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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.

September 2017

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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