December 2016 Military Status Used to Find Not Guilty Verdict for Client with Failed Breathalyzer and FST In this case, out of the Ayer District Court, the client took a breath test which was over .08 and was alleged to have driven erratically and failed field sobriety tests.
Category: BREATH TEST Client Found Not Guilty after Medical Evidence is Presented to Explain Failed FST In this case the client had a trial in the Worcester District Court. The client was alleged to have crossed the marked lanes, failed three field sobriety tests and was unsteady on his feet. Attorney DelSignore had presented medical evidence to explain the client's performance on the one leg stand and had the client testify to rebut some of the claims of the officer. On cross examination of the officer, it was revealed that the client did not display some common signs of being under the influence. After trial, the client who also had a commercial pilots license, was found not guilty.
Category: OUI ACCIDENTS First offense OUI resulted in Not Guilty after Breath Test Results are Challenged In this case, the client was charged with a first offense OUI by the State police out of the Dartmouth barracks. The client was alleged to have failed field sobriety tests, had slurred speech and was unsteady on his feet. The client took a breath test registered a .08. At trial, Attorney DelSignore pointed out the inaccuracy of the machine and delay between the time of the test and the time of driving. The client was found not guilty avoiding any further license loss.
Category: OUI ACCIDENTS First Offense Westborough OUI Dismissed Client charged with 1st offense OUI and failing to stop for the police out of the Westborough District Court, and stopped by the State police. This case was dismissed on the trial date as the Commonwealth was not ready to go forward.
Category: OUI ACCIDENTS Under 21 Client Found Not Guilty After Officer Testimony Discredited In this case, our client was found not guilty of a first offense OUI after allegedly failing field sobriety tests, having an odor of alcohol and bloodshot and glassy eyes. At the time of the incident the client was under 21. The client was arrested by the East Bridgewater police and the case was heard in the Brockton District Court. The officer suspected that the client was under the influence based on his statement that he had come from Spring Fest. At trial, Attorney DelSignore cross examined the officer and discredited his testimony that he failed the nine step walk and turn and one leg stand field sobriety tests. The video was also used showing that the client did not look under the influence of alcohol or act drunk. After trial, the client was found not guilty of a first offense OUI, avoiding a further license loss of 210 days.
Category: OUI ACCIDENTS Client Found Not Guilty after Cross Examination During Jury Trial Reveals Inconsistencies in Police Report In this case, the client was arrested by the Norfolk police and the case was heard in the Wrentham District Court. The client was stopped based on a 911 call of an erratic operator. At trial, the officer testified that the client was extremely unsteady on his feet and had trouble standing. Attorney DelSignore discredited this testimony on cross examination, pointed out inconsistencies in the police report. The client was found not guilty after Jury trial.
Category: OUI ACCIDENTS Judge Overturned 6 Month Breath Test Refusal License Suspension After Hearing In this case, our client refused a breath test, resulting in a six month license suspension. We appealed the suspension to the district court where the OUI case is pending. After a hearing the judge overturned the suspension allowing the client to get back on the road prior to the Six Month refusal suspension expiring.
Category: OUI ACCIDENTS Second Offense OUI Dismissed after Case Review with Prosecutor In this case, the client was charged with a second offense OUI out of the Framingham District Court. The client was charged with driving under the influence of Drugs. After reviewing the case with the prosecutor, Attorney DelSignore was able to negotiate a dismissal of the OUI charge in exchange for the client accepting a plea on the negligent operation offense.
Category: OUI ACCIDENTS November 2016 .14 Breath Test Excluded from Evidence and Client Found Not Guilty The client took a breath test that registered .14. After a motion was filed by Attorney DelSignore, the breath test was excluded from evidence. The case proceeded to trial. At trial, the Bridgewater police officers testified that the client failed 3 out of 4 field sobriety tests, and slurred her speech as well as smelled of alcohol. During cross examination, Attorney DelSignore point out what the client did correctly, her appropriate demeanor and alertness during booking. The defendant was found not guilty in a case out of the Brockton District Court.
Category: BREATH TEST 1 Year CDL Suspension Avoided after Client Found Not Guilty In this case, the client a CDL driver was charged with a first offense OUI. The client refused a breath test. This suspension was appealed to the district court and overturned by the court, allowing the defendant to have his license reinstated within 60 days rather than having a 180 day suspension. At the trial, the client was involved in an accident. The State trooper testified that the defendant failed the one leg stand and nine step walk and turn. The officer also testified that the defendant had bloodshot and glassy eyes. As part of the defense, video was introduced from the State police barracks showing that the client did not appear under the influence of alcohol. After trial in the New Bedford District Court, the client was found not guilty, avoiding a one year suspension of his CDL.
Category: BREATH TEST Westborough District Court First Offense OUI Client Found Not Guilty after Trial In this case, out of the Westborough District Court, the client was charged with a first offense OUI. The client took a breath test registering under the legal limit, but the case still had to proceed to trial. The client failed the one leg stand after three attempts, was swaying on the nine step and had difficulty getting out of the car. The officer testified that the client was speeding 30 mph over the speed limit, and committing numerous marked lane violations. The client took a breath test which registered a .07. After trial in the Worcester District Court, the client was found not guilty. The Commonwealth will not dismiss case even if the breath test is under the legal limit, requiring these cases to go to trial.
Category: BREATH TEST August 2016 Open Container First Offense OUI Client found Not Guilty out of Brockton District Court 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.
Category: OUI ACCIDENTS Client arrested for First Offense OUI after Several 911 Calls. Case Dismissed on Trial Date. 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.
Category: BREATH TEST Client Found Not guilty After Being Involved in Accident, Failed 3 Field Sobriety Tests and admitted to consuming 3 beers. 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.
Category: OUI ACCIDENTS May 2016 First Offense OUI Client Found Not Guilty After Failed FSTs, .14 Breath Test and Speeding .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.
Category: BREATH TEST UMass Amherst Student with .20 Breath Test and Failed FSTs found Not Guilty after Breath Test Excluded from Evidence. 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.
Category: BREATH TEST Cross Examination of Officer and Booking Video Evidence Find Client Not Guilty of First Offense OUI 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.
Category: OUI ACCIDENTS OUI Drugs License Suspension Successfully Appealed and Reinstated Client had license suspended for immediate threat based on an OUI drugs charged. The client appealed the suspension to the Board of Appeals.
Category: OUI ACCIDENTS First Offense OUI Involving Accident, Admission and Failed Field Sobriety Tests Dismissed 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.
Category: OUI ACCIDENTS March 2016 6 month Breath Test Refusal License Suspension Successfully Appealed and License Reinstated Immediately 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.
Category: BREATH TEST Car Accident License Suspension Successfully Appealed and License Reinstated 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.
Category: OUI ACCIDENTS Client Found Not Guilty of OUI After 2 Day Jury Trial 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.
Category: OUI ACCIDENTS Under 21 OUI Dismissed After Plea Negotiation 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.
Category: BREATH TEST Attleboro OUI Client Found Not guilty of OUI and Negligent Operation 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.
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