DUI Case Results (2018) - Part 2

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.

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. The jury found client Not Guilty.

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.

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.

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.

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.

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.

First Offense not guilty after OUI arrest by the Mansfield police department In this case, our client was stopped for a failed registration by the Mansfield police department. He was alleged to have slurred speech, bloodshot eyes and the car had an overwhelming odor of alcohol. At trial, with no evidence of bad or unsafe driving the Commonwealth was put in a difficult position with respect to meeting its burden of proof. Attorney DelSignore argued that the driving is the best evidence of possible impairment. Further, it was emphasized that the client was not unsteady on his feet. After trial, the client was found not guilty of OUI and negligent operation.

2nd Offense OUI not guilty out of the Framingham District Court In this case, our client was charged with OUI by the Wayland police department and the case was heard in the Framingham District Court. The client was asleep in his car with the keys in the ignition and the car running, but in a safe spot. This was critical to the issue in the case. On cross examination, Attorney DelSignore pointed out what the client did well on the field exercises, and impeached the officer on his scoring of the nine step walk and turn. After trial, the defendant was found not guilty of a second offense OUI, avoiding a two year license loss.

First Offense OUI out of the Taunton District court found not guilty after being arrested by the Reboboth Police Department The client was charged with OUI out of the Taunton District Court after being arrested by the Rehoboth police department. He was alleged to have crossed the mark lanes over the double yellow line three times; after the lights came on the client alleged drove off the road onto an embankment. At trial,. the officer acknowledged only being behind the defendant for 45 seconds and that the client pulled over immediately once the lights came up. The client had some difficulty with the field tests, but did not have slurred speech and was polite and cooperative. The defendant was found not guilty after trial.

State police arrest out of the Brighton District Court client found not guilty after trial In this case, our client was stopped for erratic driving near the Charles River Bridge in Boston and the case was heard in the Brighton District Court. As a result of motions of Attorney DelSignore the breath test of .14 was excluded from evidence. At trial, Attorney DelSignore showed that the officer was unreasonable and not reliable as the officer would not acknowledge flaws with the field sobriety testing. Further it was shown that the officer was quick to judge the tests, finding that the client failed before given a fair opportunity to completely them. After trill, the defendant was found not guilty of a First Offense OUI.

Not guilty OUI first offense out of the Concord District Court after Jury Trial In this case, the client was arrested by the Bedford police department and the case was heard in the Concord District Court. The client was alleged to have been drunk on the side of the road, with bloodshot and glassy eyes, alleged to have been unsteady on his feet. The officer claimed that the client failed three field sobriety tests and placed the client under arrest. At trial, Attorney DelSignore confronted the officer with the fact that the 9 step walk and turn is more difficult if you have to bang your feet together. The client was shown on the video having difficulty with balance, but it was argued that it was because the officer did not instruct him properly in how to perform the exam. Further, it was argued in closing that the client acted inconsistent with someone under the influence and that the officer actions, in putting the client back in the car was inconsistent with how a drunk person would be treated by the police. After jury trial, the client was found not guilty.

Not Guilty after Jury Trial in Dedham District Court Client was pulled over by the Dover police department, after officer observed him driving 53 mph in a 30 mph zone. Officer testified that client smelled of alcohol, had bloodshot eyes and slow deliberate speech. Officer further testified that client had difficulty counting backwards. The officer admitted that the tests were not performed on a flat surface as his training requires and that even with the more difficult setting the client did well with only one slight misstep on the nine step walk and turn. The client was found not guilty by the jury out of the Dedham District Court.

1st Offense OUI Not Guilty Jury Trial Dorchester District Court Client was stopped by a state police trooper in Dorchester for speeding and marked lanes violations. The trooper testified at trial that the defendant had an open container of alcohol in the car and that he failed the field sobriety tests, however he did not have a strong memory of how the client actually performed. The trooper admitted on cross that the client was not unsteady at all when holding his leg up for the one leg stand and that on the nine step walk and turn the client walked nine steps out, did the turn correctly, stayed on a straight line and counted out loud in order. After jury trial the client was found not guilty.

1st offense OUI arrest by the Mansfield Police not guilty after jury trial in Attleboro District Court In this case, the client was alleged to have been stopped for speeding and crossing the marked lanes. The officer alleged that the client had smelled of alcohol and had bloodshot and glassy eyes. The officer testified that the client did not perform the field exercises correctly. At trial, the officer testified that an individual is suppose to literally touch their feet together on the nine step walk and turn; at trial, Attorney DelSignore showed the officer his training manual that indicates a gap is allowed. The officer also acknowledged that the client did many things right on the one leg stand. The client testified that he worked a full day and drank socially with friends and did not think he was impaired. After trial, the jury found the client not guilty of OUI, but guilty of negligent operation. This is a common split verdict; As a Massachusetts OUI Lawyer, I tell my clients that it is often helpful to have both charges to help the jury reach a compromise and avoid the harsher consequences associated with an OUI conviction.

OUI involving car accident not guilty after jury trial in Brockton District Court In this case, the client was got into a rear end accident. The police officer alleged that the client told him he had 7 Beers and 2 Shots, failed field sobriety tests and had bloodshot and glassy eyes. At trial, Attorney DelSignore questioned the officer as to what the defendant did correct on the field tests, and emphasized that given his native language was Spanish it was more difficult for him to understand the officer. Given the admission to drinking a significant amount, the client testified to rebut the officers claim and testified that he had 5 beers but much earlier in the night. After jury trial, the client was found not guilty of OU.

1st offense OUI not guilty out of the Uxbridge District Court after civilian complaint of intoxicated driver In this case, the police received a civilian report that someone appeared under the influence of alcohol. At trial, the civilian was called to testify about what caused her concern. While stating she smelled alcohol, the civilian did not conclude that the defendant was under the influence, drunk, unsteady or had slurred speech. This point was stressed during the closing argument. The officer testified that the defendant was unsteady on his feet missed steps on the nine step walk and turn, but walked a line, took the correct number of steps and counted correctly. After trial, the defendant was found not guilty.

1st offense not guilty after one car accident in Natick In this case, the defendant was charged with a 1st offense OUI by the Natick police department and the case was brought to the Framingham District Court for trial. In this case, the client lost concentration and went off of the road. Attorney DelSignore admitted to the negligent operation and had the client accept a CWOF, which did not result in any license loss. However, the evidence of the client being under the influence was attacked because the client did very well on the field exercises. The officer admitted that the client substantially performed the one leg stand and nine step walk and turn. As part of the defense, Attorney DelSignore played a video of the booking process which the client did not appear under they influence of alcohol. After trial, the defendant was found not guilty.

1st offense OUI not guilty out of the Milford District Court In this case, the client was stopped by the Upton police and the case was initially heard in the Milford District Court before being transferred to the Worcester District Court for trial. The client was alleged to have been stopped for flashing his high beams. The client failed field sobriety tests and was place under arrest. The client submitted to a breath test which .14. Since the breath test have not been used, Attorney DelSignore quickly brought the case to trial. At trial, Attorney DelSignore pointed out that the driving was not reflective of someone under the influence of alcohol and that the client substantially performed the field exercises. After trial, the defendant was found not guilty.

1st Offense OUI dismissed out of the Chelsea District Court In this case, the defendant was alleged to have operated under the influence of alcohol by the State police and the case was heard in the Chelsea District Court. Based on the client's military service, we were able to work out a resolution to the case under the Valor Act where the client received a diversion of the criminal charges in exchange for completing a treatment program. the Judge accepted the diversionary program and the case was dismissed.

1st offense OUI not guilty out of the Concord District Court In this case, the client was charged with an OUI offense by the Concord police department. The defendant submitted to a breath test which registered .07. These are typically very winnable cases at trial, which was the case here. The case was more difficult than a typical .07 case because of an admission to a high number of drinks. However, it was pointed out that the breath test result demonstrates that the drinks were consumed earlier; in addition, Attorney DelSignore pointed out the many things that the defendant did correct on the field tests. The client was able to hold her leg up for the duration of the exercise; Attorney DelSignore argues that show of balance is inconsistent with someone under the influence of alcohol. The client was found not guilty of a First OUI offense.

Under 21 OUI not guilty after trial in Fall River District Court In this case, our client was charged with a 1st offense OUI by the State police and the case was heard in the Fall River District Court. The client was stopped for not having her headlights on, and was alleged to have slurred speech, an odor of alcohol and bloodshot and glassy eyes. The officer claimed that she failed the field sobriety tests. At the time of the arrest, the client was under 21 facing a potential 210 day license loss. At trial, Attorney DelSignore pointed out the numerous things that the client did correct, which were inconsistent with someone impaired by alcohol, that the client pulled over right away, stayed in the instruction stance during the nine step and provided her license and registration without difficulty. Additionally, it was emphasized that the police failed to preserve video evidence that was timely requested and that deprived the client of independent evidence to challenge the officer's subjective opinion. After trial, the client was found not guilty.

Not guilty under 21 OUI out of the Fall River District Court after arrest by the State police In this case, our client was stopped by a State Trooper for not having her headlights on. This type of stop is always a good start to any case. In this matter, the breath test of .12 was excluded from evidence as breath test results have not been used since August 2017 as a result of the statewide litigation over 30 of our clients were involved in when it started two years ago. At trial, the officer testified that the defendant failed both filed sobriety tests, slurred her speech and had s strong odor of alcohol. At trial, Attorney DelSignore argued that the officer never asked the client about medical conditions, making the conclusion that every error in balance was alcohol related was false. Additionally, the client displayed no problems with balance during normal activities. The client was under 21 and the district attorney attempted to incorrectly argue that it is a lower standard for someone under 21. The legal standard for under the influence is the same regardless of age; the license suspension is more severe if you are under 21. The client was found not guilty of OUI, avoiding a 210 day license suspension as opposed to the typical 45 day suspension if over 21.

1st Offense OUI arrest by the Dover police, not guilty after Jury Trial Dedham District Court In this case, the client was charged with OUI 1st offense after leaving work and arrested by the Dover police department. The officer alleged that the client was speeding and failed field sobriety tests. The officer also claimed that the defendant slurred his speech, had a strong odor of alcohol and bloodshot and glassy eyes. At trial, the officer acknowledged the the speech was only slightly slurred, and admitted to several things that the client did correctly on the field sobriety exercises. Attorney DelSignore argued that given the many things done right those were inconsistent with someone under the influence of alcohol and despite the officer's unwillingness to concede that the defendant basically past the exercises, that the jury should find that the performance was inconsistent with impairment. A booking video was also shown that demonstrated that the client did not appear under the influence. After a jury trial, the defendant was found not guilty of OUI.

CDL holder found not guilty of a 1st Offense OUI out of the Wrentham District Court not guilty after Jury Trial avoiding one year suspension of CDL license In this case, our client was stopped for OUI by the Foxboro Police and alleged to have crossed the mark lanes by driving on the wrong side of the road to pass a car. The officer stopped the client and alleged that the client had slurred speech, bloodshot and glassy eyes and smelled of alcohol. The client submitted to a breath test of .14. After pretrial motions, the pretest was excluded from evidence. A booking video was presented showing that the defendant had good balance and coordination, appeared cooperative and followed the officer's instructions. On Cross Examination, the officer admitted that many of the signs he saw were inconsistent with someone under the influence of alcohol. After jury trial, the client was found not guilty of OUI, avoiding a one year license suspension of his CDL.

Breath test Refusal Suspension Overturned In this case, we appealed our client's license suspension for refusing a breath test. The client was initially denied reinstatement in Boston; after an appeal to the Uxbridge District Court, the license suspension was overturned and the client was permitted to have his license reinstated.

Client found Not guilty of 1st OUI in Dedham District Court after Crash into State Police Detail In this case, our client crashed into a State police detail, hitting a sign and cones. Officer alleged that the defendant was unsteady on her feet and failed field sobriety tests. At trial, our client testified that she was distracted momentarily causing the accident and that she did not feel as though she was under the influence of alcohol. Her testimony was key in the outcome of the case. The client recounted her day, how she spent and what she had to drink. A Jury in the Dedham District Court found the client not guilty of both OUI and negligent operation.

1st Offense OUI not Guilty out of the Falmouth District Court Client arrested for First OUI by the State Police Bourne Barracks and the case was heard in the Falmouth District Court. The officer testified that the client showed signs of impairment on the one leg stand and field tests, as well as had a strong odor of alcohol. Afer trial, the client was found not guilty of OUI.

2nd offense not guilty out of the Ayer District Court after Jury Trial Client on the side of the road asleep at the wheel in the afternoon. the client was alleged to have not known where he was going and was on his way to his friend's house. The client had unopened beer in the car and admitted to drinking earlier in the day. The client could not get his license out and stumbled getting out of the car. On the nine step he did not touch heel to toe, and did not walk in a straight line. The client was alleged to have failed field sobriety tests. After jury trial, the client was found not guilty.

2nd offense OUI dismissed on Trial Date In this case, the court allowed our motion to dismiss when the Commonwealth was not ready for trial on the trial date.

OUI arrest by the Foxboro Police, not guilty after Jury Trial in the Wrentham District Court In this matter, the client was charged with OUI after being stopped leaving Patriot's Place. This a common area for OUI arrests to occur. The client was alleged to have committed a minor traffic infraction and field sobriety exercises. Two officers testified against the defendant. At trial, the officers differed in some of their observations, namely slurred speech and the role the backup played in administering field sobriety tests. After a jury trial in the Wrentham District Court, the defendant was found not guilty of OUI.

Not guilty 1st offense OUI out of Framingham District Court In this case, the client was arrested by the Weyland Police Department and charged with OUI. The case was heard in the Framingham District Court. The client was alleged to have driven erratically after being observed by a civilian witness. At trial, the witness testified that the client was speeding and allegedly passed his car. The police officer did not see any erratic driving; the client denied passing any cars. At trial, the witness did not sufficiently identify the client vehicle. The officer testified that the client failed field sobriety tests. During cross examination, the officer acknowledged that the defendant did many things correct on the nine step that were not included in the police report. After trial, the client was found not guilty.

Brockton District Court: Not guilty after jury trial case brought by the Bridgewater Police In this case, my client was arrested and charged with OUI by the Bridgewater Police Department. The client was alleged to have crossed the marked lanes several times. In one area where the officer testified, a review of the road showed that there was a turn lane and the client was making a left turn. The officer also alleged that the defendant failed the nine step walk and turn and one leg stand. During cross examination, the officer acknowledged only finding balance problems during the field tests. This discredited the officer's claim that alcohol caused the defendant to have a lack of balance. A jury found the client not guilty of OUI.

First Offense OUI out of the Concord District Court not guilty In this case, the client was charged with a first OUI out of the Concord District Court after being arrested by the Stow police department. At trial, she argued with no evidence of erratic driving that a field sobriety tests alone were not enough evidence to prove the charge beyond a reasonable doubt. After trial, the client was found not guilty of OUI

1st Offense OUI out of the Lowell District Court not Guilty After Jury Trial In this case, the client was alleged to have been speeding as well as committing marked lane violations. The officer alleged that the defendant failed the nine step walk and turn and one leg stand test. After a jury trial, the defendant was found not guilty.

Fall River District Court not guilty after Jury Trial In this case, the client was alleged to have submitted a breath test with a result of .10 and crossed the marked lanes several times. The officer also testified that the defendant failed field sobriety tests. Further, an edited copy of the booking video was used to show that the defendant did not appear under the influence of alcohol. After jury trial, the defendant was found not guilty of both OUI and negligent operation.

Not guilty OUI 1st offense out of the Framingham District Court This was a case where my client was arrested by the Natick police department. The case was heard in the Framingham District Court which also hears cases from Natick. The client was alleged to have been speeding and crossed the marked lanes on several times. The officer testified that the client failed field sobriety tests and was unsteady on his feet. In this case, the booking video was a key part of the case showing that the defendant's balance was rock solid moments after the arrest during booking. The client had some physical issues making performing the field tests more difficult. The officer acknowledged that the tests could be inaccurate based on this issue. The clients breath test of .10 was excluded from evidence in the case. After trial, the defendant was found not guilty.

Brockton District Court 1st Offense OUI not guilty after Jury Trial In this case, my client was charged with a first offense OUI after being arrested by the Whitman Police Department. The client was alleged to have driven on the wrong side of the road, failed fields sobriety tests and had slurred speech, bloodshot and glassy eyes. The client took a breath test that registered .17. After a motion was allowed excluding the results from evidence, the case went to trial. At trial, Attorney DelSignore presented a booking video to rebut the officer's contention that the defendant slurred her speech; the video also showed that the client had good balance. On cross examination, Attorney DelSignore impeached the officer's recollection of the weather that evening and minimized the significance of the field tests due to the poor conditions. The jury returned a verdict of not guilty on the OUI charge.

Client avoids jail time on OUI 3rd offense out of the Marlborough District Court In this case, the client avoided a mandatory jail time as the client was found not guilty of a 3rd offense, but found guilty of a second offense. While this was not an ideal result, the client avoided jail time on a very difficulty case where the district attorney was unwilling to agree to any plea less than jail.