DUI Case Results
Below is a list of 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.
5-5-13: Client a college student who was under 21, charged with a 1stOffense 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.
4-26-13: Not guilty OUI drugs: Client found not guilty of OUI drugs after trial. 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.
3-27-13: Client found not guilty of 1st offense OUI after trial. 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.
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: OUI 1st offense charge dismissed after judge grants Attorney DelSignore motion to dismiss the case.
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 found not guilty after jury trial on First Offense OUI charge. 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 and regained his license for breathalyzer refusal after judge approved a motion to reinstate his license.
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.
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.
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.
8-26-09: 2nd Offense OUI, NOT GUILTY. 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.
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.