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OUI Case Results

See our recent not guilty verdicts throughout Massachusetts

Below is a list of my 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. However, I am able to talk to you about the defenses regarding your case and possible case outcomes. The List of Successful Case Results includes Cases throughout Massachusetts. Attorney DelSignore is well known throughout the State for vigorously defending OUI cases.

October 2017

Crossing marked lanes not guilty after jury trial in Marlborough District Court The client was charged with OUI 1st offense by the Hudson police and the case was heard in the Marlborough District Court. Based on motions filed prior to trial, the breath test of .12 was excluded from evidence. At trial, the officer testified that the defendant crossed the marked lanes and was on the wrong side of the road. The defendant was alleged to have failed field sobriety tests. At trial, Attorney Julie Gaudreau contested the officer's opinion that the defendant was impaired and created a conflict in the testimony between the two officers presented. A jury found the client not guilty of OUI.

Date: October 5, 2017 Category: OUI ACCIDENTS

OUI Roadlock not guilty out of the Westborough District Court In this case, the defendant was stopped at an OUI roadblock in Worcester Country and the case was brought to the Westborough District Court. The defendant was alleged to have failed field sobriety tests and consumed 6 to 7 beers. The breath test was excluded from evidence with a result of .17 based on the consolidated breath test litigation which our client was a part of. Despite the admission to drinking, the evidence was that it was much earlier in the day. Attorney DelSignore obtained a copy of the booking video from the State police and demonstrated that the defendant did very well on the fields sobriety tests. Based on the defendant's performance on the field tests, it was pointed out that it was inconsistent with the officer's opinion of impairment. After trial, the defendant was found not guilty.

Date: October 4, 2017 Category: OUI ACCIDENTS

.10 Breath test not guilty out of the Worcester District Court In this case, our client was stopped for speeding, allegedly failed 3 field sobriety tests, slurred his speech and had bloodshot and glassy eyes. After numerous motions were filed regarding the breath test, it was not used at trial by the Commonwealth. At trial, the officer testified to his opinion that the defendant was drunk. The officer was adamant that based on the field sobriety tests it was his opinion that the defendant was impaired by alcohol. On cross examination, Attorney DelSignore showed the officer that the client did many things inconsistent with someone under the influence based on his training. The defendant was found not guilty after trial.

Date: October 3, 2017 Category: BREATH TEST
September 2017

1st Offense OUI not guilty after one car accident In this case, my client was charged with OUI by the State Police and the case was heard in the Fall River District Court. The client had been involved in an accident and was alleged to have slurred speech, been unsteady on his feet and possessed open containers of beer. At trial, Attorney DelSignore elicted questions about the injuries sustained to the defendant during the accident and his complaints of an injury. Despite that, the defendant was still requested to perform field sobriety tests. During trial it was argued that the defendant's performance on the one leg stand was inconsistent with someone under the influence. The defendant had trouble with the nine step but had informed the officer about an injury to his leg. Given the possibility that the defendant could have been startled from the accident and unsteady because of the accident, the defendant was found not guilty after trial.

Date: September 27, 2017 Category: OUI ACCIDENTS

OUI with an accident not guilty after trial in the Framingham District Court In this case, the client was involved in an accident on a very dark road; the location of the accident changed following the accident with the town adding stops signs in the area. After the accident, the defendant was evaluated by medical personnel. In this case, during trial it was clear that the officer's memory of the incident was lacking. The officer claimed to not recall much of the short interaction with the defendant. Based on this, Attorney DelSignore asked numerous question in order to elicit the I do not recall response. This called into question the officer's opinion that the defendant had slurred speech and was under the influence of alcohol. Further, in this case the officer never inspected the car to determine if the air bad went off. As a result of the gap in the evidence, the defendant was found not guilty.

Date: September 26, 2017 Category: OUI ACCIDENTS

.08 First Offense OUI out of the Lawrence District Court, not guilty after Jury Trial In this case, the client was charged with a first offense out of the Lawrence District Court and was arrested by the State police in the Andover Barracks. The client was stopped for speeding and allegedly failed the field sobriety tests, had a strong odor of alcohol and bloodshot and glassy eyes. The client submitted to a breath test which register just over the legal limit of .08. After much litigation around the breath test, the results were excluded from evidence after numerous motions were filed by Attorney DelSignore. The case was tried before a jury in the Lawrence District Court; after trial, the client was found not guilty.

Date: September 25, 2017 Category: OUI ACCIDENTS

OUI Hospital Blood test with accident not guilty after trial in the New Bedford District Court In this case, our client was charged with a first offense OUI after a one car accident. The defendant was arrested by the Dartmouth police department. The Commonwealth was unable to admit the blood test records at trial and was denied a request to continue to provide the necessary witnesses to establish the reliability of the evidence. At trial, the officer testified that the defendant had an odor of alcohol, slurred speech and bloodshot and glassy eyes. On cross examination, it was stressed that the defendant was alert at the hospital, did not try to avoid the officers, had good balance and that the signs of intoxication are similar to those of someone in an accident. After trial the defendant was found not guilty of OUI.

Date: September 22, 2017 Category: OUI ACCIDENTS

OUI dismissed out of the Lowell District Court In this case, the court dismissed the matter as the Commonwealth was not ready for trial. The Commonwealth requested a new date; we objected to the request and the judge dismissed the matter.

Date: September 21, 2017 Category: OUI ACCIDENTS

1st Offense OUI dismissed out of Dudley District Court In this case, our client was charged with OUI and the case was originally heard I the Dudley District Court. After many months of motions to get the breath test excluded from evidence, the results were finally excluded. The client was joined to all breath test litigation and was patient awaiting as motions were filed regarding breath test evidence. On the trial date, the Commonwealth was not ready and the case was dismissed.

Date: September 20, 2017 Category: OUI ACCIDENTS

1st offense OUi not Guilty out of the Westborough District Court In this case, my client was not a citizen and feared the immigration impact of a conviction. He worked at a restaurant and had been stopped for speeding and marked lane violations coming home from work. The officer claimed that the defendant failed field sobriety tests, that the client had slurred speech and bloodshot and glassy eyes. At the start of the case, Attorney DelSignore requested the booking video. The video was not preserved pursuant to the court order and was allegedly taped over as a result of lack of storage. At trial, this lost video was critical in the defendant being found not guilty. The client avoided any criminal charge which could have jeopardized his citizenship as well as resulting in a further license suspension.

Date: September 19, 2017 Category: OUI ACCIDENTS

Under 21 College student found not guilty of 1st offense OUI out of the Ayer District Court In this case, my client was under 21 and charged with a 1st offense OUI out of the Ayer District Court. The client was arrested by the Boxborough police department and alleged to have failed field sobriety tests, had bloodshot and glassy eyes and was unsteady on his feet. Open containers of alcohol were found in the car. At trial, Attorney DelSignore cross examined the officer regarding the factors that were inconsistent with impairment. After trial, the defendant was found not guilty, avoiding a 210 license loss as a result of being under 21.

Date: September 18, 2017 Category: OUI ACCIDENTS

3 year suspension for refusing the breath test overturned by district court In this case, our client appealed the 3 year license suspension for refusing a breath test. The request to reinstate was initially denied at the RMV; we appealed to the district court where the judge agreed with Attorney DelSignore argument that RMV did not comply with Massachusetts OUI law in suspending the client's license.

Date: September 15, 2017 Category: BREATH TEST

.19 Breath test not guilty out of the New Bedford District Court In this case, our client was stopped at a roadblock conducted by the State police. The client agreed to take a breath test which registered .19. In this case, our client was joined with the consolidated litigation, was patient while Attorney DelSignore filed numerous motions to exclude the results. The breath test was eventually excluded; at trial, the defendant was found not guilty as there was no evidence of erratic driving, the client substantially performed the field tests and was polite and cooperative. The client who was a school teacher avoided any conviction for OUI.

Date: September 14, 2017 Category: BREATH TEST

1st Offense OUI dismissed in Worcester Country In this case the client was charged with a 1st offense OUI by the State police and the car was hard in East Brookfield District Court. After motion were denied, the case was scheduled for trial with Attorney DelSignore still challenging the admissibility of the breath test and the accuracy of the field sobriety tests. The Commonwealth was unable to proceed on the trial date and the case was dismissed.

Date: September 12, 2017 Category: OUI ACCIDENTS

In this case, the client was charged with a 1st offense OUI by the State police The case was heard in the Worcester District Court. The client was alleged to have committed several marked lane violations, failed field sobriety tests, including the one leg stand and nine step walk and turn. The officer also claimed he was unsteady getting out of the car. The client took a breath test that was excluded from evidence which was alleged to have been a .13.

Date: September 8, 2017 Category: OUI ACCIDENTS

Crossing marked lanes Client found not guilty out of the Plymouth District Court Client charged with OUI first offense out of the Plymouth District Court. The client submitted to a breath test with a result of a .14. The breath test was excluded as a result of litigation that has resulted in many of Attorney DelSignore clients having their breath test results excluded from evidence at trial. The case proceeded to trial and the police officer testified that the client crossed the marked lanes, had bloodshot and glassy eyes, was unsteady and failed 2 field sobriety tests. On direct examination, the officer added details that were not in the police report. On cross examination, the officer acknowledged that those details were admitted from the report and if they were not in the report than his prior testimony was wrong. He conceded that the report was the most accurate version of events. With the officer being impeached several times on this testimony, the defendant was found not guilty of a First Offense OUI.

Date: September 6, 2017 Category: OUI ACCIDENTS
August 2017

Wareham District Court OUI 1st offense charge dismissed In this case, the client had his case dismissed as the officer was not available for trial after the Commonwealth's previously requested a continuance.

Date: August 22, 2017 Category: OUI ACCIDENTS

Plymouth District Court not guilty OUI 1st offense with a .18 breath test and client allegedly failing 4 field sobriety tests In this case, the client was charged with a first offense OUI by the Duxbury Police Department. The defendant was alleged to be swerving in and out of lanes and the officer claimed the defendant nearly hit another vehicle at an intersection. After performing field sobriety tests such as the nine-step walk and turn and the one leg stand, the officer alleged the client was extremely unsteady on her feet and was ultimately arrested with and charged with OUI. The officer claimed that the client performed poorly on the field sobriety tests; however, on cross examination of the one leg stand exercise, he acknowledged not recalling how long the client had her foot in the air. The officer was forced to concede that she may have showed good balance on that exercise. The breath test of .18 was excluded from evidence after Attorney DelSignore filed a motion to join the breath test litigation. After trial, the defendant was found not guilty.

Date: August 16, 2017 Category: BREATH TEST

OUI out of Framingham District Court client found not guilty after one car accident and .08 breath test In this matter, the defendant was arrested and charged with a first offense OUI by the Natick Police Department after being involved in a one car accident. The officer claimed that at the scene, the client was unsteady on his feet, there was an odor of alcohol and the client had bloodshot and glassy eyes. The officer contended that the defendant failed two field sobriety tests, a nine step walk and turn and one leg stand. The breath test was excluded after litigation regarding the accuracy of the machine. After trial, the client who is an executive was found not guilty, avoiding a conviction for OUI, which would have hindered his job opportunities by limiting his ability to travel to Canada.

Date: August 14, 2017 Category: BREATH TEST

OUI Roadblock out of the Malden District Court, client found not guilty In this case, the defendant was arrested for OUI after being stopped at a roadblock. The defendant was a medical student who the police alleged had alcohol in the car, slurred his speech, had bloodshot eyes and failed field sobriety tests. Further, the Commonwealth relying on a new case tried to admit the defendant's attempt to take a breath test. At trial, the Court denied the Commonwealth request to admit the refusal into evidence. The officer was cross examined at trial regarding how he did not put in his report how long the defendant had his leg up. The officer acknowledged not remembering the length of time the leg was in the air. He also was crossed examined as to how he did not indicate in the report any heal to toe steps were missed on the back 9 of the nine step walk and turn. After trial in the Malden District Court, the defendant was found not guilty, avoiding any possible harm to his future as a doctor and avoiding a first offense OUI conviction.

Date: August 4, 2017 Category: OUI ACCIDENTS

2nd Offense OUI not guilty Hingham District Court In this case, the client was charged with a second offense OUI by the Hingham police department and the defendant submitted to a breath test with a result of a .26. There were several pretrial motions in this case that made all the difference in the outcome. At a motion hearing, Attorney Julie Gaudreau got the breath test excluded from evidence after convincing the judge that the proper procedures were not followed in administering the test. Additionally, at a motion to suppress statements, the defendant statement that he had 3 drinks was excluding leaving the only evidence of alcohol consumption 2 drinks. At trial, the officer testified that the defendant ran a red light and failed field sobriety tests. The officer tried to testify that the defendant only had his foot up for six seconds, but was confronted with prior testimony where he agreed that the client balanced for 30 seconds. After a jury trial in Hingham District Court, the defendant was found not guilty of a Second Offense OUI, avoiding a two year license loss and at minimum having to attend a 14 day in-patient program.

Date: August 3, 2017 Category: OUI ACCIDENTS

Not guilty OUI Drugs charges out of Attleboro District Court In this case, the client was charged with OUI marijuana out of the Attleboro District Court. He was arrested by the Mansfield police and alleged to have failed field sobriety tests, admitted to smoking marijuana and hospital records showed some marijuana in his system. At trial, Attorney DelSignore argued that the field tests do not correlate to impairment by marijuana, citing a case our office is working on before the Massachusetts Supreme Judicial Court. Further, it was argued that there was no evidence that marijuana caused the alleged erratic driving as opposed to some medical condition. After trial, the defendant was found not guilty of OUI drugs.

Date: August 2, 2017 Category: OUI ACCIDENTS
July 2017

Framingham District Court, .19 Breath test client found not guilty after trial, involving a one car accident. In this case, the defendant was charged with a 1st offense OUI after being arrested by the Framingham Police Department. The client submitted to a breath test with a result of .19. After a motion in limine to exclude the test was denied, we joined the consolidated appeal where Attorney DelSignore had about 20 clients have their breath test results excluded from the litigation. The case proceeded to trial; the defendant crashed her car into a parked car and was alleged to have performed very poorly on field tests. At trial, one of the officers contradicted the arresting officer after cross examination by Attorney DelSignore. Additionally, photos of the scene showed that the car was illegally parked, that the surface of the area was not flat and a booking photo showed that the client did not look drunk. After trial, the client was found not guilty of a first offense OUI. This avoided a further license loss which could have cost the client her job.

Date: July 25, 2017 Category: BREATH TEST

2nd Offense OUI out of Ayer District Court not guilty after Jury Trial In this case, the defendant was arrested for OUI by the Groton police and the case was heard in the Ayer District Court. The defendant was alleged to have crossed the marked lanes, failed field sobriety tests and had alcohol in the car. The defendant was also alleged to have admitted that he drank too much. At trial, the defendant testified rebutting the officer's statement as to what he said to the officer and denied feeling impaired by alcohol. After a jury trial, the defendant was found not guilty of both OUI and negligent operation. The defendant avoided a two year license for OUI and having to at minimum attend a 14 day in-patient program.

Date: July 24, 2017 Category: OUI ACCIDENTS

.10 Breath test Client found not guilty In this matter, the client was arrested with OUI after committing several marked lane violations and allegedly failing field sobriety tests. The client submitted to a breath test with a result of .10. At trial, DelSignore Law was able to show that the breath test results did not reflect the Blood alcohol content at the time of driving. The client was found not guilty under both theories of OUI the per se theory and the impairment theory based on the officer's observations. The client avoided any further license loss associated with an OUI charge.

Date: July 21, 2017 Category: BREATH TEST

OUI 1st Offense Client found not guilty out of the Worcester District Court Client charged with a first offense OUI out of the District Court by the Northborough police department. The client was alleged to have crossed the marked lanes, failed field sobriety tests. The officer claimed that the client was unsteady getting out of the car and had slurred speech. On cross examination, Attorney DelSignore discredited the officer's opinion on the field sobriety tests. Further, a booking video revealed that the client's speech sounded normally and he did not appear under the influence of alcohol. After trial, the defendant was found not guilty of OUI 1st offense.

Date: July 17, 2017 Category: OUI ACCIDENTS

Not Guilty OUI Offense from Concord District Court Client charged with a First Offense OUI out of the Concord District Court. The client was arrested by a State trooper who claimed that the defendant committed two lane violations. At trial, the officer admitted on cross examination to following the defendant by 2 car lengths. Essentially, the officer admitted to riding the defendant's bumper as often State Troopers do on the rode. The officer testified that the defendant did horrible on the field sobriety tests. Attorney DelSignore contrasted the field tests with other areas where the defendant had good balance. After trial, the Jury found the defendant not guilty of OUI.

Date: July 13, 2017 Category: OUI ACCIDENTS

Not Guilty 1st Offense OUI Falmouth District Court In this case, the defendant who had out-of-state plates was stopped by the Falmouth Police for crossing the marked lanes and going through a red light. The defendant was alleged to have slurred speech, bloodshot eyes and a strong odor of alcohol. The officers claimed that the defendant failed two field sobriety tests. At trial, Attorney DelSignore demonstrated that the defendant could not stop for the light, showed that the officers had differing opinions of what observations they had and that the defendant did very well on the field exercises considering all the the things she got right. After trial, the defendant was found not guilty, avoiding further license suspension in Massachusetts and her home state.

Date: July 11, 2017 Category: OUI ACCIDENTS
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