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DUI 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.

April 2022

Wrentham District Court: 1st Offense OUI arrest by the State Police not guilty after Jury Trial In this case, our client was found asleep on the side of the road in the car. These cases though they seem difficult at first are often very good case for trial. While someone can operate a car while actually driving it under the law, juries tend to treat these cases differently. In this case, a key piece of evidence was that the car was pulled over in a safe place and purposefully pulled over. Our client testified that he did not feel impaired by alcohol but was tired from a long week of work. Breath test evidence was kept out of evidence and after trial the client was found not guilty.

Barnstable District Court: 2nd Offense OUI arrest by the Barnstable Police Department not guilty after trial In this case, our client who had an out-of-state license was on vacation with his family and arrested for OUI. The client faced potential license suspensions in his home State and in Massachusetts. Given the longer suspension for breath test refusal on a second offense, Attorney DelSignore appealed the refusal suspension and had it overturned by the Court. at trial, it was stressed that the lack of any bad driving was strong evidence in favor of reasonable doubt. Further, the arresting officer conceded on cross examination that the client did many of the things requested of him on the FSTs and that other factors such as nervousness can explain a less than perfect performance in the field sobriety tests. After trial, the client was found not guilty.

March 2022

New Bedford District Court: 2nd offense OUI arrest by the State police not guilty after trial In this case, our client was arrested by the State police and charged with a second offense OUI. The officer alleged that the client stopped randomly at a green light and was weaving in the lane. When Attorney DelSignore cross examined the officer, he pointed out that the officer made a different statement in the report, about the driving. At trial, it was very critical to the verdict of not guilty this inconsistency on a major issue in the case. While officer will sometimes deviate from their report when testifying, if it is a major issue it can raise a reasonable doubt. Additionally, Attorney DelSignore argued that given that his client was dressed up, the field sobriety tests were more difficult and not worthy of crediting in this case. Under Massachusetts OUI Laws, a judge can put whatever weight the judge deems appropriate on field sobriety tests. In this case, it was argued that the tests deserved very little weight. After trial, the defendant was found not guilty.

Sommerville District Court: 1st Offense OUI with accident not guilty after trial

January 2022

Malden District Court: OUI 2 nd Offense not guilty after trial In this case, our client was charged with a Second Offense OUI after being stopped by the Everett Police department; the client was alleged obstructing traffic and when stopped was slurring his speech, had a strong odor of alcohol and bloodshot and glassy eyes. The officers alleged that the defendant was unsteady on his feet. At trial, Attorney DelSignore that the Commonwealth's case was missing any major signs of impairment. In this case, there was no accident, allegation of erratic driving or calls from the public. Further, during closing argument, Attorney DelSignore pointed out there was not any strong evidence regarding alcohol consumption or any significant odor that came into evidence at the trial. After trial, the defendant was found not guilty of OUI avoiding a two year license loss.

Somerville District Court In this case our client was arrested for OUI following an accident. At trial, the civilian witness testified that the defendant caused the accident, but notable the civilian did not say they thought our client was impaired. The arresting officer testified at trial alleging that our client failed the field sobriety tests; however, during cross examination, he acknowledged that our client's performance was consistent with his training in many respects and that the client did follow numerous instructions on the nine step walk and turn and one leg stand field sobriety tests. During closing argument, Attorney DelSignore argued that the field sobriety tests were did not show impairment and are hard to give much weight to after an accident. Further, the lack of any opinion regarding in impairment from the independent witness should create reasonable doubt. Based on this argument, the defendant was found not guilty and avoided an OUI conviction.

Dedham District Court: OUI 1 st offense not guilty for noncitizen avoiding potential immigration issues In this case, our client was arrested and charged with an OUI by the Norwood police department. In this case, the client was stopped by the officer for suspicion of other criminal activities unrelated to drinking and driving. Once the officer made the stop he then suspected that the client was impaired by alcohol. The client performed poorly on field sobriety tests and the officer formed the opinion that he was impaired. In this case, our client did not speak English as his native language and there was no interpreter at the scene; the police did use an interpreter at the police station to advise him of his rights; at trial, Attorney DelSignore argued that the field tests were not reliable based on the language barrier and the lack of any bad or dangerous driving should provide reasonable doubt. After trial, the defendant was found not guilty of OUI.

Brockton District Court: OUI 2 nd offense not guilty after trial after an arrest by the Bridgewater Police Department In this case, our client was arrested by the Bridgewater police department after allegedly committing a few minor motor vehicle infractions. The officer alleged that the client appeared under the influence of alcohol, by presenting signs of impairment such as odor of alcohol, bloodshot and glassy eyes and slurred speech. At trial, Attorney DelSignore argued that the best sign of someone under the influence of alcohol is the actually driving. This was a case where there was no accident, call from the public but just an officer who was actually on an overtime detail looking to make traffic stops. Under the law, the Commonwealth does not need unsafe or erratic driving to prove an OUI; however, it is always a major weakness in the case where there is no bad driving. Attorney DelSignore vigorously argued this point and his client was found not guilty of a Second Offense OUI.

Taunton District Court: OUI 1 st offense vacated based on improper plea colloquy In this case, Attorney DelSignore was investigating a motion for new trial based on the fact that the client took a breath test. After some work on the case, Attorney DelSignore discovered that a judge he knew that frequently did not perform correct plea colloquies actually conducted the plea; after reviewing the tape, Attorney DelSignore was able to find an error when the client admitted to the first offense and had the charge vacated, allowing the client to get a new trial.

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