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DUI Case Results (2014)

December 2014

Client refuses breath test. 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.

Category: BREATH TEST

Client gets breath test result of .08 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.

Category: BREATH TEST

Client charged with Second Offense OUI after Roadblock stop 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.

Category: BREATH TEST

Client charged with OUI after failing field sobriety tests 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.

Category: BREATH TEST
November 2014

Client charged with First Offense OUI 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.

Category: BREATH TEST

Client charged with OUI drugs and reckless operation. 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.

Category: OUI ACCIDENTS

Client charged with First Offense OUI 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.

Category: OUI ACCIDENTS

Client charged with First Offense OUI after crashing into median 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.

Category: OUI ACCIDENTS

Client gets 6 month license loss for refusing breath test 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.

Category: BREATH TEST

Client gets 3 year license loss for refusing breath test Client lost license for three years for refusing a breath test. The motion was allowed vacating an 18 month license loss. Client was back on the road with full driving privileges.

Category: BREATH TEST
October 2014

Client loses license for 3 years for refusing breathalyzer. 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 arguments to the Court.

Category: BREATH TEST

Client alleged to have driven on wrong side of the road 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.

Category: BREATH TEST

Client charged after speeding and failing to yield 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.

Category: OUI ACCIDENTS

Client charged with First Offense OUI after driving “unsafely” 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.

Category: BREATH TEST
September 2014

First Offense OUI Client allegedly “uncooperative” at station 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.

Category: OUI ACCIDENTS

Client charged with OUI after marked lanes violation. 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.

Category: OUI ACCIDENTS
August 2014

Client charged with Second Offense OUI after car accident. 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.

Category: OUI ACCIDENTS
June 2014

Client pulled over after speeding and driving with headlight out 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.

Category: OUI ACCIDENTS

Client charged with OUI after marked lanes violation. 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.

Category: OUI ACCIDENTS

Client charged with OUI after failed sobriety tests and breath test. 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.

Category: BREATH TEST
April 2014

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.

Category: OUI ACCIDENTS

Client gets 6 month license suspension for refusing breath test 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.

Category: BREATH TEST

Client charged with Second Offense OUI 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 inpatient program as required if convicted of a Second Offense OUI.

Category: BREATH TEST
March 2014

Client charged with OUI after accident Client was charged with a First Offense OUI after being involved in a 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.

Category: OUI ACCIDENTS
February 2014

Client arrested for OUI after concert.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.

Category: OUI ACCIDENTS

Client admits to drinking 4 beers and failed sobriety tests. 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.

Category: BREATH TEST

Client faces 3 year license loss after refusing breath test 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.

Category: BREATH TEST

Client fails field sobriety tests and breath test. 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 case was completely dismissed.

Category: BREATH TEST
January 2014

Client charged with OUI after failed 4 sobriety tests. 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.

Category: OUI ACCIDENTS

Client charged with OUI drugs and negligent operation. OUI Drugs charge DISMISSED after negotiation with district attorney; client accepted plea to charge of negligent operation charge.

Category: OUI ACCIDENTS
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Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! He was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards Michael for his amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael over and over again. Claire