trial. They took less than an hour to acquit me.

'JOE PRESENTED MY CASE PERFECTLY TO THE JURY'
 
WESTBORO; 10.21.19
FAILED BREATH TEST, 2 LANES VIOLATIONS
2 OPEN CONTAINERS
NOT GUILTY AT TRIAL

Client was seen to drift from one side of the road to the other then back again, He failed the  walk and turn test and 2 open beer bottles were found in his door, still cold to the touch. He then failed the breath test at the station as well. At trial, judge allowed my motion to exlcude any testimony about the beer cans and then acquitted him after trial. 

OK to call client to verify: James 508.688.9122​
 
WALTHAM
FAILED BREATH TEST THROWN OUT
2ND OFFENSE

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.

See court order excluding breath test.

   SEE COURT ORDER EXCLUDING BREATH TEST   
 
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.

See judge's order suppressing breath test.



   SEE JUDGE'S ORDER SUPPRESSING BREATH TEST   
 
WALTHAM
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.

 
WESTBORO
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.
 
MILFORD
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.

 
DEDHAM
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.
 
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.

This client's email:   ironmonkey978@yahoo.com
 
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!).
 
WESTBORO
.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.
 
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
 
WESTBORO
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.
 
CLINTON
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.