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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.

December 2018

Not Guilty out of the Wrentham District Court After Jury Trial In this case, out client was charged with a first offense OUI by the Franklin police department. The client was alleged to have driven too slow and was a stopped for a faulty inspection sticker. The officer claimed that the client had a strong odor of alcohol, bloodshot and glassy eyes as well as slurred speech. At trial, Attorney DelSignore pointed out that the officer did not score the tests according to his police training. Further, Attorney DelSignore emphasized what was left out of the officer's initial testimony, everything that the client did correct that was contrary to his opinion. After a jury trial, the jury found the client not guilty.

Date: December 5, 2018 Category: OUI ACCIDENTS

Not Guilty OUI 1st Offense Hingham District Court Client was pulled over in Hull after officer observed her driving on the dividing line of travel, without her headlights on. Officer testified client had red bloodshot eyes, slurred speech, smelled of alcohol and could not complete the alphabet test. At trial, Attorney Gaudreau was able to cross examine the office about the nature of the roadway and the client's balance. The evidence showed that the area of the roadway was confusing and that the client never swerved or weaved while driving and that she appropriately drove through two intersections. Attorney Gaudreau was also able to elicit testimony that the client was cooperative and had no difficulty conversing with the officer or maintaining her balance. After a bench trial client was found not guilty.

Date: December 5, 2018 Category: OUI ACCIDENTS
November 2018

Dedham District Court not Guilty OUI Arrest by State Police Client was pulled over after state trooper observed him speeding and swerving on Rte. 95. The trooper testified at trial that the client had difficulty pulling over, that he had extremely red glassy eyes, that he strongly smelled of alcohol and that he failed two field sobriety tests. At trial Attorney DelSignore was able to show that the client had worked all day and was nervous when he was initially pulled over, however back at the barracks he showed good balance, and he had no difficulty following instructions. After bench trial the client was found not gui

Date: November 26, 2018 Category: OUI ACCIDENTS

Three-year Breathalyzer Suspension Overturned- Barnstable District Court Client was arrested for OUI second offense and refused the breath test. As a result of his refusal the RMV suspended his license for three years. Attorney DelSignore petitioned the court and asked that they overturn the suspension. Attorney DelSignore appeared in the Barnstable District court and presented argument regarding the client's inability to provide a sample for medical reasons, the deficiencies in the paperwork filed by the Registry as well as the recent issues with the breath test machine. After hearing the judge overturned the suspension and the client's license was reinstated.

Date: November 20, 2018 Category: OUI ACCIDENTS

East Hampshire District Court, 1st OUI at a roadblock dismissed after arrest by the State police In this case, our client was charged with a first offense OUI after being stopped at a roadblock. After we litigated every issue surrounding the breath test, the judge denied allo of our motions. When new evidence surfaced, Attorney DelSignore reopened the case and had the breath test excluded and was able to obtain a dismissal of the charge. This result was critical for our client who is a teacher and sports coach.

Date: November 20, 2018 Category: OUI ACCIDENTS

Ayer District Court, not guilty of OUI offense after an arrest by the Ayer Police Department In this case, our client was alleged to have operated under the influence after the police found her asleep on the side of the road. The officer alleged that the defendant seemed intoxicated and quickly placed her under arrest. At trial, Attorney DelSignore argued that the Commonwealth could not show that her actions were not explained by a medical cause as no medical professional evaluated the client. After trial, the client was found not guilty of OUI.

Date: November 9, 2018 Category: OUI ACCIDENTS

Not guilty OUI 2nd offense out of the Taunton District Court In this case, our client was arrested by the Easton police department and charged with a second offense OUI. The client was alleged to have been all over the road and caused fell asleep behind the wheel. At trial, a civilian witness testified to the seeing the accident; however, the civilian did not say that he thought the client was under the influence of alcohol. At trial, Attorney DelSignore argued that the Commonwealth could not exclude the possibility of the client being tired. After Trial, the defendant was found not guilty of a 2nd offense OUI.

Date: November 8, 2018 Category: OUI ACCIDENTS

Not guilty OUI 1st offense out of the Brockton District Court after an arrest by Bridgewater Police Department In this case, our client was charged for OUI after being stopped for speeding 15 miles over the speed limit. Whenever a case starts with a stop for speeding, that is a strong start to the case, because lack of erratic driving is something we can effectively use to create reasonable doubt. The defendant was alleged to have a strong odor of alcohol, bloodshot and glassy eyes, and slurred speech. The officer claimed that the defendant performed poorly on the one leg stand and nine step walk and turn. Breath test evidence of .19 was excluded from evidence prior to trial and not considered as part of the evidence. At trial, we used an edited version of the booking from the Bridgewater police department to show that the defendant did not have slurred speech and rebut any claims of being unsteady, as she maintained perfect balance throughout the booking process. Further, Attorney DelSignore attacked the reliability of the field exercises, as an error on the field exercises does not mean that at a person is impaired given the exercises are unfamiliar to the person. It was argued that based on the stress and anxiety of the being confronted by a police officer, it is natural for someone to make some errors on the exercises. After trial, the defendant was found not guilty of OUI.

Date: November 5, 2018 Category: OUI ACCIDENTS

Not guilty 1st Offense OUI out of the Westboro District Court In this case, my was charged with a First Offense OUI by the State police and charged in the Westboro District Court. The case was ultimately transferred to Worcester District Court for trial. At trial, the officer alleged that the client committed three marked lane violations and nearly struck the guardrail. The officer testified that the client failed all of the field sobriety tests and smelled of a strong odor of alcohol and had glassy eyes. At trial, Attorney DelSignore crossed examined the officer who conceded the driving may have been caused by the defendant eating while driving and not being impaired by alcohol. The officer testified that the client showed good balance in the instruction stance, walked a straight line and took the correct number of steps on the nine step walk and turn. Attorney DelSignore argued that everything the client did right was inconsistent with impairment. The client was found not guilty of OUI after trial

Date: November 1, 2018 Category: OUI ACCIDENTS
October 2018

1st Offense OUI not guilty out of the Attleboro District Court In this case, our client was charged with an OUI offense by the Massachusetts State police on Route 95. The client was leaving Boston after attending a concert and was stopped for alleged marked lane violations. The officer testified that the client smelled of a strong odor of alcohol, was unsteady and had slurred speech. This case involved a breath test but the evidence was excluded from trial. At trial, Attorney DelSignore had the officer admit that he was only following him one car length behind. Since the officer was essentially tailgating the client, it was argued that the marked lane violation may have been prompted by the officer's driving. Attorney DelSignore pointed out that the officer never investigated whether the client was simply tired and assumed impairment. After trial, the client was found not guilty of OUI.

Date: October 29, 2018 Category: OUI ACCIDENTS

1st Offense not guilty after client stopped at a Roadblock in Dedham In this case, the client was stopped at a roadblock or sobriety checkpoint in Dedham, Massachusetts near the Dedham Plaza, Shaws Market and Panera Bread, where the State and local police frequently conduct roadblocks. The client was alleged to have bloodshot eyes, odor of alcohol and admitted drinking alcohol, causing him to be diverted from the flow of traffic. The screening officer testified that the defendant failed two field sobriety tests and had difficulty getting out of the car. On cross examination, the officer conceded many signs inconsistent with impairment, including that the client did not have slurred speech, responded appropriately to questions, and showed the ability to walk a straight line on the nine step walk and turn. After trial, the defendant was found not guilty.

Date: October 18, 2018 Category: OUI ACCIDENTS

6 month breath test refusal suspension vacated In this case, we appealed a breath test refusal appeal. After a hearing in the district court, the judge found that the RMV failed to comply with the law in issuing the suspension and reinstated the client's license prior to the expiration of the six month refusal suspension.

Date: October 11, 2018 Category: BREATH TEST

Not guilty OUI and Negligent operation out of the Wrentham District court after an arrest by the Foxboro Police Department Client rear ended another vehicle and backed into a stop sign. Officer testified that client was unsteady on his feet, smelled of alcohol, had slurred speech, red glassy eyes and was unable to complete the ABCs. The officer further testified that the client was extremely belligerent both at the scene and during booking at the station. Attorney Gaudreau introduced the booking video to show that the client was not unsteady on his feet and had no difficulty walking around the booking area. She was also able to show that it was unclear how the accident occurred. The jury ultimately returned a not guilty verdict on both the operating under the influence of alcohol charge and the negligent operation charge.

Date: October 10, 2018 Category: OUI ACCIDENTS

OUI under 21 client found not guilty in Taunton District Court In this case, our client was under 21 and charged with OUI. Following our advice, the client enrolled in the Youth Alcohol Program reducing the license suspension for under 21 drivers. However, a conviction for someone under 21 would result in an additional 210 day suspension. The case proceeded to trial. At trial, Attorney DelSignore presented pictures showing that the area of the alleged mark lane violation was one where drivers would naturally cross the lanes for a second based on the way the road was constructed. Attorney DelSignore cross examined the officer and demonstrated that the client dismayed many signs inconsistent with being under the influence. During cross examination, the officer conceded that the client performed many steps of the nine step and one leg stand correctly. After trial, the defendant was found not guilty of OUI, avoiding an additional license loss for being under 21.

Date: October 4, 2018 Category: OUI ACCIDENTS
September 2018

Brockton District Court, 3rd Offense OUI not guilty after arrest by the Bridgewater police department In this case, our client was charged with a 3rd offense OUI, which carries a minimum mandatory six month jail sentence. The Commonwealth alleged that the defendant was under the influence of both alcohol and marijuana. This case involves complex evidentiary issues of law. At trial, Attorney DelSignore was able to preclude the officer from testifying to his opinion that the defendant was impaired by marijuana based on the officer's lack of training and the case of Commonwealth v. Gerhardt, where Attorney DelSignore and Gaudreau wrote a brief assisting the defendant in that case given the Statewide importance of the issue in the Gerhardt case for all defendants charged with any crime of driving under the influence of drugs, especially marijuana. Attorney DelSignore crossed examined all three officers, showing that the client did not exhibit signs of impairment. After trial, the defendant was found not guilty of OUI 3rd offense.

Date: September 27, 2018 Category: OUI ACCIDENTS

Dedham District Court 2nd offense OUI arrest by the Westwood Police Department not guilty after trial In this case, our client was charged with a second offense OUI after allegedly driving over the marked lanes in Westwood. The officer alleged that the defendant failed the field sobriety tests, including the nine step walk and turn, alphabet and one leg stand. At trial, Attorney DelSignore used a picture of the area and showed that the officer did the field tests in a very difficult area for anyone to perform well. During the cross examination it was also pointed out things that the client did correctly. When officers write their reports and testify at trial, they omit signs that do not show impairment. During this trial and every other trial, Attorney DelSignore highlights those positive points. In this case, an edited video was played showing that the defendant did not look impaired by alcohol. After trial, the defendant was found not guilty of both OUI 2nd offense and negligent operation.

Date: September 25, 2018 Category: OUI ACCIDENTS

Framingham District Court 1st offense OUI arrest by the State Police not guilty after a Jury Trial In this case, our client was alleged to have been all over the road, driving erratically and committing marked lane violations. The officer testified and wrote in his report, that the defendant was very unsteady getting out of the car, failed the field sobriety tests. The officers report and testimony tried to paint the picture of someone that could not stand up. On cross examination, Attorney Gaudreau pointed out the inconsistency with his observations and her performance on the one leg stand. Further, at trial, our client testified to what she had to drink and the fact that she did not feel impaired. After a jury trial, the defendant was found not guilty of OUI.

Date: September 24, 2018 Category: OUI ACCIDENTS

Attleboro District Court 1st offense not guilty after Jury Trial In this case, our client who was a teacher was charged with a 1stOffense OUI by the North Attleboro Police Department. The civilian witness and the officer claimed that the defendant drove on the lawn of a private residence. The officer further testified that the defendant failed field sobriety tests and was unsteady on her feet. The breath test results were excluded by Attorney DelSignore as part of the Statewide Breath Litigation which the client was joined to. At trial, the defendant explained to the jury that she had two drinks and made a mistake an drove on the lawn briefly because it was near a parking lot. On cross examination, Attorney DelSignore pointed out that the client did many things correctly on the field tests. After trial, the jury found the defendant not guilty charge and guilty on the negligent operation.

Date: September 19, 2018 Category: OUI ACCIDENTS

Wrentham District Court OUI 1st Offense client found not guilty after being arrested by the Norfolk Police Department In this case, our client was arrested for OUI by the Norfolk police department. The client worked at a hospital so could not afford any time of conviction or admission on the OUI charge. The officer claimed that the client drove at a high rate of speed and failed to yield. The officer alleged that the defendant had a strong odor of alcohol, glassy eyes, and slurred speech, as well as being unsteady getting out of the car. The officer further testified that the defendant failed the field sobriety tests. At trial, Attorney DelSignore objected when the officer tried to enter into evidence that the defendant refused to answer a questions about alcohol consumption. A defendant is under no obligation to answer questions and admission of this testimony would violate the privilege against self-incrimination as an attempt to shift the burden to a defendant. Additionally, Attorney DelSignore cross-examined the officer on his report which appeared to suggest that the defendant balanced for 30 seconds on the one leg stand. The officer conceded some favorable points about the defendant being polite, cooperative, alert during the booking process. All of these statements on cross-examination showed reasonable doubt. The client was found not guilty of the OUI charge. The client avoided any license loss or criminal conviction.

Date: September 18, 2018 Category: OUI ACCIDENTS

OUI 1st offense out of the Attleboro District Court not guilty after trial In this case, my client was arrested for OUI after being stopped for speeding. The officer alleged that he smelled an odor of alcohol, that she had bloodshot and glassy eyes as well as slow speech. The officer administered the standard field tests, the 9 step walk and turn and one leg stand test, and concluded that the defendant showed signs of impairment. The defendant submitted to a breath test of .09 and was placed under arrest. At trial, the breath test did not come into evidence based on problems with the breath test and litigation that the defendant had been joined to earlier by Attorney DelSignore. At trial, Attorney DelSignore showed that the defendant did many things inconsistent with someone under the influence of alcohol. She did not appear under the influence in the booking video; did many things correct on the field tests including keeping her foot up the correct height, starting on time and not missing heel to toe on the 9 step. The officer claimed that she missed some steps but when showed the report the officer acknowledged that he did not include that detail in the police report. After trial, the defendant was found not guilty.

Date: September 11, 2018 Category: OUI ACCIDENTS

OUI drugs not guilty out of the Attleboro District Court In this case, our client was charged with driving under the influence of drugs. The officer alleged that the defendant had prescription drugs on him as well as marijuana and claimed that the defendant was impaired. Based on the Commonwealth v. Gerhardt case, which we were a part of at DelSignore Law, writing a brief to the Court, the judge excluded any opinion evidence that the defendant was impaired. Further, on cross examination it was demonstrated that the defendant did some aspects of the field tests correctly. After trial, the defendant was found not guilty.

Date: September 7, 2018 Category: OUI ACCIDENTS
August 2018

Not guilty OUI arrest out of the Westboro District Court In this case, our client was arrested by the Southboro police cane charged with a first offense OUI out of the Westboro District Court. The client was stopped for speeding and was alleged to have slurred speech, strong odor of alcohol and failed three field sobriety tests. At trial, Attorney DelSignore presented a video of the booking process that showed that the client did not appear under the influence of alcohol. Also, Attorney DelSignore discredited the officer's opinion that the client failed field sobriety tests. After trial, the defendant was found not guilty of OUI.

Date: August 7, 2018 Category: OUI ACCIDENTS

Plymouth District Court not guilty OUI second offense after arrest by the Duxbury Police Department Civilian called police stating she observed client acting strangely, that she believed he was drunk and that she had seen him driving. Police respond and observe client in his underwear. Responding officer testified client had bloodshot eyes slurred speech and that he failed the field sobriety tests. Officer also testified client admitted to drinking awhile ago. At trial Attorney Gaudreau was able to show that client had a history of sleepwalking and his odd behavior was a result of that rather than alcohol. She was also able to cross exam the officer who was present during the booking process at the Duxbury police station. That officer stated that he had not recorded the same observations as the original officer. Attorney Gaudreau also submitted the booking video and photo that showed that the defendant had good balance and did not have bloodshot eyes. The jury found client Not Guilty.

Date: August 2, 2018 Category: OUI ACCIDENTS
July 2018

OUI arrest by the Groton Police department not guilty after trial in the Ayer District Court In this case, my client was charged with OUI by the Groton police department after being stopped for a marked lane violation. At trial, the arresting officer tried to magnify everything mentioned in his police report. This is common; many officers try to sell the case to a judge or jury by trying to add to the report. During cross examination, Attorney DelSignore was able to show that what the officer claimed the defendant did wrong on the field sobriety tests was relatively minor and that she did not display many of the major clues of impairment. After trial, the defendant was found not guilty, avoiding any further suspension of her license.

Date: July 26, 2018 Category: OUI ACCIDENTS

2nd offense not guilty out of the Boston Municipal Court In this case, my client was charged with OUI by the Boston police department after having allegedly committed a marked lane and speeding violation. The officers claimed that the defendant had slurred speech, a strong odor of alcohol and bloodshot and glassy eyes. Further, the officers alleged that the defendant was unsteady and combative during the booking process. At trial, on cross examination, Attorney DelSignore showed that the observations were not noted immediately in the report, but only after the officers claimed the defendant was allegedly combative. After trial, the defendant was found not guilty.

Date: July 24, 2018 Category: OUI ACCIDENTS

OUI 2nd dismissed out of the Palmer District Court after judge allows motion to suppress In this case, our client was charged with an OUI second offense by the Palmer police department. The case was set down for a motion hearing challenging whether the officer had a legal basis to pull the client over under the 4th amendment and Article 12 of our State Constitution. The key to the victory at the motion was the pictures showing the narrow road. Attorney DelSignore discredit the officers testimony about the driving violation by showing that the officer did not react as would be expected if the infraction occurred. After taking the motion under advisement, the judge allowed the motion resulting in the dismissal of the case.

Date: July 23, 2018 Category: OUI ACCIDENTS

6 month Breath Test Refusal suspension overturned by the Court In this case, our client was alleged to have refused a breath test. The documents from the case showed that the breath test was not working properly and that it was not our clients fault. After being denied at the RMV, the case was appealed to the district court where the refusal suspension was vacated. The client was allowed to reinstate her license without paying any further fees.

Date: July 18, 2018 Category: BREATH TEST

Dedham District Court not guilty OUI after car accident with injuries In this case, our client was charged with OUI by the Norwood Police Department after a one car accident, where the victim was injured from the crash, and went to the hospital. At trial, the victim testified that the client was speeding and on the wrong side of the road. The officer testified that the client failed field sobriety tests and had bloodshot and glassy eyes. At trial, our client testified about his day and the fact that he did not feel under the influence of alcohol, that he was nervous on the field tests and tried to understand everything perfectly so asked questions. On cross examination, Attorney DelSignore pointed out that the defendant basically passed the nine step walk and turn; reluctantly the officer agrees that the client did well on the test. After trial the defendant was found not guilty of OUI but guilty of negligent driving. That was the verdict we were looking in light of the accident to avoid the OUI conviction.

Date: July 10, 2018 Category: OUI ACCIDENTS
Read More DUI Results 2018 (part 2), 2017,2016, 2015, 2014, 2013 and older
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! Either him or his partner Julie 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 both Michael and Julie for their 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 and Julie over and over again. Claire
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