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.

December 2014

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.

December 2013

12-16-13: Client charged with first offense OUI after a rear end accident. Client alleged to have failed field sobriety tests, including the alphabet test, one leg stand and nine step walk and turn. After motion of Attorney DelSignore, the OUI charge was DISMISSED by the Trial Judge.
12-11-13: Client charged with 1st Offense OUI alleged to have been speeding and drove erratically. Officer claimed that client slurred speech, had an odor of alcohol, bloodshot eyes and failed four field sobriety tests. Attorney DelSignore cross examined the officer on his observation regarding the field sobriety tests and the unreliability of the officer's scoring as well as used a booking video to discredit the officer's observations. Client found NOT GUILTY of OUI after trial.

November 2013

11-20-13: Defendant charged with OUI Drugs after police find that the car smells of marijuana, discover marijuana in the car and the defendant admits to smoking marijuana prior to driving. Officer conducts field sobriety tests and forms the opinion that the defendant was impaired by marijuana. Attorney DelSignore cross examines the officer to discredit his opinion; after trial, the defendant is found NOT GUILTY of OUI Drugs.
11-12-13: Client found asleep in the car, officer claimed that the defendant failed field sobriety tests by not reciting alphabet properly and failing to follow instructions on field sobriety tests. Client admitted to consuming hard alcohol. Client found NOT GUILTY after trial.
11-6-13: Client charged with a second offense OUI and negligent operation. After having two evidentiary hearings to challenge the admissibility of evidence the case was scheduled for trial. Upon motion of Attorney DelSignore, the CASE WAS DISMISSED.

October 2013

10-24-13: Client charged with 1st Offense OUI and took a breath test with the result .14. Attorney DelSignore filed a motion to exclude the breath test as not being scientifically reliable because not in compliance with the Regulations governing breath testing. After hearing, the Court allowed the motion. The case proceeded to trial, the officers testified that the defendant smelled of alcohol, had bloodshot eyes and failed field sobriety tests. After Jury Trial, the defendant was found NOT GUILTY of OUI.
10-9-13: Client charged with first Offense OUI with breath test result of .15 and involved in an accident. Breath test results were excluded as a result of the Commonwealth not establishing their burden of proving the reliability of the results during a motion hearing. At trial, Attorney DelSignore argued that the accident was not caused by alcohol and discredited the reliability of the field sobriety tests. Client was found NOT GUILTY of 1st Offense OUI.
10-8-13: Client arrested for OUI after a car accident. The client took a breath test with a result of .15. After motion hearing, the Court excluded the breath test results. The case proceeded to jury trial where Attorney DelSignore attacked the reliability of field sobriety, the opinion of the arresting officer and demonstrated that the accident was not caused by alcohol consumption. After jury trial, the client was found NOT GUILTY of OUI.

July 2013

7-31-13: The client was involved in a single car accident, admitted to consuming three glasses of wine, was alleged to have failed the nine step walk and turn test as well as admissions to having made a mistake. The breath test result of .12 was excluded from evidence prior to trial. The defendant was found NOT GUILTY.
7-26-13: Attorney DelSignore appealed six month breath test refusal suspension; after the suspension was affirmed by the RMV, the district court reversed the decision of the RMV suspending my client's license for breath test refusal. Client was able to obtain IMMEDIATE REINSTATEMENT OF LICENSE.
7-22-13: The defendant was charged with OUI drugs, alleging that she drove under the influence of marijuana. The Commonwealth presented testimony from an officer stating that the defendant appeared to be impaired, exhibited signs of being under the influence of marijuana and admitted to smoking marijuana earlier that day. The Commonwealth also presented evidence from a DRE or Drug Recognition Expert. Attorney DelSignore argued that the opinion of the DRE was not scientifically reliable and it was excluded from evidence. After trial, the defendant was found NOT GUILTY.
7-16-13: Defendant charged with first offense OUI and has an out-of-state license. The defendant took a breath test and register .08, police officer testified that the defendant had slurred speech and failed field sobriety tests. Attorney DelSignore called an expert to testify regarding the margin of error in breath testing. Client found NOT GUILTY of both the impairment and per se prong of Massachusetts OUI Law.
7-11-13: The Client, a Truck Driver, was charged with 1st Offense OUI alleged to have been speeding close to 100 miles per hour, failed three field sobriety tests and had bloodshot and glassy eyes. The case proceeded to trial despite the breath test being under .08. The client was found NOT GUILTY after trial.

June 2013

6-16-13: Client charged with OUI and negligent operation. The client was alleged to have crossed the mark lanes while speeding 20 miles over the speed limit. The officer testified that the client failed field sobriety tests, appeared drunk and appeared to be falling asleep during booking. The client was found not guilty of OUI after trial, cross examination, discredited the officer's testimony, resulting in a NOT GUILTY verdict on the OUI charge and a guilty verdict on the negligent operation offense.
6-13-13: Client challenged six month breath test refusal suspension; after hearing before the district court judge, the suspension was overturned as the judge found that the Registry of Motor Vehicles committed error of law in upholding the license suspension when the officer did not follow the procedures outlined in Massachusetts OUI law for suspending a license for refusing a breath test. Client's LICENSE REINSTATED IMMEDIATELY.

May 2013

5-20-13: Client charged with OUI drugs, alleged to have failed field sobriety tests, crossed the marks lanes. Client found NOT GUILTY of driving under the influence of drugs after trial.
5-5-13: Client a college student who was under 21, charged with a 1st Offense OUI. Client alleged to have drive off of the road, failed field sobriety tests and had a strong odor of alcohol on his breath. Client submitted to a breath test with a result of .16. The breath test was excluded from evidence after a two court hearings contesting the admissibility of the breath test evidence. The client was found NOT GUILTY after trial.
5-2-13: Client arrested at OUI Roadblock and alleged to have failed the alphabet test. Officer smelled an odor of alcohol and formed the opinion that the defendant was operating under the influence of alcohol. Client found NOT GUILTY after trial.

April 2013

4-26-13: Client was alleged to have driven under the influence of marijuana and admitted to smoking marijuana and failed three field sobriety tests. The client was found not guilty as the Commonwealth could not prove beyond a reasonable doubt that the client's driving was impaired by marijuana to prove the OUI drugs charge. Client found NOT GUILTY of OUI drugs after trial.

March 2013

3-27-13: Client alleged to have failed field sobriety tests, including the alphabet, alleged to have slurred speech, bloodshot and glassy eyes and to have been unsteady on her feet. Officer testified that client went through a stop sign and red light. Attorney DelSignore used a book video to show that the client was not under the influence of alcohol and attacked the officer's opinion that the defendant failed the field sobriety tests. Client found NOT GUILTY of 1st offense OUI after trial.

2012

12-11-12: Client involved in a one-car accident submitted to a breath test and the result was a .10. The breath test result came into evidence; Attorney DelSignore retain an expert to explain to the jury the flaws with breath testing and the jury returned a NOT GUILTY verdict on the per se prong and the impairment prong of Massachusetts OUI law.
11-14-12: Client charged with First Offense OUI, stopped at a roadblock, alleged to have failed three field sobriety tests, found to have slurred speech and bloodshot eyes. Client found NOT GUILTY after trial.
7-17-12: Judge grants Attorney DelSignore motion to dismiss the OUI 1st offense charge case. Case is DISMISSED.
7-12-12: Breathalyzer refusal suspension vacated by district court judge; client eligible to have license reinstated for breathalyzer refusal immediately without having to complete the full six month suspension. The client appeared at the RMV in Boston and the district court judge OVERTURNED the suspension after hearing.
6-12-12: Client charged with First Offense OUI, alleged to have been speeding 17 miles over the limit, smelled of alcohol, slurred speech, blood shot eyes and failed 3 field sobriety tests. Officer testifies that the client was unsteady on his feet, difficult and uncooperative. Client found NOT GUILTY after trial.
5-3-12: In this case, the motorist was charged with a First Offense OUI and negligent operation. The defendant was alleged to have failed five field sobriety tests, appeared unsteady on his feet, spoke with a thick and slurred speech and had blood shot eyes. After trial, the client was found NOT GUILTY of both First Offense OUI and negligent operation of a motor vehicle.
5-2-12: The client was charged with a First Offense Massachusetts OUI. The motorist was involved in an accident with two civilian witness and the arresting officer claimed that she failed field sobriety tests, was unsteady on her feet, had slurred speech, bloodshot eyes and admitted to having a couple of drinks. The case proceeded to trial and the client was found NOT GUILTY of First Offense OUI, guilty on negligent operation after trial.
4-12-12: Breathalyzer refusal appeal OVERTURNED; client's license is reinstated for breathalyzer refusal after district court judge found the Massachusetts Registry of Motor Vehicles abused its discretion in issuing the license suspension. Six month breathalyzer refusal suspension VACATED.
3-20-12: Client charged with First Offense OUI, failed a breathalyzer test results with reading of .22, failed field sobriety tests and was involved in an accident. Case dismissed as Attorney DelSignore filed a motion arguing that the police violated the 4th Amendment in seizing the defendant. As a result, client avoided a First Offense OUI conviction.
1-10-12: Client found not guilty of OUI first offense after jury trial. Police claim that client crossed the double yellow line twice and the fog line twice, smelled of alcohol, had bloodshot and glassy eyes and failed the Nine Step Walk and Turn and One Leg Stand. Result: Not guilty after jury trial.
1-3-12: Client admitted to having 5-6 beers and was alleged to have failed three field sobriety tests. Attorney DelSignore cross examined the officer using his training manual to demonstrate that the officer did not correctly score the tests. Defendant found NOT GUILTY after jury trial and regained his license for breathalyzer refusal after judge approved a motion to reinstate his license.

2011

6-7-11: Massachusetts DUI Roadblock and Breathalyzer Case: Client stopped at a Massachusetts DUI Roadblock, alleged to have failed field sobriety tests, including the alphabet test and nine step walk and turn. Client submitted to breathalyzer test with a result of .15. Attorney DelSignore had a motion allowed excluding the test results and obtained a NOT GUILTY verdict after a Jury Trial.
5-12-11: Not guilty after bench trial 1st Offense DUI charge, defendant alleged to have struck a curb, crossed the double yellow line and failed field sobriety tests.
3-22-11: OUI 1st offense. Client found NOT GUILTY of DUI after bench trial despite evidence that he failed the nine step walk and turn, one leg stand test and failed to correctly say the alphabet. Medical affidavit from client’s doctor helped to undermine the officer’s opinion regarding the reliability of the field sobriety tests.
1-18-11: Attorney DelSignore obtained a dismissal of a First Offense OUI as the court granted his motion to dismiss as the police violated his client’s right to an independent medical examination. The judge dismissed the case after an evidentiary hearing. Client who blew a .14 on the breathalyzer and was alleged to have driven on the wrong side of the road, admitted to being a little drunk, had his DUI case dismissed, no license loss for DUI.

2010

12-8-10: Three year breathalyzer refusal license suspension vacated by the district court after Attorney DelSignore appeals the breathalyzer refusal suspension. In this case, the motorist had one prior OUI conviction and refused a breathalyzer test resulting in a three year suspension. Attorney DelSignore appeared at the RMV in Boston within 15 days of the arrest to appeal the suspension; the RMV affirmed as is typical. An appeal was brought in the district court and the district court judge ruled that the RMV abused its discretion in suspending the motorist’s license for breathalyzer refusal and the court vacated the three year refusal suspension.
9–10-10: OUI First offense not guilty verdict after bench trial where State Trooper alleges that the defendant was driving erratically, smelled of alcohol, had slurred speech, was unsteady on her feet and failed the alphabet test. Client avoided First Offense OUI conviction and loss of license for OUI and negligent operation of a motor vehicle.
4-1-10: OUI, 1ST Offense, NOT GUILTY, BENCH TRIAL. Client alleged to have failed field sobriety tests, including walk and turn and one leg stand, officer claimed to have smelled an odor of alcohol. Client found NOT GUILTY after a bench trial.
1-19-10: 4th Offense OUI, breathalyzer reading .14 suppressed, OUI NOT GUILTY after jury trial. Not guilty negligent operation. Client avoids 10 year loss of license and mandatory one year jail sentence.
1-5-10: OUI dismissed on day of trial following motion to dismiss. License reinstated as a result of Breathalyzer refusal, client avoids serving the full six month license loss for breathalyzer refusal.

2009- Late 2008

8-26-09: 2nd Offense OUI. Client alleged to have driven erratically, swearing all over the road and failed several field sobriety tests and had an open container in the car. After trial, client found NOT GUILTY of a Second Offense Massachusetts DUI.
4-21-09: Client found NOT GUILTY of a Second Offense Massachusetts OUI charge after a jury trial . The Commonwealth presented the testimony of a civilian witness that the defendant drove erratically, police testified that the defendant failed field sobriety tests and that the defendant had bloodshot, glassy, eyes and slurred speech.
2-10-09: OUI, 2nd Offense, Negligent Operation of a Motor Vehicle, speeding, marked lanes violation. CASE DISMISSED.
1-21-09: 1st Offense OUI charge DISMISSED as Attorney DelSignore persuades prosecutor to allow the defendant to admit to negligent operation due to weaknesses in the Commonwealth’s case that may have resulted in the case being dismissed by the court.
9-15-08: 2nd Offense DUI dismissed in Attleboro District Court as court granted motion to suppress excluding all evidence as the police officer lacked authority to arrest the defendant for OUI in Attleboro, Massachusetts. In this case, the police alleged that the defendant drove erratically into Massachusetts, claimed that the defendant admitted to drinking seven or eight beers and was uncooperative at the scene of the arrest. As a result of the court granting Attorney DelSignore’s motion to suppress after testimony from the officer, the 2nd Offense OUI charge was dismissed. Client avoided having to have the ignition interlock installed in his vehicle and a two year mandatory license loss.