DUI Case Results

Cambridge District Court: 1st offense OUI .18 breath test not guilty after trial. In this case our, client was arrested by the Cambridge Police Department and charged with OUI. He took a breath test which resulted in a reading of .18. At trial, Attorney DelSignore was able to have the results excluded from trial based on the police officer not following the proper procedure in administering the tests. Attorney DelSignore is very successful challenging breath test results and always warns clients not to assume these results will be admissible at trial.

The Commonwealth presented testimony of two officer claims that they formed the opinion that my client was impaired based on the driving and performance on the field sobriety tests. Attorney DelSignore was able to show that the instructions on the field sobriety tests were confusing and that the mistake his client made could have been attributed to the confusion instructions from the officers. Additionally, Attorney DelSignore pointed out the lack of observations showing impairment during the booking process. After trial, our client was found not guilty of OUI.

Brighton District Court: 1st Offense OUI .09 Breath Test not guilty after trial for PHD Student not guilty after trial. In this case, my client was a very successful student and was charged with OUI and submitted to a breath test with a result of .09. The officer alleged that the client failed field sobriety tests, was slurring his speech and showed signs of impairment such as red and glassy eyes. At trial, Attorney DelSignore was able to convince the Judge to exclude the breath test evidence in the case; based on the observations, Attorney DelSignore argued that the field tests did not show substantial indicators to overcome the presumption of innocence and the client was found not guilty.

Wareham District Court: .09 breath test not guilty after trial Wareham District Court. In this case, Attorney DelSignore had another .09 trial in the same week. This case was in Wareham District Court. Attorney DelSignore client failed a breath test with a reading of .09. This is a very defensible OUI case as there is a margin of error with the breath test machine. At trial, Attorney DelSignore was able to have the results excluded entirely from evidence. The police officer from Lakeville who Attorney DelSignore had cross examined in three prior cases testified about bloodshot glassy eyes and slurred speech. This officer performed the field test incorrectly and Attorney Delsignore was aware that the officer would admit that he deviates from the procedure in favor of his own methods. At trial, Attorney DelSignore used these deviation from procedure on the field sobriety tests to create a reasonable doubt and the client was found not guilty after trial.

Taunton District Court 1st offense OUI not guilty arrest by the State Police. In this case, our client was arrested by the State police and charged with OUI. He was alleged to have failed field sobriety tests and had an odor of alcohol and bloodshot glassy eyes as well as slurred speech. In this case, Attorney DelSignore client was found asleep at the wheel. Attorney DelSignore has been highly successful over the years in cases where his client is found asleep in the car. There are often strong arguments for reasonable doubt in these cases. In this case, Attorney DelSignore argued his client was tired from a long day of work and volunteer work. Additionally, he was able to show that the nine step walk and turn and one leg stand did not raise signs of impairment; contradicting the officer’s opinion that his client was impaired by alcohol.

Attleboro District Court: not guilty after two car accident after arrest by North Attleboro Police Department. In this case, Attorney DelSignore’s client was involved in a two car accident. The client admitted to consuming three beers; however, there was a language barrier making it difficult to judge the field sobriety exercise. Attorney DelSignore argued that the clients was able to copy the physical instructions and only had trouble with the verbal as a result of his limited English. Additionally, Attorney DelSignore pointed out that the arresting officer did not testify that the client was impaired; this was surprising that this evidence was not stated in court and Attorney DelSignore used this omission to argue that there was reasonable doubt. After trial, the client was found not guilty of OUI.

Dedham District Court: Not guilty after one car accident arrest by the Norwood Police Department .14 breath test. In this case, Attorney DelSignore’s client caused a one car accident. Attorney DelSignore motion to exclude the breath test was allowed so the Commonwealth could not present the .14 breath test at trial.

At trial, the officer testified that the defendant failed field sobriety tests and showed signs of impairment. A key part of this case was the video that showed the client talking to another officer in great detail; this fact was not included in the report but Attorney DelSignore’s was able to use this clip to show his client speaking clearly and normally to the officer. After trial, the client was found not guilty of OUI.

Taunton District Court 2nd offense: Not guilty after Trial Arrest by the Massachusetts State Police. In this case, Attorney DelSignore client was alleged to have been speeding and the officer claimed his speech was slurred, that the client has emitted a strong odor of alcohol and bloodshot glassy eyes. This case a case that they key aspect of the case was the motion to suppress which was denied. At this motion hearing, Attorney DelSignore learned that the officer was going to be very confrontational at trial. This knowledge was very important and allowed for a very controlled and effective cross examination that did not allow the arresting officer to add details to support a conviction. Motion to suppress are like mini-trials on the legal issues in the case. There are many reason to file a motion; the hope is always to have the motion allowed but it can be used strategically to prepare for trial. At trial, Attorney DelSignore discredited the officer and was able to show that his opinion was exaggerated and overstated. The client was found not guilty and was allowed to reinstate his license prior to the three year refusal suspension expiring. This was a great result for the client being cleared of both the OUI and negligent operation charge with a not guilty verdict.

1st offense OUI in Westboro District Court case dismissed. In this case, Attorney DelSignore was able to persuade the Court to dismiss the OUI charge.

Newton District Court: 2nd offense OUI not guilty after Trial arrest by the Newton Police Department. In this case, Attorney DelSignore client was charged with a second offense OUI by the Newton Police Department. It was alleged that there was an odor of alcohol, signs of impairment, including that the defendant was unsteady on his feet and had red and glassy eyes. In this case, it was alleged that our client was intoxicated and sleeping in the car while it was running. This is a common type of case that Attorney DelSignore has been highly successful defending over the years.

In this case, our client was charged with a second offense OUI after allegedly being unsteady on his feet, slurring his speech and smelling like alcohol. At trial, the Newton Police officers testified that the defendant was slow to respond, could not follow instructions and slurred his speech. Attorney DelSignore on cross examination questioned the officers about the Subjective nature of the evidence and the fact that there were no driving signs showing impairment. Attorney DelSignore argued that there was substantial reasonable doubt in the case and the client was found not guilty of a second offense OUI.

Lowell District Court: 1st Offense OUI not guilty after trial after an arrest by the Tewksbury Police Department. In this case, out client was arrested by the Tewksbury Police Department and charged with a 1st Offense OUI. The Commonwealth alleged that the client was impaired based on her admission to consuming alcohol and the observations about her speech and an odor of alcohol. At trial, Attorney DelSignore challenged the evidence presented by the Commonwealth and highlighted weaknesses in the case. Attorney DelSignore argued that the evidence presented while perhaps enough for an arrest was not to the highest degree of certainty to support a conviction in a criminal case. After trial, our client was found not guilty of OUI.

New Bedford District Court Clerk Magistrate Hearing – No Criminal Complaint Issued. Our client was facing the possibility of an OUI criminal complaint being issued at a Clerk Magistrate Hearing in New Bedford District Court. Before the hearing, Attorney DelSignore recommended a treatment plan that has been highly effective for clerk magistrate hearings involving OUI charges. Taking proactive action before a hearing can make a significant difference. We were able to show that the client understood the seriousness of the situation and was already working to make positive changes. After hearing the evidence and arguments, the Clerk Magistrate declined to issue a criminal complaint. As a result, the client avoided an OUI charge being filed.

Wrentham District Court: OUI 1st Offense not guilty after an arrest by the Massachusetts State Police. In this case, out client was arrested for OUI by the Massachusetts State police. The client was stopped at a roadblock and was alleged to have failed field sobriety tests. Despite a breath test below the legal limit, the client was still arrested for OUI and required to face a trial. Attorney DelSignore was able to argue that reasonable doubt was firmly established by the lack of poor driving, the breath test below .08 and during cross examination the officer acknowledged the defendant substantially performing one field sobriety tests in response to Attorney DelSignore cross examination. After trial, the defendant was found not guilty of OUI. Our client was found Not Guilty of OUI following a trial in Wrentham District Court. The case involved close examination of the officer's observations and the evidence gathered during the investigation. After considering all of the evidence, the court found that the Commonwealth had not met its burden of proof and returned a Not Guilty verdict. This result allowed our client to avoid a criminal conviction and the penalties associated with an OUI charge.

Wareham District Court - .16 Breath Test Excluded - Not Guilty. Attorney Michael DelSignore secured a not guilty verdict in Wareham District Court in an OUI case involving an alleged .16 breath test result. The defense successfully challenged the admissibility of the breath test evidence, resulting in the exclusion of the breathalyzer result prior to trial. After hearing the remaining evidence, the court found the client not guilty of OUI.

Attleboro District Court - Not Guilty - Medical Condition Mistaken for OUI. Attorney Michael DelSignore obtained a not guilty verdict in Attleboro District Court after presenting evidence that the client was suffering from an underlying medical condition that produced symptoms similar to intoxication. The defense introduced medical records establishing an alternative explanation for the client's appearance and behavior. Following trial, the client was found not guilty.

Hingham District Court - .16 Breath Test Excluded - Not Guilty. Attorney Michael DelSignore achieved a not guilty verdict in Hingham District Court in an OUI case involving an alleged .16 breath test. The defense successfully moved to suppress the breath test evidence before trial. After cross-examination of the arresting officer and presentation of the defense, the court returned a not guilty verdict.

Worcester District Court: .14 Breath test not guilty after trial arrest by the Northborough Police Department. In this case our client was arrested by the Northborough Police Department; the client took a breath test and blew a .14. the defendant was stopped for allegedly speeding. At trial, Attorney DelSignore objected to the admission of the breath test coming into evidence. Attorney DelSignore discredited the officer’s opinion on the field sobriety tests. Further, this was a case where the driving was not a strong sign of impairment as speeding does not necessary mean someone is impaired by alcohol since it is a such a common infraction. This case is one of many clients at DelSignore Law who have avoided OUI convictions despite failed breath test results. After trial, the defendant was found not guilty avowing an OUI conviction.

Worcester District Court: 2nd offense OUI not guilty after trial arrest by the Westboro Police Department. In this case, our client was charged with a second offense OUI. The officer alleged that the defendant was impaired by alcohol and failed field sobriety tests. Our client faced a potential three year license loss with no chance of a hardship. At trial, Attorney DelSignore was able to establish reasonable doubt by arguing that the signs of impairment seen by the officer could have been caused by fatigue. The Commonwealth at trial has to rule out every reasonable doubt. This is a high burden to meet and while there were some signs of impairment, Attorney DelSignore convincingly showed that not every reasonable doubt could be ruled out and the client was found not guilty of OUI 2nd offense. Additionally, a. motion to restore the client’s driving record was allowed removing the three year license suspension and allowing the defendant to get back on the road.

Wareham District Court: not guilty OUI arrest by the Lakeville Police Department. In this case, our client was arrested and charged with OUI after an arrest by the Lakeville Police Department. The client was alleged to have committed a relatively minor traffic offense; but admitted to consuming alcohol and was alleged to have slurred speech and bloodshot and glassy eyes. At trial, Attorney DelSignore was able to establish that the officer did not perform the field sobriety tests correctly and used that to discredit the opinion that the field tests showed impairment. Field sobriety tests are suppose to be performed the same by officers. When the tests were studied by the National Highway Traffic Safety Administration, the manual indicated these tests are only reliable if performed according to the standard instructions. Officers cannot essentially deviate from their training. Since the officer’s investigation was flawed and unreliable, this established reasonable doubt and the client was found not guilty of OUI.

Wareham District Court: no Criminal Complaint issued after Clerk Magistrate Hearing. In this case, our client avoided OUI charges being foiled by proactively engaging in treatment prior to the magistrate. In this case, Attorney DelSignore also argued that the evidence of probable cause was lacking in the case. The magistrate found a lack of probable cause for the OUI and declined to issue the criminal complaint.

Chelsea District Court: 1st offense OUI not guilty after a car accident and arrest by the Chelsea Police Department. In this case, out client was involved in a one car accident and charged with OUI. This case had potential adverse immigration consequences if there was a conviction. Attorney DelSignore was able to estblish reasonable doubt by showing that the signs of impairment from alcohol could have been the result of a head injury from the accident. Since there are two equally plausible explanations for the officers observations, Attorney DelSignore argued this established reasonable doubt. In an OUI trial, it is important to note that the defense does not have to contradict every detail of the Commonwealth’s case. Attorney DelSignore focuses his defenses on the biggest weakness in the case. This was done effectively here resulting in the client being found not guilty of OUI despite being involved in a one car accident.

Brockton District Court: No Criminal Charges for OUI after Clerk hearing. in this case, our client faced a clerk magistrate hearings where the police department was attempting to have OUI charges and negligent operation charges issued against our client. Attorney DelSignore was able to argue that there was no probable cause foe the OUI and that the clerk should only issue the charges on the Negligent operation. The clerk agreed. With Attorney DelSignore legal argument and declined to issue the criminal complain against our client for OUI.

1st Offense OUI Brockton District Court not guilty after trialn arrest by the Bridgewater Police Department. In this case, Attorney DelSignore client was arrested by the Bridgewater Police Department and charged with OUI after allegedly being found asleep in her vehicle. Attorney DelSignore pointed out alternative explanation to being impaired by alcohol such as fatigue from long hours at work. Additionally, Attorney DelSignore pointed out flaws in the way the field sobriety tests were administered and scored by the officer impacting the reliability of the assessments. Field sobriety tests are under ideal conditions only 65-68 percent reliable, when an officer does not perform the exercises correctly the validity of the results is undermined. After trial, the client was found not guilty of OUI.

1st Offense OUI Massachusetts State Police, .14 Breath Test not guilty after trial—Lynn District Court. In this case, my client was arrested by the State Police Andover Barracks and failed a breath test. The client initially thought the case was no winnable because of the breath test results; Attorney DelSignore advised his client to be patient wait for the evidence as breath test evidence can often be excluded at trial; This is exactly when Attorney DelSignore was able to do. He filed a motion to exclude the breath test evidence in the case; at trial, the Commonwealth could only proceed on the observations. Attorney DelSignore cross examination of the arresting officer undermined the reliability of the field sobriety tests and the client was found not guilty. This was a case that the client could have easily accepted a plea if he was told to because of the breath test evidence. Some lawyers do not understand how to exclude breath test evidence and advise clients to admit to OUI case that can be won at trial. This is one of many cases where Attorney DelSignore client was found not guilty despite breath test evidence over .08.

Wareham District Court: 1st Offense OUI resolved prior to trial with condition that client comply with alcohol treatment.