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DUI Case Results

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.

February 2017

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

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

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

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

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

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
December 2016

In this case, out of the Ayer District Court, the client took a breath test which was over .08 and was alleged to have driven erratically and failed field sobriety tests. Based on the client's military status, Attorney Gaudreau was able to work out a resolution to the case, where the client avoided an OUI conviction, provided he comply with certain conditions set by the court.

Date: December 28, 2016 Category: BREATH TEST

Client Found Not Guilty after Medical Evidence is Presented to Explain Failed FST In this case the client had a trial in the Worcester District Court. The client was alleged to have crossed the marked lanes, failed three field sobriety tests and was unsteady on his feet. Attorney DelSignore had presented medical evidence to explain the client's performance on the one leg stand and had the client testify to rebut some of the claims of the officer. On cross examination of the officer, it was revealed that the client did not display some common signs of being under the influence. After trial, the client who also had a commercial pilots license, was found not guilty.

Date: December 22, 2016 Category: OUI ACCIDENTS

First offense OUI resulted in Not Guilty after Breath Test Results are Challenged In this case, the client was charged with a first offense OUI by the State police out of the Dartmouth barracks. The client was alleged to have failed field sobriety tests, had slurred speech and was unsteady on his feet. The client took a breath test registered a .08. At trial, Attorney DelSignore pointed out the inaccuracy of the machine and delay between the time of the test and the time of driving. The client was found not guilty avoiding any further license loss.

Date: December 20, 2016 Category: OUI ACCIDENTS

First Offense Westborough OUI Dismissed Client charged with 1st offense OUI and failing to stop for the police out of the Westborough District Court, and stopped by the State police. This case was dismissed on the trial date as the Commonwealth was not ready to go forward.

Date: December 19, 2016 Category: OUI ACCIDENTS

Under 21 Client Found Not Guilty After Officer Testimony Discredited In this case, our client was found not guilty of a first offense OUI after allegedly failing field sobriety tests, having an odor of alcohol and bloodshot and glassy eyes. At the time of the incident the client was under 21. The client was arrested by the East Bridgewater police and the case was heard in the Brockton District Court. The officer suspected that the client was under the influence based on his statement that he had come from Spring Fest. At trial, Attorney DelSignore cross examined the officer and discredited his testimony that he failed the nine step walk and turn and one leg stand field sobriety tests. The video was also used showing that the client did not look under the influence of alcohol or act drunk. After trial, the client was found not guilty of a first offense OUI, avoiding a further license loss of 210 days.

Date: December 15, 2016 Category: OUI ACCIDENTS

Client Found Not Guilty after Cross Examination During Jury Trial Reveals Inconsistencies in Police Report In this case, the client was arrested by the Norfolk police and the case was heard in the Wrentham District Court. The client was stopped based on a 911 call of an erratic operator. At trial, the officer testified that the client was extremely unsteady on his feet and had trouble standing. Attorney DelSignore discredited this testimony on cross examination, pointed out inconsistencies in the police report. The client was found not guilty after Jury trial.

Date: December 14, 2016 Category: OUI ACCIDENTS

Judge Overturned 6 Month Breath Test Refusal License Suspension After Hearing In this case, our client refused a breath test, resulting in a six month license suspension. We appealed the suspension to the district court where the OUI case is pending. After a hearing the judge overturned the suspension allowing the client to get back on the road prior to the Six Month refusal suspension expiring.

Date: December 9, 2016 Category: OUI ACCIDENTS

Second Offense OUI Dismissed after Case Review with Prosecutor In this case, the client was charged with a second offense OUI out of the Framingham District Court. The client was charged with driving under the influence of Drugs. After reviewing the case with the prosecutor, Attorney DelSignore was able to negotiate a dismissal of the OUI charge in exchange for the client accepting a plea on the negligent operation offense.

Date: December 6, 2016 Category: OUI ACCIDENTS
November 2016

.14 Breath Test Excluded from Evidence and Client Found Not Guilty The client took a breath test that registered .14. After a motion was filed by Attorney DelSignore, the breath test was excluded from evidence. The case proceeded to trial. At trial, the Bridgewater police officers testified that the client failed 3 out of 4 field sobriety tests, and slurred her speech as well as smelled of alcohol. During cross examination, Attorney DelSignore point out what the client did correctly, her appropriate demeanor and alertness during booking. The defendant was found not guilty in a case out of the Brockton District Court.

Date: November 22, 2016 Category: BREATH TEST

1 Year CDL Suspension Avoided after Client Found Not Guilty In this case, the client a CDL driver was charged with a first offense OUI. The client refused a breath test. This suspension was appealed to the district court and overturned by the court, allowing the defendant to have his license reinstated within 60 days rather than having a 180 day suspension. At the trial, the client was involved in an accident. The State trooper testified that the defendant failed the one leg stand and nine step walk and turn. The officer also testified that the defendant had bloodshot and glassy eyes. As part of the defense, video was introduced from the State police barracks showing that the client did not appear under the influence of alcohol. After trial in the New Bedford District Court, the client was found not guilty, avoiding a one year suspension of his CDL.

Date: November 21, 2016 Category: BREATH TEST

Westborough District Court First Offense OUI Client Found Not Guilty after Trial In this case, out of the Westborough District Court, the client was charged with a first offense OUI. The client took a breath test registering under the legal limit, but the case still had to proceed to trial. The client failed the one leg stand after three attempts, was swaying on the nine step and had difficulty getting out of the car. The officer testified that the client was speeding 30 mph over the speed limit, and committing numerous marked lane violations. The client took a breath test which registered a .07. After trial in the Worcester District Court, the client was found not guilty. The Commonwealth will not dismiss case even if the breath test is under the legal limit, requiring these cases to go to trial. This case was handled by Attorney Gaudreau.

Date: November 15, 2016 Category: BREATH TEST
September 2016

Client Found Not Guilty after First Offense Accident OUI with .08 Breath Test Client charged with 1st offense OUI out of the Framingham District Court after being involved in a one car accident. The client was alleged to have glassy eyes, admitted to having several glasses of wine and was unsteady. The client took a breath test which registered .08. After a motion hearing, the breath test was excluded from evidence as a result of failing to comply with the proper procedure in administering a breath test. After trial, based on the observations of the officer, the defendant was found not guilty.

Date: September 26, 2016 Category: BREATH TEST
August 2016

Open Container First Offense OUI Client found Not Guilty out of Brockton District Court Client charged with 1st Offense OUI, along with possession of an open container of alcohol out of the Brockton District Court. The client was arrested by the Whitman police department and was alleged to have slurred speech, bloodshot glassy eyes, and being unsteady on his feet. After trial, the client was found not guilty.

Date: August 17, 2016 Category: OUI ACCIDENTS

Client arrested for First Offense OUI after Several 911 Calls. Case Dismissed on Trial Date. In this case, the client was charged with a 1st offense OUI and the case was heard in the Worcester District Court. The client was alleged to have driven erratically and was pulled over after several 911 calls. The client was alleged to have failed field sobriety tests and was placed under arrest. At the police station, the client blew just over the legal limit of .08, but was still charged. The case was dismissed on the trial date as the Commonwealth was not ready for trial for the second time the case was scheduled for trial.

Date: August 16, 2016 Category: BREATH TEST

Client Found Not guilty After Being Involved in Accident, Failed 3 Field Sobriety Tests and admitted to consuming 3 beers. Client charged with a 1st offense OUI by the Walpole Police Department and the case was heard in the Wrentham District Court. The client was involved in an accident, failed three field sobriety tests and admitted to consuming 3 beers. The client was alleged to have slurred speech, bloodshot eyes and smelled of alcohol. After trial, the defendant was found not guilty of OUI, avoiding any further license loss.

Date: August 8, 2016 Category: OUI ACCIDENTS
June 2016

6 month Breath Test Refusal Suspension Appealed to the Boston Municipal Court after being Denied at the RMV In this matter we appealed the 6 month breath test refusal suspension to the Boston Municipal Court after being denied at the RMV. After a hearing in the district court, the judge overturned the client's license suspension on the breath test refusal prior to the expiration of the six months. While breath test refusal appeals are difficult to win, this case is one of many where our clients have had this suspension overturned at the district court where the OUI case is pending.

Date: June 30, 2016 Category: BREATH TEST
May 2016

First Offense OUI Client Found Not Guilty After Failed FSTs, .14 Breath Test and Speeding .14 breath test result Client found not guilty. In this case, the defendant was arrested by the Shrewsbury Police Department and charged with a first offense OUI after being stopped for speeding. The client submitted to a breath test with a result of .14. It was alleged that the client failed several field sobriety tests and had slurred speech, odor of alcohol along with being unsteady getting out of the car. After a motion was filed in the Westborough District Court, the breath test was excluded from evidence based on the officer's noncompliance with regulations governing breath testing. The case proceeded to trial in the Worcester District Court, where the defendant was found not guilty of OUI.

Date: May 24, 2016 Category: BREATH TEST

UMass Amherst Student with .20 Breath Test and Failed FSTs found Not Guilty after Breath Test Excluded from Evidence. In this case, the client who was a student at UMass Amheerest was arrested by the Amherst police. He was stopped for speeding and going over a marked lane. The officer claimed that he failed three field sobriety exercises, had slurred speech and fell into his own car on several occasions. The client took a breath test which registered .20. After a motion hearing, the clients breath test result of .20 was excluded from evidence. The case proceeded to jury trial where it was shown that the officer did not perform the nine step walk and turn correctly and that the client did not have the proper room to perform field exercises. A jury in the Eastern Hampshire District Court found the defendant not guilty.

Date: May 11, 2016 Category: BREATH TEST

Cross Examination of Officer and Booking Video Evidence Find Client Not Guilty of First Offense OUI In this case, the client was charged with a first offense OUI, negligent operation and failing to stop for the police. The case was brought by the Kingston police department and was heard in the Plymouth District Court. At trial, a civilian witness testified that he defendant was driving erratically. The officer also testified as to some erratic driving. On cross examination, the officer was attacked for his rush to judgment in concluding that the defendant was under the influence. A booking video was also played showing that the defendant did not appear drunk. The client was found not guilty of OUI, but guilty of negligent operation.

Date: May 10, 2016 Category: OUI ACCIDENTS

OUI Drugs License Suspension Successfully Appealed and Reinstated Client had license suspended for immediate threat based on an OUI drugs charged. The client appealed the suspension to the Board of Appeals. Attorney Julie Gaudreau successful convinced the Board to reinstate the client's license.

Date: May 6, 2016 Category: OUI ACCIDENTS

First Offense OUI Involving Accident, Admission and Failed Field Sobriety Tests Dismissed Client charged with First OUI after a car accident and admitted to three drinks, failed field sobriety tests. The case was originally heard in the Stoughton District Court, but transferred to Dedham for Jury trial. The case was dismissed as the Commonwealth was not read for trial.

Date: May 5, 2016 Category: OUI ACCIDENTS
April 2016

Failed Breath Test Excluded from Evidence and Client Found Not Guilt Client charged with a First Offense OUI by the Bolton, Massachusetts police and the case was heard in the Clinton District Court. The client was alleged to have crossed the double yellow line, had slurred speech and failed field sobriety tests that were administered. The client admitted to a breath test and the result was .08. After a motion the breath test was excluded from evidence. The case processed to jury trial in the Fitchburg District Court where the defendant was found not guilty by a Jury on the OUI count and negligent operation count, avoiding any criminal conviction from the arrest.

Date: April 14, 2016 Category: BREATH TEST
March 2016

6 month Breath Test Refusal License Suspension Successfully Appealed and License Reinstated Immediately In this matter, the client had his license suspended for six months for refusing a breath test. After being denied reinstatement at the RMV, the client appealed to the district court where the OUI case was pending. After a hearing the client had his license reinstated immediately, avoiding the full six month suspension.

Date: March 31, 2016 Category: BREATH TEST

Car Accident License Suspension Successfully Appealed and License Reinstated Client had her license suspended by the RMV for an indefinite threat after a one car accident. This is a very common suspension when there is an accident and the client is taken to the hospital. After an appeal to the Board of Appeals, the client had her license reinstated.

Date: March 29, 2016 Category: OUI ACCIDENTS

Client Found Not Guilty of OUI After 2 Day Jury Trial Client charged with OUI out of the Wrentham District Court and by the Foxboro police department. The client had gone to Patriots place and was arrested for OUI in the parking lot. The police found alcohol in the car, claimed that the client was uncooperative, had slurred speech and bloodshot glassy eyes, as well as being unsteady on his feet. After a two day Jury Trial, the client was found not guilty.

Date: March 23, 2016 Category: OUI ACCIDENTS

Under 21 OUI Dismissed After Plea Negotiation This client was under 21 and a college student at the time of the arrest. She took a breath test with a result of .10. The client was stopped for traveling over the marked lanes. Attorney DelSignore discussed this case with the prosecutor and pointed out issue with the breath testing and her good balance during the booking to rebut the officer's claim she was unsteady on her feet. On the trial date, Attorney DelSignore was able to convince the district attorney to dismiss the OUI in exchange for a plea on the negligent operation charge. This does not happen frequently and was based on some problems detected with the Commonwealth's case that were learned though the long process of bring this case to trial.

Date: March 9, 2016 Category: BREATH TEST

Attleboro OUI Client Found Not guilty of OUI and Negligent Operation Client charged with 1st offense OUI and negligent operation by the Attleboro police department. The client was alleged to have been speeding; the officer testified to smelling a strong odor of alcohol and that the client failed the one leg stand and walk and turn test, as well as that the client was unsteady on his feet during the encounter. Attorney DelSignore cross examined the officer on his observations and the number of things that contracted the officer's opinion. After trial in the Attleboro District Court, the defendant was found not guilty of OUI and negligent operation.

Date: March 3, 2016 Category:OUI ACCIDENTS
February 2016

Cross examination of Officer's Use of FST Training Manual finds Client Not Guilty Client was arrested for a First Offense OUI. The case was heard in the New Bedford District Court. The officer claimed that the client was speeding and had a defective number plate. At trial, the officer testified that the defendant failed the nine step walk and turn as well as the one leg stand. During cross examination on the nine step walk and turn, the officer was impeached with his training manual which indicated that he did not score the test correctly. After Trial, the defendant was found not guilty.

Date: February 17, 2016 Category: OUI ACCIDENTS
January 2016

Cross Examination of Officer Reveals Gaps in First Offense OUI Investigation and Client Found Not Guilty Client charged with a 1st Offense OUI out of the Framingham District Court. The client was alleged to have parked in the middle of the road, had slurred speech, a strong odor of alcohol and bloodshot eyes. The officer testified at trial that the client was unsteady on his feet. Attorney DelSignore crossed examined the officer and pointed out the gaps in the investigation. The Client was found not guilty after Trial.

Date: January 25, 2016 Category: OUI ACCIDENTS
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