DUI Case Results

Westboro District Court: 1st offense OUI breath test .14 not guilty after trial. In this case, our client took a breath test however, Attorney DelSignore was able to have the results excluded from evidence during a motion hearing; at trial, he argued that the Northboro Police did not have enough evidence to prove beyond a reasonable doubt that his client was impaired; while he acknowledged the officer has enough to make an arrest, based on all the evidence, it did not get to the high level of proof need for a conviction based on errors Attorney DelSignore found with the field sobriety tests. After trial, the defendant was found not guilty.

Salem District Court: OUI 1st offense not guilty after trial for noncitizen; conviction would have had serious immigration consequences. At trial, Attorney DelSignore argued that there was no evidence as to when the defendant allegedly consumed alcohol so that there was insufficient evidence that he was impaired at the time of operation. The defendant was found not guilty avoiding potent deportation.

Concord District Court: Motion to Suppress allowed OUI dismissed at a Roadblock in Concord, Massachusetts. In this case, Attorney DelSignore filed a motion to suppress claiming that his clinet was unlawfully seized and detained at a State police roadblock; the case was scheduled for what is called a motion to suppress hearing. At the hearing, Attorney DelSignore convinced the Judge that his client's right to be free of unreasonable seizure was violated as the State police did not prove they complied with proper procedure in administering the roadblock. The judge agreed with this legal argument under the Massachusetts Constitution referred to as the Declaration of Rights and as a result the case was dismissed.

Quincy District Court: 1st offense OUI arrested dismissed after Attorney DelSignore argues that the State Trooper had no basis for Stopping the defendant. Under the 4th Amendment to the United States Constitution and Article 14 of the Massachusetts Constitution a police officer needs reasonable suspicion to seize someone for operating under the influence of OUI. Additionally, the officers needs reasonable suspicion that the individual is impaired to issue an exit order for someone to get out of the car to perform field sobriety tests. In this case, the District Court Judge agreed with Attorney DelSignore that the stop and exit order was unlawful and the motion to suppress was allowed resulting in the dismissal of the OUI charge.

Concord District Court: .10 breath test not guilty after an arrest for OUI by the Lexington Police Department. In this case, our client who was a student and very hard working was arrested for OUI by the Lexington, Massachusetts police department. He was alleged to have driven erratically by speeding twice the speed limit. At trial, the officer claimed that the defendant failed field sobriety tests and had bloodshot glassy eyes. A second officer claimed that our client had slurred speech. At trial, Attorney DelSignore was able to create a conflict in their testimony which was one of his grounds for arguing that the evidence raised a reasonable doubt. Additionally, he used video evidence to contradict the officer's testimony that there was slurred speech. Further, Attorney DelSignore used the video to show that his client was steady on his feet and polite and cooperative. After trial, the client was found not guilty of OUI.

Middlesex County District Court: No Criminal Complaint issued after Clerk Magistrate hearing for 1st Offense OUI. In this case, which was heard in Middlesex County, Massachusetts, our client had a clerk magistrate hearing for OUI. At the hearing Attorney DelSignore was able to convince the Clerk and the arresting police department not to issue the criminal complaint as it was a weak case as to probable cause and because our client was doing well complying with treatment. Attorney DelSignore was able to work out a resolution without criminal charges being issued for OUI.

Clinton District Court: 1st Offense OUI not guilty after an arrest for OUI by State Police Holden Barracks. In this case, out client was charged with OUI by the State police after allegedly committing mark lane violation. At trial, the officer testified that the defendant was speeding and driving erratically. During cross examination, Attorney DelSignore impeached the officer with a video contradicting his testimony in court and pointed out that his client, a college educated professional, did many things correct on the field sobriety tests. After trial, the client was found not guilty and allowed to reinstate her license prior to the expiration of the six month breath test refusal suspension.

Peabody District Court: 1st Offense OUI not guilty after an arrest by State police with a breath test of .09. In this case, our client who has a great career as an Accountant was found not guilty after an arrest for OUI by the State police. He agreed to take a breath test with a result of .09. In this case, Attorney DelSignore was able to get the breath test evidence excluded at a motion to suppress hearing. The Court allowed the motion to exclude the breath test which meant that the Commonwealth was not allowed to mention the results before the jury. At trial, Attorney DelSignore pointed out to the jury everything that the defendant did correctly and played a portion of the video showing the client's performance on the field sobriety tests which he argued did not show major impairment. After trial, the defendant was found not guilty of OUI.

Worcester District Court: OUI arrest by the Auburn Police Department not guilty after trial. In this case, our client was arrested for OUI by the Auburn police department and charged with OUI based on allegedly speeding and cutting another car off while driving. The client agreed to take a breath test and got a result below the legal limit. Cases of .06 and .07 are not dismissed by prosecutors but in most cases are strong cases for trial. This was a case where I was able to show that despite some evidence of impairment in forms of alcohol in the car, that objectively based on my client’s performance on the field sobriety tests and breath test under .08 that there was reasonable doubt and my client was found not guilty after trial.

Wrentham District Court: 1st offense OUI not guilty after trial after an arrest by the Massachusetts State Police. In this case, my client was arrested for OUI by the Massachusetts State police. He was stopped for speeding. The officer claimed there was a strong odor of alcohol and my client had bloodshot and glassy eyes. At trial, we presented medical records showing that the defendant had an issue with his eyes and presented medical records showing that he had been seen by a doctor recently regarding issues with his eyes.

Additionally, Attorney DelSignore challenged the officer's opinion that the field sobriety Tests showed impairment. At trial, reasonable doubt was created by listing all of the factors inconsistent with impairment that were present in the case. This strategy worked as it has in the past for Attorney DelSignore and the client who had a very high paying job was found not guilty and allowed to preserve his employment.

2nd Offense OUI not guilty out of Stoughton District Court after an Arrest by the Massachusetts State police. In this case, our client was arrested for OUI and charged with a second offense by the Massachusetts State Police. In this case, our client was alleged to have failed the field sobriety tests and had slurred speech. The officer claimed that our client was under the influence of alcohol based on his observations. At trial, Attorney DelSignore argued that the observations of impairment likely could have been confused with our client being tired. Attorney DelSignore undermined the reliability of the field sobriety tests on cross examination. After trial, the defendant was found not guilty of OUI.

1st Offense OUI not guilty Brockton District Court after an arrest from the West Bridgewater Police Department. In this case, our client was arrested by the West Bridgewater Police Department after being pulled over with a report of a disabled vehicle. At trial, the officer claimed that the defendant had slurred speech, bloodshot glassy eyes and failed the field sobriety tests. Attorney DelSignore pointed out that the officer’s demonstration was different from his instructions and that the video appeared to show that the defendant complied with what the officer demonstrated. After trial, the defendant was found not guilty after trial.

1st Offense OUI, under 21, breath test over .14, not guilty in Wrentham District Court after trial. In this case, our client was charged with a 1st offense OUI by the Franklin Police Department. She was under 21 at the time of the offense and completed the 24D program to cut down the license suspension. This case took much longer than most OUI cases because there was a breath test in the case. Attorney DelSignore made several motions to exclude the breath test but they were denied; on the trial date, he was able to get the breath test excluded from evidence. At trial, the officer was impeached with his police report and testimony that was different from the report; further, his observations were inconsistent with impairment in some respects. After trial, the defendant was found not guilty of OUI.