DUI Case Results

Below is a list of my recent drunk driving cases where the motorist was found either not guilty or the case was dismissed.

Every drunk driving case is unique so I cannot guarantee any particular result on an OUI charge. In fact, no lawyer can ever guarantee the outcome of a particular case. However, I am able to talk to you about the defenses regarding your case and possible case outcomes. The List of Successful Case Results includes Cases throughout Massachusetts. Attorney DelSignore is well known throughout the State for vigorously defending OUI cases.

September 2016

Client charged with 1st offense OUI out of the Framingham District Court after being involved in a one car accident. The client was alleged to have glassy eyes, admitted to having several glasses of wine and was unsteady. The client took a breath test which registered .08. After a motion hearing, the breath test was excluded from evidence as a result of failing to comply with the proper procedure in administering a breath test. After trial, based on the observations of the officer, the defendant was found not guilty.

Date: September 26, 2016 Category: BREATH TEST
August 2016

Client charged with 1st Offense OUI, along with possession of an open container of alcohol out of the Brockton District Court. The client was arrested by the Whitman police department and was alleged to have slurred speech, bloodshot glassy eyes, and being unsteady on his feet. After trial, the client was found not guilty.

Date: August 17, 2016 Category: OUI ACCIDENTS

In this case, the client was charged with a 1st offense OUI and the case was heard in the Worcester District Court. The client was alleged to have driven erratically and was pulled over after several 911 calls. The client was alleged to have failed field sobriety tests and was placed under arrest. At the police station, the client blew just over the legal limit of .08, but was still charged. The case was dismissed on the trial date as the Commonwealth was not ready for trial for the second time the case was scheduled for trial.

Date: August 16, 2016 Category: BREATH TEST

Client charged with a 1st offense OUI by the Walpole Police Department and the case was heard in the Wrentham District Court. The client was involved in an accident, failed three field sobriety tests and admitted to consuming 3 beers. The client was alleged to have slurred speech, bloodshot eyes and smelled of alcohol. After trial, the defendant was found not guilty of OUI, avoiding any further license loss.

Date: August 8, 2016 Category: OUI ACCIDENTS
June 2016

In this matter we appealed the 6 month breath test refusal suspension to the Boston Municipal Court after being denied at the RMV. After a hearing in the district court, the judge overturned the client's license suspension on the breath test refusal prior to the expiration of the six months. While breath test refusal appeals are difficult to win, this case is one of many where our clients have had this suspension overturned at the district court where the OUI case is pending.

Date: June 30, 2016 Category: BREATH TEST
May 2016

.14 breath test result Client found not guilty. In this case, the defendant was arrested by the Shrewsbury Police Department and charged with a first offense OUI after being stopped for speeding. The client submitted to a breath test with a result of .14. It was alleged that the client failed several field sobriety tests and had slurred speech, odor of alcohol along with being unsteady getting out of the car. After a motion was filed in the Westborough District Court, the breath test was excluded from evidence based on the officer's noncompliance with regulations governing breath testing. The case proceeded to trial in the Worcester District Court, where the defendant was found not guilty of OUI.

Date: May 24, 2016 Category: BREATH TEST

In this case, the client who was a student at UMass Amheerest was arrested by the Amherst police. He was stopped for speeding and going over a marked lane. The officer claimed that he failed three field sobriety exercises, had slurred speech and fell into his own car on several occasions. The client took a breath test which registered .20. After a motion hearing, the clients breath test result of .20 was excluded from evidence. The case proceeded to jury trial where it was shown that the officer did not perform the nine step walk and turn correctly and that the client did not have the proper room to perform field exercises. A jury in the Eastern Hampshire District Court found the defendant not guilty.

Date: May 11, 2016 Category: BREATH TEST

In this case, the client was charged with a first offense OUI, negligent operation and failing to stop for the police. The case was brought by the Kingston police department and was heard in the Plymouth District Court. At trial, a civilian witness testified that he defendant was driving erratically. The officer also testified as to some erratic driving. On cross examination, the officer was attacked for his rush to judgment in concluding that the defendant was under the influence. A booking video was also played showing that the defendant did not appear drunk. The client was found not guilty of OUI, but guilty of negligent operation.

Date: May 10, 2016 Category: OUI ACCIDENTS

Client had license suspended for immediate threat based on an OUI drugs charged. The client appealed the suspension to the Board of Appeals. Attorney Julie Gaudreau successful convinced the Board to reinstate the client's license.

Date: May 6, 2016 Category: OUI ACCIDENTS

Client charged with First OUI after a car accident and admitted to three drinks, failed field sobriety tests. The case was originally heard in the Stoughton District Court, but transferred to Dedham for Jury trial. The case was dismissed as the Commonwealth was not read for trial.

Date: May 5, 2016 Category: OUI ACCIDENTS
April 2016

Client charged with a First Offense OUI by the Bolton, Massachusetts police and the case was heard in the Clinton District Court. The client was alleged to have crossed the double yellow line, had slurred speech and failed field sobriety tests that were administered. The client admitted to a breath test and the result was .08. After a motion the breath test was excluded from evidence. The case processed to jury trial in the Fitchburg District Court where the defendant was found not guilty by a Jury on the OUI count and negligent operation count, avoiding any criminal conviction from the arrest.

Date: April 14, 2016 Category: BREATH TEST
March 2016

In this matter, the client had his license suspended for six months for refusing a breath test. After being denied reinstatement at the RMV, the client appealed to the district court where the OUI case was pending. After a hearing the client had his license reinstated immediately, avoiding the full six month suspension.

Date: March 31, 2016 Category: BREATH TEST

Client had her license suspended by the RMV for an indefinite threat after a one car accident. This is a very common suspension when there is an accident and the client is taken to the hospital. After an appeal to the Board of Appeals, the client had her license reinstated.

Date: March 29, 2016 Category: OUI ACCIDENTS

Client charged with OUI out of the Wrentham District Court and by the Foxboro police department. The client had gone to Patriots place and was arrested for OUI in the parking lot. The police found alcohol in the car, claimed that the client was uncooperative, had slurred speech and bloodshot glassy eyes, as well as being unsteady on his feet. After a two day Jury Trial, the client was found not guilty.

Date: March 23, 2016 Category: OUI ACCIDENTS

This client was under 21 and a college student at the time of the arrest. She took a breath test with a result of .10. The client was stopped for traveling over the marked lanes. Attorney DelSignore discussed this case with the prosecutor and pointed out issue with the breath testing and her good balance during the booking to rebut the officer's claim she was unsteady on her feet. On the trial date, Attorney DelSignore was able to convince the district attorney to dismiss the OUI in exchange for a plea on the negligent operation charge. This does not happen frequently and was based on some problems detected with the Commonwealth's case that were learned though the long process of bring this case to trial.

Date: March 9, 2016 Category: BREATH TEST

Client charged with 1st offense OUI and negligent operation by the Attleboro police department. The client was alleged to have been speeding; the officer testified to smelling a strong odor of alcohol and that the client failed the one leg stand and walk and turn test, as well as that the client was unsteady on his feet during the encounter. Attorney DelSignore cross examined the officer on his observations and the number of things that contracted the officer's opinion. After trial in the Attleboro District Court, the defendant was found not guilty of OUI and negligent operation.

Date: March 3, 2016 Category:OUI ACCIDENTS
February 2016

Client was arrested for a First Offense OUI. The case was heard in the New Bedford District Court. The officer claimed that the client was speeding and had a defective number plate. At trial, the officer testified that the defendant failed the nine step walk and turn as well as the one leg stand. During cross examination on the nine step walk and turn, the officer was impeached with his training manual which indicated that he did not score the test correctly. After Trial, the defendant was found not guilty.

Date: February 17, 2016 Category: OUI ACCIDENTS
January 2016

Client charged with a 1st Offense OUI out of the Framingham District Court. The client was alleged to have parked in the middle of the road, had slurred speech, a strong odor of alcohol and bloodshot eyes. The officer testified at trial that the client was unsteady on his feet. Attorney DelSignore crossed examined the officer and pointed out the gaps in the investigation. The Client was found not guilty after Trial.

Date: January 25, 2016 Category: OUI ACCIDENTS
December 2015

Client charged with OUI out of the District Court after being arrested by the State police. The charge was a first offense and the client was stopped for speeding and admitted to consuming four beers. At trial, the Commonwealth was not ready for trial and Attorney DelSignore made a motion to dismiss. The Court allowed the motion dismissing the case.

Date: December 3, 2015 Category: BREATH TEST

Client charged with OUI in Dudley District Court Client was pulled over for failing to yield to an emergency vehicle. The officer testified that the client pulled out right in front of his cruiser when his lights were flashing. The client took a breath test with a .16 result. Attorney Gaudreau filed a motion and was able to successfully argue at the motion hearing to have the result of the breath test excluded from evidence. At trial the officer testified that the client had difficulty pulling over appropriately and that his vehicle rolled back and almost hit the cruiser. The officer testified that when he approached the vehicle he was able to immediately detect the odor of alcohol and that the client had bloodshot glassy eyes. The officer testified that the client was unsteady, stepped off the line numerous times and did not touch heel to toe on the nine step walk and turn and swayed during one leg stand and had to restart the test three times.

Date: December 1, 2015 Category: OUI ACCIDENTS
November 2015

Client charged with OUI out of the Cambridge District Court. The client was involved in an accident with a State Trooper, admitted to consuming three beers and was alleged to have failed field sobriety tests. At trial, the Trooper also claimed that the defendant made admissions and expressed remorse for the incident. At trial, Attorney DelSignore crossed examine the two Trooper and demonstrated that they could not agree as to how the client performed on field sobriety tests and that the client was cooperative during the booking process. Further, a booking photograph was used to show that the defendant did not appear intoxicated. After trial, the client was found not guilty of OUI after a Jury Trial.

Date: November 18, 2015 Category: OUI ACCIDENTS

Client received a license suspension after being in an accident. License Suspension Hearing at the Board of Appeals: Client received a license suspension for an immediate threat after being involved in an accident. DelSignore Law appealed to the RMV and had the request denied; upon further appeal to the Board of Appeals, the client had his license reinstated and the immediate threat suspension removed despite the OUI case still pending in Court.

Date: November 6, 2015 Category: OUI ACCIDENTS

Client who was under 21 at the time of the OUI. Client charged with second offense OUI and arrested by the Marlborough police department; client alleged to have committed marked lane violation, including crossing the double yellow line, failed 4 field sobriety tests and admitted to consuming 3 beers. The client took a breath test with a result of .18. After a motion hearing the breath test was excluded from evidence. After a trial in the Marlborough District Court, the defendant was found not guilty.

Date: November 3, 2015 Category: BREATH TEST
October 2015

Under 21 Client Involved in OUI Accident. Client who was under 21 at the time of the OUI arrest was involved in an accident and had a breath test of .10. The Weston Police claimed that the defendant failed field sobriety tests, smelled of alcohol, had slurred speech, bloodshot eyes and had open alcohol in the car. In this case a motion to suppress resulted in the breath test being excluded from evidence. Another motion to suppress was filed that could have ended the case but was denied. At trial, Attorney DelSignore discredited the officer’s observations on the field sobriety tests and showed video evidence contradicting the officer’s opinion. After Trial, the defendant was found not guilty.

Date: October 21, 2015 Category: BREATH TEST

Client charged with Second Offense OUI, Breath Test Refusal Client was charged with a second OUI and refused a breath test. Attorney DelSignore and Gaudreau appealed the breath test refusal suspension of three years. After the RMV denied the request for reinstatement, a judge reversed the RMV and ordered the license to be reinstated as the RMV did not comply with the Chapter 90 Section 24 in upholding the license suspension.

Date: October 20, 2015 Category: BREATH TEST

Client charged with OUI by state police. Client was charged with OUI by the State police and the case was heard in the Leominister District Court. The defendant was stopped for speeding and it was alleged that the defendant failed field sobriety tests and admitted to consuming a few beers. After trial, the defendant was found not guilty.

Date: October 19, 2015 Category: OUI ACCIDENTS

Client charged with First Offense OUI out of Plymouth County. In this case out of the District Court in Plymouth County, the defendant was charged with a first offense OUI. The client avoided an OUI conviction after a motion was allowed by the Court that was filed by DelSignore Law.

Date: October 16, 2015 Category: OUI ACCIDENTS
September 2015

Client charged with First Offense OUI with .09 breathalyzer result The client was charged with a First Offense OUI and submitted to a breath test with a .09 result. Prior to trial, Attorney DelSignore was able to have the results excluded from evidence after an evidentiary hearing. The case proceeded to trial with the officer testifying that the client was speeding, had slurred speech, bloodshot eyes and failed field sobriety tests. After trial in Wrentham District Court, the client was found not guilty of OUI.

Date: September 28, 2015 Category: BREATH TEST

Client charged with First Offense OUI after an accident It was alleged that the client failed 3 field sobriety tests and submitted to a breath test with a result of .08, right at the legal limit. At trial, I crossed examined the officer to show that the field sobriety tests did not demonstrate she was impaired and presented evidence showing that the machine has a margin of error in its results. After trial, the client was found not guilty of OUI and negligent operation.

Date: September 15, 2015 Category: BREATH TEST

Client charged with OUI and Child Endangerment. The client was charged with OUI and the officer claimed that the defendant was speeding and went through a red light. The case was complicated by the fact that the client had children in the car, which enhances the potential penalties upon conviction. The client had an odor of alcohol and admitted to consumption of alcohol during the booking process. At trial, it was stressed that there were numerous observations of the officer that were inconsistent with someone being under the influence of alcohol. The client was found not guilty on both OUI and Child Endangerment.

Date: September 11, 2015 Category: OUI ACCIDENTS

Client arrested by State Trooper in Boston area. Case out of Brighton District Court, the defendant was arrested in the area of Solider’s Field Road by a State Trooper. The Trooper that arrested my client makes frequent arrests in that area. The breath test was excluded from evidence prior to trial. We had filed numerous motions and the case took a while before we were successful in excluding the results from evidence. At trial, the officer testified that the client was speeding, weaving all over the road and nearly struck the median. The Trooper testified that the client failed both the one leg stand and nine step walk and turn. After Trial, the client was found not guilty.

Date: September 10, 2015 Category: OUI ACCIDENTS
July 2015

Client charged with OUI with breathalyzer results UNDER .08 Defendant was charged with OUI and the breath test result was .07. These cases are often brought to trial by the Commonwealth even though the results are below .08. The case was scheduled for trial and we were able to get the case dismissed based on the Commonwealth not being ready for trial and overall weakness of the case. This matter was handed by Attorney Julie Gaudreau of DelSignore Law.

Date: July 29, 2015 Category: BREATH TEST

Brockton District Court client charged with OUI. The client was charged with a First Offense OUI out of the Brockton District Court. In this case, the officer claimed that the defendant failed 4 field sobriety tests, spoke in a slurred manner and was unsteady on her feet. We challenged the legal basis of the stop at a motion hearing as I thought there was a strong argument that the West Bridgewater officer was not justified in making the stop. This motion was denied and also denied after a motion to reconsider. The case proceeded to a Jury Trial where the officer was confronted about his observation, revealing that they were overstated and the video was offered into evidence which also undermined the officer’s opinion. After about 15 minutes of deliberation, the Jury Returned a Not Guilty Verdict.

Date: July 22, 2015 Category: OUI ACCIDENTS
June 2015

Client charged with First Offense OUI with .09 breathalyzer result Client was charged with a 1st Offense OUI out of the District Court with a breath test result of .09. The client was alleged to have failed field sobriety test and spoke in a slurred manner. The officer formed the opinion that he was under the influence of alcohol and arrested the defendant. After a review of the Booking video, Attorney DelSignore was able to persuade the prosecutor to allow the client to accept a plea to the negligent operation charge and dismiss the OUI offense. While this result does not happen routinely, in this case we had a fairly significant violation of the defendant’s rights and after much negotiation were able to resolve the case without the client admitting to an OUI offense.

Date: June 1, 2015 Category: BREATH TEST
May 2015

Client charged with OUI near UMass Campus. The client was charged with OUI near the UMass Amherst College campus. The officer alleged that the defendant was traveling over 30 miles over the speed limit, failed three field sobriety tests and attempted to manipulate the breath test machine to avoid producing a result. Under a new case, the Commonwealth was permitted to admit testimony of the failed attempt to produce a breath test sample. At trial, the officer was cross examined regarding his training in administering field sobriety test and acknowledged several deviations from his training. Additionally, the defendant testified that he did his best to produce a breath test sample. After a Jury Trial, the defendant was found not guilty of both OUI and Negligent Operation of a Motor Vehicle.

Date: May 18, 2015 Category: BREATH TEST

Client got 6 month license loss for refusing breath test Client lost license for six month for refusing a breath test. Attorney DelSignore appealed the suspension to the RMV in Boston; after the RMV denied the request for reinstatement, an appeal was filed in the District Court where the judge reversed the license suspension restoring the client’s license prior to the six month, resulting in the client only suffering a three month loss for refusing a breath test.

Date: May 4, 2016 Category: BREATH TEST
April 2015

Marlborough District Court Client charged with First Offense OUI . Client charged with 1st offense OUI and alleged to have slurred speech, bloodshot and glassy eyes and failed the nine step walk and turn. After a Jury Trial, which was handled by Attorney Julie Gaudreau in the Marlborough District Court, the client was found not guilty.

Date: April 1, 2015 Category: BREATH TEST
March 2015

Client charged with OUI by Brighton State Police Barracks Client charged with a First Offense OUI, arrested by the State Police out of the Brighton State police Barracks. Client was alleged to have failed field sobriety tests and blew over twice the legal limit on the breath test. The client was arrested in a parking lot which investigation revealed was not open to the public. At trial, the defendant was found not guilty of OUI based on case law that the Commonwealth could not prove the public way element under the Massachusetts OUI Laws.

Date: March 12, 2015 Category: BREATH TEST

Client charged with OUI after crossing marked lanes Client charged with OUI offense and alleged to have crossed the marked lanes. The officer testified at trial that the defendant failed two field sobriety tests, had a strong odor of alcohol and slurred speech. At trial, the officer added damaging facts that were not in his police report and which were not testified to at a prior motion. On cross examination, the numerous inconsistencies in the officer’s testimony were pointed out and the defendant was found not guilty after Trial.

Date: March 4, 2015 Category: OUI ACCIDENTS

Client charged with First Offense OUI Client charged with First Offense OUI, after being stopped for speeding and committing two marked lane violations. The Officer testified that the client was unsteady on his feet, had bloodshot eyes and slurred speech. Officer testified that the defendant admitted to consuming six beers and that the defendant failed the nine step walk and turn and one leg stand field sobriety tests. During cross examination, the officer acknowledged that the defendant did many things correct on the field tests. The defendant testified establishing the time of the consumption. The Defendant was found not guilty in Dedham District Court of both OUI and Negligent Operation of a Motor Vehicle.

Date: March 3, 2015 Category: OUI ACCIDENTS
February 2015

Client charged with First Offense OUI after rear accident Client charged with first Offense OUI after a rear accident in Boston. The officer alleged that the client was unsteady on his feet after the accident and had difficulty with balance and following instructions on the nine step walk and turn and one leg stand field sobriety tests. Attorney DelSignore questioned the officer about the inaccuracies of the tests and emphasized areas where the defendant did follow instructions and showed good balance. The defendant’s polite and cooperative manner was stressed as well. The defendant was found not guilty of OUI after trial in the Boston Municipal Court.

Date: February 25, 2015 Category: OUI ACCIDENTS

Client charged with First Offense OUI driving home from party Client admitted to consuming a large amount of alcohol at a party. The client testified to establish that although the quantity seemed high that it was spaced out over a long day with the consumption of food. While the officer testified that the client drove erratically, the defense stressed the normal driving inconsistent with the officer’s observations and the lack of any physical evidence other than the officer’s opinion. At trial, the defense also emphasized the lack of a through investigation and lead to the defendant being found not guilty of OUI.

Date: February 12, 2015 Category: OUI ACCIDENTS

Client charged with OUI with breathalyzer result of .18 Client charged with a First OUI with a breath test result of .18. The client was alleged to have been speeding and driving erratically along with going up on the curb when pulled over. The officer claimed that the client failed the one leg stand and walk and turn test, as well as being unsteady getting out of the car and responding with slurred speech. After a motion hearing the breath test evidence was excluded as the Commonwealth could not show that the test results were conducted according to the regulations governing breath tests, the defendant proceeded to trial and was found not guilty. Cross examination of the arresting officer minimized his observations and the defendant client was found not guilty of OUI.

Date: February 11, 2015 Category: BREATH TEST
January 2015

Client charged with OUI after being extremely uncooperative Client charged with a first offense OUI and negligent operation of a motor vehicle. The client was extremely uncooperative with officer, threatening him at the police station and requesting that he give him a break at the scene and allow him to get a ride home. The State trooper claimed that the defendant failed to stay in the marked lanes, failed 3 field sobriety tests. At a motion hearing, the defendant’s admission to consuming a large amount of alcohol was excluded from evidence as the judge found that the officer did not advise the defendant of his Miranda rights. The success on this motion allowed us to proceed to trial, where it was shown that the defendant was simply angry over the arrest and that the field sobriety tests did not show he was under the influence of alcohol. The client was found not guilty of a First Offense OUI after a Trial and accepted a plea of a CWOF on the negligent operation charge, avoiding any further license loss.

Date: January 8, 2015 Category: OUI ACCIDENTS
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