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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.

March 2020

Board of Appeals - Early Hardship granted on Second Offense OUI In this case, we were able to get our client a hardship after the breath test refusal suspension expired but prior to the client serving the one year of the two year suspension for OUI. Typically, the RMV requires the motor to serve half of the suspension for OUI prior to obtaining a hardship on a second offense. We were able to convince the Board to grant an early hardship license. This early hardship was critical to the client keeping his employment and easing the burden to his family as a result of his increased abilities to drive.

Category: OUI ACCIDENTS

OUI arrest at Roadblock in South Boston: Client found not guilty after trial In this case, our client was charged with OUI out of the South Boston Division of the Boston Municipal Court. The client was stopped at a State police sobriety check point. In this case, Attorney DelSignore was able to keep the breath test out of evidence as a result of the 9510 litigation. The case proceeded to trial in the Boston Municipal Court where he argued that the client basically passed the field tests given by the officer. The officer was critical of the client's performance, but the client did the major aspects of the test correctly. Further, as in all roadblocks, there is usually not evidence of erratic driving. This was the case here. Attorney DelSignore stressed the extremely difficult task of proving someone is under the influence when there is no driving to reflect impairment. After trial, the defendant was found not guilty of OUI.

Category: OUI ACCIDENTS
February 2020

Wareham District Court Jury Trial after an arrest by the State police out of the Bourne Barracks Client was pulled over after allegedly cutting off a state trooper. State trooper testified that client smelled of alcohol had slurred speech and was slow to produce his license. Client was asked to count backwards and to perform the nine step wall and turn. State trooper testified that client was unable to perform either test correctly. At trial Attorney Gaudreau was able to introduce evidence to show that the client had consumed only two drinks with dinner and that the road the client pulled out from had an obstructed view. The client testified and was able to explain to the jury the day he had and how he believed he performed on the tests. The Jury found the client not guilty of operating under the influence.

Category: OUI ACCIDENTS

Worcester District Court First Offense OUI not guilty after an arrest by the Massachusetts State Police out of the Holden Barracks Client was pulled over for not having an inspection sticker. As the trooper approached the car he observed it to roll backwards. The trooper testified at trial that client smelled of alcohol had bloodshot eyes slurred speech and poor balance. He further testified that the client was unable to perform the field sobriety tests as instructed. At trial Attorney Gaudreau cross examined the trooper and was able to show that the client was driving a stick shift that evening, showed good mental clarity when speaking with the trooper and performing tasks and the he performed very well on the one leg stand. Attorney Gaudreau also introduced medical records that showed the client had an old injury that could have affected his balance. After trial the judge found the client Not Guilty of operating under the influence.

Category: OUI ACCIDENTS

Nantucket District Court: OUI Drugs charge dismissed In this case, the client was arrested and charged with OUI drugs after being in an accident while on vacation in Nantucket. Attorney DelSignore filed a motion to exclude evidence and presented his argument to the district attorney that the defendant's medical condition would make it impossible for anyone to conclude what caused the accident. The OUI drugs charged was dismissed and the client resolved the negligent operation charge in exchange for the dismissal of the OUI offense.

Category: OUI ACCIDENTS

Concord District Court: 1st Offense OUI not guilty after jury trial In this case, the client was charged with a first Offense OUI after being arrested by the Concord police department. This case was unusual in that the first trial ended in a hung jury. A hung jury is fairly rare; I have had about 4 of them in my career; it is when the jury cannot agree to a unanimous verdict. In most cases, the district attorney will retry the case, meaning that you will have a second trial. In this case, I could not work out a resolution to avoid a trial without a conviction on the OUI. At trial, a civilian witness testified that he thought that the defendant was driving erratically. However, Attorney DelSignore pointed out that the civilian did not get a description of the license plate. The officer testified that the client failed field sobriety tests and had signs of impairment, like slurred speech and bloodshot and glassy eyes. The client did many thinks right, like pull over quickly, provide her license and registration and get out of the car without using it for balance. These signs weigh against someone being impaired. Officer never say in the police report what the client did correct, but Attorney DelSignore can bring these facts out on cross examination. A book video also showed that the defendant did not look impaired. After a very long deliberation of six hours, the defendant was found not guilty.

Category: OUI ACCIDENTS

Nantucket District Court: OUI alcohol case dismissed In this case, our client was charged with OUI by the Nantucket police department. After negotiation with the prosecutor and consideration of the client's medical condition, the prosecutor agreed to dismiss the OUI charge in exchange for a plea on the negligent operation charge. This is an unusual result; it does not happen often, but in this case we were able to obtain this resolution of the case to avoid any OUI conviction for the client.

Category: OUI ACCIDENTS

Quincy District Court: OUI 3rd Offense Case dismissed In this case, the client was charged with a third offense OUI. The issue in the case was the reliability and veracity of the 911 caller that lead to the stop. At a motion to suppress hearing, the court found that there was not enough information to credit the veracity and basis of knowledge of the caller. As a result the court allowed the motion to suppress, resulting in the dismissal of the case. The client also had a suspension revered for refusing the breath test at a prior date. He was able to retain his driver's license and avoid a mandatory jail sentence.

Category: OUI ACCIDENTS

Westboro District Court: 1st Offense OUI not guilty after an arrest by the Groton police department In this case, our client was charged with an OUI first offense by the Groton police department. It was alleged that our client was speeding and crossing the marked lanes. At trial, the officer testified that our client failed field sobriety tests and had bloodshot and glassy eyes. Attorney DelSignore cross examined the officer on the fact that our client was a big guy, making it difficult for him to perform a field sobriety test under any condition. In the case, given the driving violations were minor, it was shown that the performance on the field sobriety tests could have easily been caused by the client's physical condition as alcohol. Given this uncertainty in the evidence, there was enough to find the client not guilt as we had shown reasonable doubt. The client was found not guilty after trial, avoiding an OUI conviction.

Category: OUI ACCIDENTS

Wrentham District Court: OUI 2nd offense case dismissed. In this case, our client was stopped by the Walpole police based on an alleged 911 call regarding his sobriety. For a 911 call to be admissible, the Commonwealth needs to demonstrate the trustworthiness and reliability of the information during a motion to suppress hearing. In this case, Attorney DelSignore challenged the reliability of the caller at this hearing. The Court agreed with his arguments that the Commonwealth could not meet their burden under the law and the motion to suppress was allowed, resulting in the dismissal of the case.

Category: OUI ACCIDENTS
January 2020

Ayer District Court: 1st offense OUI not guilty after an arrest by the Littleton police department In this case, the client was charged with a 1st offense OUI and brought to the Littleton police department. The client was alleged to have caused a 3 car accident and was believed to be under the influence of alcohol by the officer. The officer claimed that the client had slurred speech, an odor of alcohol and red bloodshot eyes. Further, the officer claimed that the defendant did not follow instructions not the field exercises. This was a unique case in many respects, but what made this case different was the amount of evidence we presented in the defense. A defendant has no burden of proof and often the best strategy can be to hold the Government to that burden. But in this case, the client testified, we called two additional witnesses who were with the defendant prior to the accident as well as presenting a booking video and 911 call. The key piece of evidence was the call showing that the defendant's speech was not slurred. The defendant testified giving providing evidence that put in context the incident. After trial, the defendant was found not guilty of OUI.

Category: OUI ACCIDENTS

Attleboro District Court Client charged with 1st offense OUI by the North Attleboro police department not guilty after jury trial In this case, the client was charged with an OUI first offense by the North Attleboro police department. The client was alleged to have a strong odor of alcohol and admitted to giving varying amount of alcohol consumptions by the officer, including saying she had as many as 5 beers. The client disputed the officers account of what she said she had to drink. In comes cases, when there is an important piece of evidence that is essential to dispute to win the case, a client may need to testify. This was one of those cases. The client was found not guilty by a jury after trial.

Category: OUI ACCIDENTS

Wrentham District Court 1st offense OUI arrest by the Franklin police department In this case, the client was charged with OUI after leaving an event at Patriot's Place; the client was alleged to have been speeding and driven erratically pulling over. The officer testified that the client failed field sobriety tests. At trial, Attorney DelSignore pointed out that the client was not all over the road, drove in his lane and was speeding only slightly above the limit. Additionally, he emphasized that the client did several things right on the field sobriety tests to argue that overall the results are equally consistent with someone not under the influence of alcohol. After trial, the defendant was found not guilty of OUI.

Category: OUI ACCIDENTS
December 2019

Wrentham District Court 1st offense OUI arrest by the Franklin police department In this case, the client was charged with OUI after leaving an event at Patriot's Place; the client was alleged to have been speeding and driven erratically pulling over. The officer testified that the client failed field sobriety tests. At trial, Attorney DelSignore pointed out that the client was not all over the road, drove in his lane and was speeding only slightly above the limit. Additionally, he emphasized that the client did several things right on the field sobriety tests to argue that overall the results are equally consistent with someone not under the influence of alcohol. After trial, the defendant was found not guilty of OUI.

Category: OUI ACCIDENTS

Brookline District Court OUI 1st offense not guilty In this case, our client was charged with a first OUI offense by the Brookline police department. The client was alleged to have driven reckless by driving on the wrong side of the road. At trial, Attorney DelSignore presented a copy of the video of the defendant at booking showing that he did not look impaired. He also cross examined the officer to show that he followed many of the instructions. The officer acknowledged that the defendant passed the one leg stand despite saying he failed in the police report after being presented with his training. Attorney DelSignore also pointed out that many of the visual clues of someone drunk were not present. After trial, the client was found not guilty of OUI.

Category: OUI ACCIDENTS

Fall River District Court: Client found not guilty of OUI after a Jury Trial after being arrested by the Somerset Police department In this case, our client was charged with OUI after being arrested by the Somerset police department. The officer made observations of our client committing marked lane violations; stopped him and allowed he smelled an odor of alcohol, that the client's speech was slurred and his eyes bloodshot and glassy. What made this case interesting and helpful for the defense is that he never asked our client how much he had to drink. At trial, Attorney DelSignore argued that was strange for the officer not to ask that question if our client was really under the influence. The client also performed field sobriety tests and it was argued that while he did not do every detail perfectly, he did well considering his nervous state, height and the difficulty of doing the test with his freedom on the line. After trial, the client was found not guilty of both OUI and negligent operation.

Category: OUI ACCIDENTS

OUI - Not Guilty Jury Trial- Taunton District Court Police were called to a report of an abandoned vehicle in Rehoboth. When officers arrived they saw that the car was off, the keys were in the ignition and the client was asleep in the passenger seat. At trial a Rehoboth police officer testified that he couldn't wake the client up for at least five minutes. Once the officer woke the client up, he began to smell a strong odor of alcohol coming from the client's mouth and that the client couldn't stand on his own. A half empty bottle of tequila was seized from the vehicle. Back at the station the client began to speak to imaginary people and yell and cry. At trial Attorney Gaudreau was able to show, through cross examination, that the evidence appeared to show that the defendant pulled over, parked, turned the car off and walked to the passenger side of the vehicle and then consumed alcohol. She was also able to point out that his behavior throughout his encounter with police was much more likely to be related to a mental health issue than intoxication. After trial the jury found the client NOT GUILTY.

Category: OUI ACCIDENTS

In this case, the client was charged with OUI drugs by the Bridgewater police department. The client allegedly failed a DRE exam and the officer came to the opinion he was under the influence of prescription drugs. At trial, Attorney DelSignore objected to the DRE testifying. After a trial the defendant was found not guilty of OUI drugs.

Category: OUI ACCIDENTS

OUI drugs charge not guilty out of the Brockton District Court 2nd Offense OUI not guilty out of the Eastern Hampshire District Court In this case, the client was charged with OUI by the Ware police department. It was the client's second offense. He was alleged to have crashed into the side of the road and driven erratically. A civilian witness testified about the defendant's driving. At trial, the officer testified that the client was unsteady, had slurred speech and bloodshot and glassy. Attorney DelSignore's pointed out that the officer's investigation was lacking and showed the inconsistencies in his testimony regarding balance. After a trial, the defendant was found not guilty of both OUI and negligent operation. The Court ordered that his license be reinstated on the three year refusal suspension. Had the client been convicted, at minimum, he would have had an interlock device in his car and a potential 5 year license loss.

Category: OUI ACCIDENTS

Nantucket District Court 1st offense OUI dismissed In this case, out client was charged with a first offense OUI. He had to travel to Nantucket for work and was arrested after crossing the marked line. The defendant was alleged to have failed to perform to the officers satisfaction. The officer formed the opinion he was under the influence of alcohol after observing common signs of impairment. After negotiation with the prosecutor, Attorney DelSignore was able to convince the district attorney to drop the OUI in favor of a plea on the negligent operation. This is rarely done in Massachusetts, but Attorney DelSignore has successfully negotiated dismissals to OUI in a small minority of Courts. In the overwhelming majority of courts, there is no negotiation for OUI cases. As a result, the client avoided an OUI conviction.

Category: OUI ACCIDENTS
November 2019

OUI 2nd Offense dismissed after a motion to supppress was allowed in Westboro District Court In this case, our client was charged with a second offense OUI. He was charged by the Groton police department and the case was heard in Westboro District Court. In this case, it was alleged that the defendant was driving erratically and that was the basis of the officer stopping the client. However, under the Constitutional the police need reasonable suspicion to make a car stop. When that is based on an unknown informant, the Commonwealth must establish the reliability and basis of knowledge to prove that the tip is reliable. After a motion hearing, the judge determined the Commonwealth did not meet its burden and allowed the motion to suppress. This resulted in the OUI charged being dismissed.

Category: OUI ACCIDENTS
Read More DUI Results 2019, 2018, 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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