DUI Case Results (2015)

Client charged with OUI in Dudley District Court Client was pulled over for failing to yield to an emergency vehicle. The officer testified that the client pulled out right in front of his cruiser when his lights were flashing. The client took a breath test with a .16 result. At trial the officer testified that the client had difficulty pulling over appropriately and that his vehicle rolled back and almost hit the cruiser. The officer testified that when he approached the vehicle he was able to immediately detect the odor of alcohol and that the client had bloodshot glassy eyes. The officer testified that the client was unsteady, stepped off the line numerous times and did not touch heel to toe on the nine step walk and turn and swayed during one leg stand and had to restart the test three times.

Client charged with OUI out of the Cambridge District Court. The client was involved in an accident with a State Trooper, admitted to consuming three beers and was alleged to have failed field sobriety tests. At trial, the Trooper also claimed that the defendant made admissions and expressed remorse for the incident. At trial, Attorney DelSignore crossed examine the two Trooper and demonstrated that they could not agree as to how the client performed on field sobriety tests and that the client was cooperative during the booking process. Further, a booking photograph was used to show that the defendant did not appear intoxicated. After trial, the client was found not guilty of OUI after a Jury Trial.

Client received a license suspension after being in an accident. License Suspension Hearing at the Board of Appeals: Client received a license suspension for an immediate threat after being involved in an accident. DelSignore Law appealed to the RMV and had the request denied; upon further appeal to the Board of Appeals, the client had his license reinstated and the immediate threat suspension removed despite the OUI case still pending in Court.

Client charged with OUI by state police. Client was charged with OUI by the State police and the case was heard in the Leominister District Court. The defendant was stopped for speeding and it was alleged that the defendant failed field sobriety tests and admitted to consuming a few beers. After trial, the defendant was found not guilty.

Client charged with First Offense OUI out of Plymouth County. In this case out of the District Court in Plymouth County, the defendant was charged with a first offense OUI. The client avoided an OUI conviction after a motion was allowed by the Court that was filed by DelSignore Law.

Client charged with OUI and Child Endangerment. The client was charged with OUI and the officer claimed that the defendant was speeding and went through a red light. The case was complicated by the fact that the client had children in the car, which enhances the potential penalties upon conviction. The client had an odor of alcohol and admitted to consumption of alcohol during the booking process. At trial, it was stressed that there were numerous observations of the officer that were inconsistent with someone being under the influence of alcohol. The client was found not guilty on both OUI and Child Endangerment.

Client arrested by State Trooper in Boston area. Case out of Brighton District Court, the defendant was arrested in the area of Solider’s Field Road by a State Trooper. The Trooper that arrested my client makes frequent arrests in that area. The breath test was excluded from evidence prior to trial. We had filed numerous motions and the case took a while before we were successful in excluding the results from evidence. At trial, the officer testified that the client was speeding, weaving all over the road and nearly struck the median. The Trooper testified that the client failed both the one leg stand and nine step walk and turn. After Trial, the client was found not guilty.

Brockton District Court client charged with OUI. The client was charged with a First Offense OUI out of the Brockton District Court. In this case, the officer claimed that the defendant failed 4 field sobriety tests, spoke in a slurred manner and was unsteady on her feet. We challenged the legal basis of the stop at a motion hearing as I thought there was a strong argument that the West Bridgewater officer was not justified in making the stop. This motion was denied and also denied after a motion to reconsider. The case proceeded to a Jury Trial where the officer was confronted about his observation, revealing that they were overstated and the video was offered into evidence which also undermined the officer’s opinion. After about 15 minutes of deliberation, the Jury Returned a Not Guilty Verdict.

Client charged with OUI after crossing marked lanes Client charged with OUI offense and alleged to have crossed the marked lanes. The officer testified at trial that the defendant failed two field sobriety tests, had a strong odor of alcohol and slurred speech. At trial, the officer added damaging facts that were not in his police report and which were not testified to at a prior motion. On cross examination, the numerous inconsistencies in the officer’s testimony were pointed out and the defendant was found not guilty after Trial.

Client charged with First Offense OUI Client charged with First Offense OUI, after being stopped for speeding and committing two marked lane violations. The Officer testified that the client was unsteady on his feet, had bloodshot eyes and slurred speech. Officer testified that the defendant admitted to consuming six beers and that the defendant failed the nine step walk and turn and one leg stand field sobriety tests. During cross examination, the officer acknowledged that the defendant did many things correct on the field tests. The defendant testified establishing the time of the consumption. The Defendant was found not guilty in Dedham District Court of both OUI and Negligent Operation of a Motor Vehicle.

Client charged with First Offense OUI after rear accident Client charged with first Offense OUI after a rear accident in Boston. The officer alleged that the client was unsteady on his feet after the accident and had difficulty with balance and following instructions on the nine step walk and turn and one leg stand field sobriety tests. Attorney DelSignore questioned the officer about the inaccuracies of the tests and emphasized areas where the defendant did follow instructions and showed good balance. The defendant’s polite and cooperative manner was stressed as well. The defendant was found not guilty of OUI after trial in the Boston Municipal Court.

Client charged with First Offense OUI driving home from party Client admitted to consuming a large amount of alcohol at a party. The client testified to establish that although the quantity seemed high that it was spaced out over a long day with the consumption of food. While the officer testified that the client drove erratically, the defense stressed the normal driving inconsistent with the officer’s observations and the lack of any physical evidence other than the officer’s opinion. At trial, the defense also emphasized the lack of a through investigation and lead to the defendant being found not guilty of OUI.

Client charged with OUI after being extremely uncooperative Client charged with a first offense OUI and negligent operation of a motor vehicle. The client was extremely uncooperative with officer, threatening him at the police station and requesting that he give him a break at the scene and allow him to get a ride home. The State trooper claimed that the defendant failed to stay in the marked lanes, failed 3 field sobriety tests. At a motion hearing, the defendant’s admission to consuming a large amount of alcohol was excluded from evidence as the judge found that the officer did not advise the defendant of his Miranda rights. The success on this motion allowed us to proceed to trial, where it was shown that the defendant was simply angry over the arrest and that the field sobriety tests did not show he was under the influence of alcohol. The client was found not guilty of a First Offense OUI after a Trial and accepted a plea of a CWOF on the negligent operation charge, avoiding any further license loss.