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DUI Case Results (2017)

June 2017

.14 Client found not guilty out of the Westborough District Court Client charged with first offense OUI after being stopped by the State police out of the Milbury barracks and had her cases heard in the Westborough District Court. The officer claimed that the defendant failed 2 field sobriety tests, had an odor of alcohol on her and that her eyes appeared bloodshot and glassy. The client took a breath test which registered .14. Despite the breath test coming into trial, Attorney DelSignore convinced the judge that the results were not reliable enough to convict the defendant of OUI under the per se prong. The Judge found the defendant not guilty under oath the per se and impairment theory after a bench trial.

Date: June 29, 2017 Category: OUI ACCIDENTS

Client avoid OUI conviction out of Falmouth District Court despite civilian testimony on erratic driving. The defendant was charged with a 1st offense OUI out of the Falmouth District Court and was arrested by a State Trooper. It was alleged that the defendant was unsteady on his feet and failed field sobriety tests. The officer testified to the defendant driving erratically and weaving in and out of his lane on the Bourne Bridge. A civilian witness also testified at trial about the defendant erratic operation. At trial, Attorney DelSignore obtained important testimony from the civilian witness about the weather that the officer did not recall. The Trooper was cross examined about the defendant's performance on the field sobriety tests. The Trooper acknowledged many of the things that the defendant did correct and admitted that the field exercises can be subjective. After a six hour deliberation, the jury was unable to agree resulting in Hung Jury. The defendant was found guilty on the negligent operation charge. After the Hung Jury on the OUI charge, Attorney DelSignore was able to work out a resolution avoiding a retrial on the case. The client ultimately obtained a dismissal of the OUI charge after a two day jury trial.

Date: June 20, 2017 Category: OUI ACCIDENTS

In this case, Attorney DelSignore was able to obtain a dismissal of the case on the trial date after the Commonwealth was unable to proceed at trial.

Date: June 13, 2017 Category: OUI ACCIDENTS

2nd Offense OUI Sobriety Checkpoint Arrest from Taunton District Court, .16 breath test found not guilty In this case, the client was arrested at a sobriety checkpoint. The client was alleged to have slurred speech, a strong odor of alcohol, bloodshot and glassy eyes, failing both the one leg stand and nine step walk and turn. The client took a breath test which read .16. After length litigation, the breath test was excluded from evidence. Attorney DelSignore discredited the officer's opinion and emphasized that if an officer permits a person to drive into the screening area, that should provide reasonable doubt. Additionally, it was point out that the Commonwealth could not exclude causes other than alcohol for the signs of impairment that the officer testified to. After trial, the defendant was found not guilty.

Date: June 12, 2017 Category: OUI ACCIDENTS

.10 Breath test out of the Milford District Court, client found not guilty after Trial In this case, the client was arrested by the Hopedale police department and the case was originally heard in the Milford District Court. The client took a breath test which registered a result of .10; the test result was excluded from evidence based on the failure of the State to have procedures at the time of the annual certification of the machine. The case was transferred to Worcester District Court for trial. Attorney DelSignore questioned the officer about how the client performed on the field exercises, pointed out that she did many of the things right on the nine step walk and turn. The officer conceded during cross examination that the client was alert and an edited booking video showed that the client did not appear under the influence of alcohol. After trial, the defendant was found not guilty of OUI 1st offense.

Date: June 9, 2017 Category: OUI ACCIDENTS

.18 breath test, client found not guilty out of the Taunton District Court after Jury Trial The client was charged with OUI 1st offense and arrest by the Rehoboth police department. The client was alleged to have consumed 4 mixed drinks, failed 2 field sobriety tests, crossed the marked lanes and submitted to a breath test that produced a reading of .18. After a motion hearing, the breath test results were excluded as the police department did not follow the proper protocol in administering the test. The case proceeds to jury trial in the Taunton District Court. Attorney DelSignore questioned the officer about the road conditions and the weather as being a cause for any alleged bad driving. On the field sobriety tests, the officer was challenged as to whether a one leg stand test would be reliable for a person the size of my client in the case and on the nine step walk and turn it was argued that the defendant did more things correctly than incorrectly on the exercise. After a short deliberation of about 15 minutes, the Jury came back with a verdict of not guilty on both the OUI charge and negligent operation charge. The client avoided any further license loss associated with an OUI offense.

Date: June 6, 2017 Category: OUI ACCIDENTS
May 2017

OUI Drugs charge client get diversionary treatment avoiding any criminal convictionClient charged with an OUI drugs charge out of the Ayer District Court. An OUI drug charge is a difficulty charge for the Commonwealth to prove and in this case there were some evidentiary issues that Attorney DelSignore and Gaudreau pointed out to the prosecutor during the course of the case. As a result, we were able to negotiate a diversionary treatment of the case; the client avoided any conviction for OUI drugs and any license loss associated with the charge. The case will be dismissed after one year.

Date: May 23, 2017 Category: OUI ACCIDENTS

.14 Breath test out of the Taunton District Court not guilty after Trial In this case, my client was charged with a first offense OUI. The client was alleged to have been speeding back toward his college campus and was stopped by the Easton Police department. The officers claimed that the defendant failed field sobriety tests. The client agreed to a breath test with a result of a .14. After numerous legal challenges to the admissibility of the breath test, the result was excluded. At trial, the officer was crossed examined regarding the many aspects of the field tests that the defendant performed correctly and other evidence that contradicted the officer's opinion that the defendant was impaired. After trial, the defendant was found not guilty of a 1st Offense OUI.

Date: May 23, 2017 Category: BREATH TEST

Second Offense Oui out of Newton District Court not guilty Client was charged with a second offense OUI out of the Newton District Court. The police alleged that the client went through a stop sign and was driving erratically. The officer claimed that the defendant failed 2 field sobriety tests, had bloodshot and glassy eyes as well as admitted to consuming 3 drinks. At trial, the defendant testified regarding his driving and the timing of the drinks and what type of alcohol was consumed. The defendant also explained his action on that night. The officer was cross examined on his knowledge of the field tests and deviated from his training on a number of occasions. After trial, the defendant was found not guilty.

Date: May 17, 2017 Category: OUI ACCIDENTS

Dedham District Court: .09 Breath Test Jury finds client not guilty Client charged with a first Offense OUI out of the Dedham District Court. The case originated in Stoughton but was transferred to Dedham for Jury Trial. After a motion hearing to exclude the breath test was denied, we retained an expert to challenge the accuracy of the breath test. At trial, the expert testified to the margin of error of the breath test machine. Also at trial, Attorney DelSignore cross examined the State Trooper regarding the client's performance on the field exercise, with the officer admitting the defendant did very well on the one leg stand. In this trial, the client testified that he only had 2 beers and did not feel impaired. The client's daughter also testified to her observations. After a jury trial, the client was found not guilty of a First Offense OUI.

Date: May 16, 2017 Category: BREATH TEST

.12 Breath test out of Westborough District Court not guilty after trial In this case, the client was charged with a First offense OUI by the Southborough police. The case began in the Westboro District Court and was transferred to Worcester District Court for trial. Attorney DelSignore joined this case to the consolidated breath test litigation. After many years of motions and litigation, the breath test was excluded from evidence. At trial, Attorney DelSignore cross examined the arresting officer to show what the client did correct on the field tests. Video evidence showed that the client complied with many of the officer's requests. After trial, the defendant was found not guilty.

Date: May 9, 2017 Category: BREATH TEST

OUI .15 breath test out of Martha's Vineyard not guilty after trial Client charged with First Offense OUI by the Tisbury police and the case was heard in the Edgartown District Court. The client was on vacation on Martha's Veinyard and was driving on Beach Road; the officer alleged that he saw her cross the center line, and went through the stop sign. The client was alleged to have failed field sobriety tests, including an alphabet test, number count and one leg stand. The officer alleged that there was an open container of alcohol in the car. At the police station, the client agreed to take a breath test which registered .15. After a motion hearing the breath test was excluded from evidence. At trial, Attorney DelSignore cross examined the officer about the field tests. In particular, the officer knowledge not knowing the duration of time the defendant had her foot up; and also testified that he thought someone literally had to touch their feet together on the walk and turn test. When confronted with his police training, the officer acknowledged his error. After trial, the defendant was found not guilty of a 1st OUI and the negligent operation charge was dismissed.

Date: May 4, 2017 Category: BREATH TEST
April 2017

Quincy Roadblock found unconstitutional, case dismissed Client charged with First Offense after being stopped at a Roadblock on Route 18 in Weymouth and the case was heard in the Quincy District Court. After a lengthly 2 day motion, the judge found that the procedures used to establish the roadblock were not complied with. The Court found that the officer did not properly greet my client as required under the State police plan that governs roadblocks. The client took a breath test which was .15, but the case was dismissed based on the successful motion to suppress.

Date: April 21, 2017 Category: OUI ACCIDENTS

.10 breath test client found not guilty Client was charged with a First Offense Oui out of the New Bedford District Court. The client was alleged to have driven erratically, failed a one leg stand test. The client agreed to take a breath test and the result was .10. The breath test was excluded from evidence at trial. At trial, the defendant was found not guilty of OUI.

Date: April 11, 2017 Category: BREATH TEST

Not Guilty First Offense OUI Boston Municipal Court Jury Trial In this case, the client was charged with a first offense OUI out of the Boston Municipal Court. The client was alleged to have been speeding, had difficulty with balance on the field sobriety tests and getting out of the car. At trial, Attorney DelSignore was able to have the officer concede that the client did very well on the nine step walk and turn, and showed the jury the things that the client did correct to rebut the officer's opinion that he was under the influence of alcohol. After a Jury trial, The jury returned a verdict of not guilty within 10 minutes.

The client lost his license only for three months for the charge as a result of the not guilty verdict and the refusal suspension being overturned after an appeal to the district court.

Date: April 10, 2017 Category: OUI ACCIDENTS
March 2017

Under 21 Driver Found not guilty of OUI Client charged with 1st offense OUI by the Bridgewater police department and the case was heard in the Brockton District Court. The client was under 21 and was alleged to have committed some civil traffic infraction; he was alleged to have slurred speech, bloodshot eyes, and bring unsteady getting out of the car. The officer testified that he failed 4 field sobriety tests, including the alphabet test. After cross examination, it was pointed out that the defendant did many things correctly in operating his car, during the field tests and did not look impaired in the booking video. After trial, the defendant was found not guilty.

Date: March 30, 2017 Category: OUI ACCIDENTS

2nd Offense OUI not Guilty after Jury Trial in Worcester District Court In this case, the client was charged with a 2nd offense OUI out of the Westborough District Court, by the Northborough police and the case went to Worcester District Court for trial. Julie Gaudreau handled the trial for DelSignore Law and was very effective in cross examining the arresting officer, to show the areas where the client did well on the field tests and to minimize any claims of erratic driving. Evidence of roadwork was presented to offset claims that the defendant crossed the double yellow lines. Her performance impressed the trial judge who called our office to praise her performance. After a jury trial, the defendant was found not guilty. The defendant was a lawyer and would have faced professional discipline if there was a conviction.

Date: March 20, 2017 Category: OUI ACCIDENTS

Open Containers Obtained by State Police Excluded From Evidence and Client Found Not Guilty of First Offense OUI and Negligent Operation In this case, the client was charged with a First Offense OUI and negligent operation charge after being arrested by the Massachusetts State Police and transferred to the Dartmouth police barracks. The case was heard in the New Bedford District Court. After a motion to suppress, the court ruled that the open containers of alcohol was illegally seized and excluded them from evidence. At trial, two State Troopers testified; Attorney DelSignore confronted them about their recollection of the incident, point out inconsistencies and used a booking video to show that the client did not appear under the influence of alcohol. After trial, the defendant was found not guilty.

Date: March 7, 2017 Category: OUI ACCIDENTS

RMV Grant Client Hardship License DelSignore appeared at the RMV to assist a client with a hardship license. The RMV granted the work license, assign the client in moving forward with employment.

Date: March 6, 2017 Category: OUI ACCIDENTS

Boston Municipal Court First Offense OUI Dismissed Client charged with First Offense OUI and the case was hard in the Boston Municipal Court. After several motions hearings, and after a motion to dismiss, the case was dismissed as the prosecutor was not prepare to go forward with the case.

Date: March 5, 2017 Category: OUI ACCIDENTS
February 2017

2nd Offense OUI Case Dismissed After Breath Test Excluded from Evidence Client charged with OUI 2nd offense out of the Chelsea District Court. Attorney DelSignore was able to get the breath test excluded from evidence. When the case was scheduled for trial, Attorney DelSignore was able to persuade the judge to dismiss the case as the Commonwealth was not ready for two trial dates.

Date: February 21, 2017 Category: BREATH TEST

Leominster District Court First Offense OUI Roadblock Case Dismissed In this case, the client was charged with a First Offense OUI after being stopped at a roadblock. The case was heard in the Leominster District Court. After several motion hearings in the case, the Commonwealth could not produce an essential witness, resulting in the dismissal of the case.

Date: February 17, 2017 Category: OUI ACCIDENTS

Hardship License Approved Early After DelSignore Law Appears at Board of Appeals DelSignore Law appeared at the Board of Appeals to obtain a hardship license prior to the expiration of the typical one year waiting period for a hardship; the Board approved a hardship license after six month allowing the client to get his license back six months earlier based on his work hardship as well as the documentation presented to the Board of Appeals.

Date: February 16, 2017 Category: OUI ACCIDENTS

Rhode Island Client Found Not Guilty, Avoiding both Massachusetts and Rhode Island License Suspensions Client charged with 1st offense OUI by the Mendon police. The case began in the Milford District Court and was transferred to Worcester for trial. At trial, the officer testified that the client was swerving on the road, crossed the marked lanes and made a turn from the wrong lane. Additionally, the officer claimed that the defendant failed 3 field sobriety tests. At trial, Attorney DelSignore confronted the officer about the condition of the road and the extent of the traffic infractions; challenged the officer on how he conducted the field sobriety tests and whether the client was given the proper instructions. After trial, the defendant was found not guilty. Since the client had a Rhode Island license, the client avoided not only an additional 45 suspension in Massachusetts, but between a three and six month suspension in Rhode Island.

Date: February 1, 2017 Category: OUI ACCIDENTS
January 2017

Malden District Court OUI Roadblock Client found Not Guilty After Arresting Officer is Cross Examined Client stopped at an OUI Roadblock in Everett, Massachusetts and brought to the Malden District Court. Two officers testified that the defendant failed field sobriety tests, had an odor of alcohol and glassy eyes. After cross examination of the arresting officer, Attorney DelSignore obtained numerous concessions including an admission as to the substantial number of things that the client did correct in performing the exercise. After Jury trial, the defendant was found not guilty of OUI.

Date: January 30, 2017 Category: OUI ACCIDENTS

Client Arrested by State Police Found Not Guilty After Breath Test Machine and Officer's Observations are Discredited In this case, the defendant was arrested by the State police Dartmouth barracks and the case was heard in the New Bedford District Court. The defendant was alleged to have driven erratically and field field sobriety tests. The defendant also took a breath test which registered .09. After trial, Attorney DelSignore convinced the Court that the machine has a margin of error and discredited the officers observations of impairment through cross examination and playing the booking video of the defendant. The defendant was found not guilty under both the per se prong over .08 and under an impairment theory.

Date: January 27, 2017 Category: BREATH TEST

Fitchburg District Court OUI Drugs Client Avoids License Loss In this case, the client was charged with OUI drugs out of the Fitchburg District Court along with other misdemeanor offenses. On the day of trial, Attorney DelSignore negotiated with the district attorney a dismissal of the OUI charge in exchange for a plea on the misdemeanor offense. The client did not lose his license for OUI drugs and face additional license suspensions.

Date: January 10, 2017 Category: OUI ACCIDENTS

Judge Dismisses 1st Offense OUI out of Boston Municipal Court Client charged with a first offense OUI and a breath test of .08. The case was scheduled for trial in the Boston Municipal Court. After hiring an expert to appear, the Commonwealth was not ready for trial and as a result the judge allowed a motion to dismiss the case.

Date: January 5, 2017 Category: BREATH TEST

1st Offense OUI License Loss Overturned after Appeal to the Boston Municipal Court In this case, client was charged with a 1st offense OUI and lost his license for 6 months for refusing the breath test. After appearing at the RMV and having the reinstatement request denied, we appealed to the Boston Municipal Court where the suspension was overturned, and the client was allowed to drive prior to the expiration of the six month period.

Date: January 5, 2017 Category: OUI ACCIDENTS
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