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.

July 2015

7-22-15: 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.

June 2015

6-1-15: In this case, the 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.

May 2015

5-18-15: In this OUI matter, 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.

5-4-15: 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.

April 2015

4-1-15: 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.

March 2015

3-12-15: 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.

3-4-15: 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.

3-3-15: 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.

February 2015

2-25-15: 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.

2-12-15: In this case, the 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.

2-11-15: 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.

January 2015

1-8-15: 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.

December 2014

12-23-14: Client refused a breath test. At the RMV hearing, Attorney DelSignore convinced the hearing officer that the refusal suspension was in violation of Massachusetts OUI Laws. The Hearing officer agreed and vacated the refusal suspension restoring the client's license prior to six months.

12-11-14: Client charged with a First Offense OUI with a breath test result at the legal limit of .08. Client alleged to have committed numerous civil traffic infractions and to have crossed the mark lanes and following another car too close. Officer found the client to have bloodshot eyes and alleged to have failed field sobriety tests. Attorney DelSignore was able to convince the prosecutor to dismiss the OUI offense in exchange for a plea on the charge of negligent operation.

12-8-14: Client charged with Second Offense OUI after being stopped at a Roadblock in Taunton. The officer testified that the client had slurred speech, bloodshot eyes, stronger odor of alcohol and failed field sobriety tests. After trial, the client was found not guilty and avoided the two year license loss for a second offense OUI.

12-5-14: Client arrested for OUI after failing field sobriety tests and allegations that he drove over the double yellow line four separate times. The client submitted to a breath test with a reading of .09. Attorney DelSignore was able to get the district attorney to agree to dismiss the OUI charge in exchange for a plea on the negligent operation charge.

November 2014

11-24-14: Client charged with a First Offense OUI after, allegedly almost striking the curb, claims of overwhelming odor of alcohol, heavily slurred speech and almost falling down on field sobriety tests. Client took a breath test with a result of a .19. After a motion hearing, the breath test was excluded from evidence as the officer did not comply with the regulations governing breath tests. At trial, Attorney DelSignore attacked the officer’s opinion that the client did not pass field sobriety tests and demonstrated that the officer overstated the extent of the alleging poor driving based on pictures of the scene. After trial, the defendant was found not guilty of both the OUI offense and the negligent operation count, avoiding any license suspension or probationary period.

11-17-14: Client charged with OUI Drugs and reckless operation of a motor vehicle. Client alleged to have been driving under the influence after causing a serious accident. After motions were heard and several conferences with the prosecutor, the OUI drugs charge was dismissed and the client accepted a plea to the reckless operation charge.

11-13-14: Client charged with first offense OUI; at trial, the officers testified that the defendant nearly struck two telephone poles, failed three field sobriety tests including the alphabet test, one leg stand and nine step walk and turn. Officers testified that the defendant was upset during the booking process. At trial, pictures of the scene assisted in discrediting the severity of the alleged erratic driving. The officer was confronted with his training and acknowledged not administering the field exercises properly. After trial, the defendant was found not guilty.

11-12-14: Client charged with First Offense OUI after crashing into median. The client was alleged to have bloodshot and glassy eyes, being unsteady while walking and smelling of alcohol. The officer testified that the defendant failed the nine step walk and turn and admitted to consuming a couple glasses of wine. Attorney DelSignore pointed out for the jury that the defendant walked without difficulty numerous times during the encounter, did not act like someone under the influence and that the accident may have been caused by weather conditions. After trial, the defendant was found not guilty.

11-10-14: Client lost license for six months for refusing a breath test. Attorney DelSignore appealed the suspension for the RMV in Boston. At the RMV hearing, the Registry Hearing Officer denied the request for reinstatement. The decision of the RMV was appealed to the district court where the OUI charge was pending. After a hearing before a judge, the suspension was vacated. The client was able to regain his license prior to serving the full six month suspension period. *Breath test refusal suspension vacated.

11-4-14: Client lost license for three years for refusing a breath test. After a not guilty verdict at trial on the 2nd offense, Attorney Julie Gaudreau presented a motion to the Court to have the defendant’s license reinstated. The motion was allowed vacating an 18 month license loss. Client was back on the road with full driving privileges.

October 2014

10-31-14: Client lost license for three years for refusing a breath test; we went for a hearing at the RMV contesting the refusal and were denied, took an appeal to the Boston Municipal Court where the OUI charge was pending and had the license suspension reversed after a hearing based on Attorney Gaudreau arguments to the Court.

10-30-14: Client alleged to have driven on the wrong side of the road. Officer testified that the client had slurred speech, bloodshot eyes, was unsteady on her feet and failed 2 field sobriety tests, including the nine step walk and turn and alphabet test. The client’s breath test result of .16 was suppressed from evidence as the machine was not working properly and accordingly the results were not admitted at trial. After trial, the defendant was found not guilty, avoiding any license loss for OUI.

10-20-14: Client charged with a first offense OUI, alleged to have been speeding and failing to yield at an intersection. The officer testified that the client had slurred speech, bloodshot and glassy eyes and did not perform field sobriety tests correctly. The officer further testified that the defendant changed his story regarding the number of beers consumed. At trial, Attorney DelSignore pointed out the many things that the defendant did correctly on the field sobriety tests, emphasized that the defendant pulled over safely and was alert behind the wheel. Additionally, we emphasized the client’s polite and cooperative demeanor to demonstrate that he did not act like someone under the influence of alcohol. After trial, the defendant was found not guilty of OUI.

10-3-14: Client charged with First Offense OUI, the defendant was alleged to have been speeding and driving unsafely after passing a police officer. The defendant was ordered from the car. The officer alleged that the defendant had an open container of beer in the car, failed field sobriety tests and blew a .14 on the breath test. After a motion hearing, the Judge found that the officer did not have a basis to order the defendant from the Car and the case was dismissed as a result of the violation of the defendant's rights under Article 14 of the Massachusetts Constitution, known as the Declaration of Rights.

September 2014

9-23-14: Client charged with a First offense OUI, officer claims that the defendant had slurred speech, bloodshot eyes, was uncooperative at the scene and at the station. The officer testified that the client failed field sobriety tests. The client was found not guilty. Attorney DelSignore pointed out the lack of evidence of unsafe driving and the numerous things that the defendant did well in performing the field sobriety tests which helped achieve the not guilty verdict in the case.

9-9-14: Client charged with OUI first offense, alleging marked lanes violation. The officer claimed that the defendant had slurred speech, bloodshot eyes and smelled of alcohol. The case was dismissed on the trial date after a motion to dismiss was argued by Attorney DelSignore.

August 2014

8-18-14: Client charged with Second Offense OUI after one car accident. Client refused medical attention and alleged to have slurred speech and appeared unsteady on his feet. Client admitted to having a few beers prior to the accident. After Trial, Client was found not guilty of OUI and accepted a plea on the negligent operation count of the complaint.

June 2014

6-24-14: Client charged with 1st offense OUI alleged to have been speeding and traveling with headlight out. Officer claimed that the client admitted to having three beers and failed three field sobriety tests including the alphabet, walk and turn and a counting test. After a motion hearing the open containers found in the vehicle was suppressed from evidence. At trial, Attorney DelSignore emphasized that there was no erratic driving, field sobriety tests were subjective and unreliable. The client was found not guilty.

6-19-14: Client charged with Second Offense OUI after an accident. Attorney DelSignore played a video from the scene showing that the client did not appear under the influence of alcohol. Additionally, the judge allowed the motion to exclude medical records on the grounds that the client would be denied the right of confrontation. After trial, the client was found not guilty.

6-5-14: Client charged with First Offense OUI, alleged that she was speeding, failed the one leg stand and nine step walk and turn. Client agreed to take a breath test with a reading of .14. After a motion hearing, the Court excluded the breath test from evidence finding that the Commonwealth did not comply with the regulations governing breath testing. This was a full day hearing where the judge viewed the evidence and took the motion under advisement. We received a written decision excluding the results from evidence. At trial, Attorney DelSignore discredited the reliability of the field sobriety tests. The defendant was found not guilty avoiding any license loss for OUI and any criminal conviction.

April 2014

4-25-14: Client stopped for OUI at a State police roadblock. Attorney DelSignore filed a motion to suppress arguing that the officer improperly directed the motorist from the flow of traffic in violation of the Constitution and the State police plan. The Judge allowed the motion to suppress, was resulted in the observation of the officer being excluded from evidence and results of all field sobriety tests. The result was the case was dismissed based on the Judge granting the motion. Client avoided any license suspension for OUI and having a conviction for drunk driving.

4-24-14: Client had her license suspended for six months for refusing a breath test; Attorney DelSignore appealed the refusal suspension, first going to Boston for a hearing before the Registry of Motor Vehicles. The RMV denied the request for reinstatement. The refusal suspension was appealed to the district court where the Judge overturned the suspension for breath test.

4-17-14: Client charged with 2nd offense OUI with breath test results of .14. the client was alleged to have failed field sobriety tests, had slurred speech and smelled of alcohol according to the officer. The case was won as it was proven at a motion hearing that the initial stop was in violation of the Fourth Amendment, resulting in the dismissal of the case. The client avoided a two year license loss and having to complete a 14 day in-patient program as required if convicted of a Second Offense OUI.

March 2014

3-20-14: In this case, my client was charged with a First Offense OUI after being involved in a one car accident and failing field sobriety tests. Police officer administered the Nine Step Walk and Turn, One Leg Stand, Alphabet Test and a Counting test finding that the client failed each of these tests. Client admitted to consuming three beers. After Trial, the client was found not guilty.

February 2014

2-27-14: Client arrested for OUI after leaving a concert and alleged to have Four Beers. Officer claimed that the client was speeding and drove over the break down line referred to as the fog line. Officer claimed that the client failed the walk and turn test, one leg stand and was unsteady getting out of the car. Client found not guilty after trial.
2-26-14: Client alleged to have driven erratically, admitted to consuming four beers and failed field sobriety tests. The Client took a breath test with a result of a .12. After a lengthy motion hearing, the Judge found that the breath test should not be admitted at trial. At trial, the client was found not guilty of OUI and avoided what would have been a Three month license loss as a result of possessing an out-of-state license.
2-24-14: Client had license reinstated after an Appeal of a Breath Test refusal suspension. The client avoided a three year license loss after Attorney DelSignore persuaded the RMV to overturn the suspension.
2-10-14: Client charged with 1st Offense OUI, alleged to have failed breath test and blew a .10 on the breath test at the police station. After hearing on motion to suppress, the Court Granted Attorney DelSignore motion dismissing the case finding that the officer did not have reasonable suspicion to seize the defendant and request field sobriety test be performed. The result the case was dismissed in its entirety.

January 2014

1-15-14: Client charged with First Offense OUI, alleged to have been speeding and failed four field sobriety tests including the alphabet. On cross examination, the officer was impeached with his police report which did not detail what the client did wrong on the field sobriety. Officer tried to include additional details at trial not contained in the police report. After Trial, Client found NOT GUILTY of OUI.
1-9-14: OUI Drugs charge DISMISSED after negotiation with district attorney; client accepted plea to charge of negligent operation charge.

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