DUI Case Results (2019)

Worcester District Court OUI offense with claims of erratic driving by the State police not guilty after trial. Client’s citizenship status saved by the not guilty verdict In this case, my client was stopped near the Massachusetts and Rhode Island border for allegedly driving erratically. The case began in the Uxbridge District Court but was transferred to the Worcester District Court for trial. At trial, Attorney DelSignore had the officer concede that the defendant had his leg up for 27 seconds. This performance is inconsistent with someone drinking too much. That point was stressed during the trial. Attorney DelSignore also emphasized that the officer did not indicate that the client stumbled, staggered or made any major observations consistent with someone under the influence of alcohol. The breath test was excluded from evidence based on the Commonwealth failing to demonstrate the accuracy of the testing measures. The not guilty verdict was a major win for our client trying to obtain his green card.

Dedham District Court First Offense OUI not guilty after arrest by the Wellesley police department In this case our client was stopped for running a red light by the Wellesley police department.. At trial, the officer testified that the defendant failed field sobriety tests. On cross examination, it was revealed that the defendant complied with many of the officer's instructions. Further, the Wellesley police department is one of the rare department in Massachusetts that has both cruiser and booking video of the arrest. The breath test in this case was excluded from evidence. Attorney DelSignore played portion of the booking to show that the client did not look impaired.. After trial, the defendant was found not guilty of both OUI and negligent operation.

Plymouth District Court OUI Marijuana and NEGLIGENT OPERATION- NOT GUILTY - At trial a state trooper testified that they observed the client weaving in between lanes. Trooper testified he pulled the client over and observed that the vehicle smelled like burnt marijuana and the passenger had a lit blunt in her lap. Trooper further testified that client had red bloodshot eyes, was slow to respond and that he didn't perform the field sobriety tests to the trooper's satisfaction. On cross examination, Additionally, she argued that the client showed that the client performed well on the tests including being able to hold his foot up for the full 30 seconds on the one leg stand. After trial, the defendant was found not guilty of OUI and negligent operation.

Stoughton District Court OUI after arrest by the State police At trial a state trooper testified that he observed the client speeding and making multiple marked lanes violations. The trooper testified that after a delay in response from the client he was able to get the client to pull over. The trooper testified that when he made contact with the client the client's eyes were bloodshot, he smelled like an alcoholic beverage and that he had slurred speech. He also testified that client admitted to drinking, was unable to recite the alphabet, was unsteady on his feet and that he failed the field sobriety tests. The defendant was found not guilty of OUI.

Not Guilty First Offense OUI out of the Taunton District Court after an arrest by the Rehoboth Police Department In this case, the client was stopped for crossing the marked lanes by the Rehoboth police department. When I went to the scene with my client, we discovered that the officer followed the client for three miles and the marked lane violation occurred prior to the officer taking a left turn. At trial, the officer acknowledged he did not know the defendant planned to turn; he testified that the client admitted to consuming alcohol and had bloodshot and glassy eyes. On cross examination, he acknowledged he did well on the nine step and could not recall how long he had his leg up for the one leg stand, but agreed that it was a significant time period. After trial, the defendant was found not guilty of OUI and negligent operation. The Judge approved a motion to reinstate his license allowing him to get his license back prior to the 180 days. The Not Guilty on the negligent operation was important because the RMV has taken the position that it will not honor a judge's request to reinstate a license after a not guilty on an OUI if there is a CWOF on the negligent operation charge. We eventually had the RMV’s position overturned at the Board of Appeals but this additional not guilty verdict resulted in our client’s license being restored quicker which was critical to his employment.

1st Offense OUI out of the Brockton District Court, results in a not guilty verdict after an arrest by the East Bridgewater Police Department In this case, my client was stopped for crossing the marked lanes by the East Bridgewater police department. The officer claimed that the defendant had bloodshot and glassy eyes and slurred speech. Attorney DelSignore used the booking video to show that the defendant's speech appeared normal and that during booking she had normal balance and coordination. The breath test was excluded from evidence in this case. The client was 60 years old so it was argued that the One leg stand and 9 step walk and turn are less reliable as a result of her age. After trial, the defendant was found not guilty of OUI.

OUI- NOT GUILTY after Bench Trial in Dudley District Court. Client was charged with OUI after he was pulled over for speeding. At trial, the officer testified that the client smelled like alcohol and that he had bloodshot glassy eyes. The client was asked to perform the nine step walk and turn and the one leg stand. The officer testified that the client could only hold his foot up for six seconds and that he stepped off the line and missed heel to toe on three steps on the walk and turn. After trial, a Dudley District Court judge found the defendant not guilty of the OUI.

1st Offense OUI not guilty out of the Attleboro District Court after arrest by the North Attleboro police department. In this case, the defendant was stopped for speeding well in excess of the posted speed limit. The defendant was alleged to have been going twice the speed limit; the officer testified he smelled and odor of alcohol and that the client had blood shot and glassy eyes. Further, the officer testified that the client failed 3 field sobriety tests. On cross examination, Attorney DelSignore highlighted the many things that the client did correctly on the exercise. He also pointed out that the alphabet test is not reliable for someone who does not learn the alphabet in the United States as a child. After trial, the defendant was found not guilty of OUI. Since the client had a Rhode Island license, the client avoided a potential six month suspension in Rhode Island in addition to the further Massachusetts license suspension.

Framingham District Court: Second Offense OUI not guilty after arrest by the Hopkinson police department. In this case, our client was charged with a second offense OUI after an arrest by the Hopkinson police. As is often the case, a key piece of evidence was the testimony of a civilian that claimed that the defendant was driving erratically. At trial, Attorney DelSignore pointed out the difference between the trial testimony and initial report to the police; as well as the lack of any video evidence showing the driving that would have been available. While the officer claimed that the defendant failed field sobriety tests, we used the video to show she did very well, nearly perfect and did not have balance issues in the video. After trial, the defendant was found not guilty of OUI Second offense.

Wrentham District Court 1st offense OUI not guilty after arrest by the Foxboro police department In this case, our client was arrested for OUI after an accident and charged with OUI by the Foxboro police department. At trial, a civilian witness testified to how the accident occurred; the police officer also testified that the defendant failed the field sobriety tests. At trial, Attorney DelSignore called his client to testify and an additional witness who claimed that she did not think the defendant was under the influence of alcohol. In additional, a video of the booking showed that the client did not seem to be under the influence of alcohol. After trial, the defendant was found not guilty of OUI.

Dudley District Court 1st offense OUI not guilty after trial involving an accident and allegations of leaving the scene In this case, the client was charged with a first offense OUI by the Dudley police after leaving the scene of a one car accident. A civilian witness testified that the defendant was driving erratically prior to the accident. At trial, the officer testified initially on direct examination that the client failed two field sobriety tests; on cross examination he acknowledged that he did most of the exercises correctly when judging according to the officer's training at the police academy. In this case, the client's breath test was under .08 which was a key factor in the judging finding the client not guilty despite the accident and the leaving the scene charge. After trial, the defendant was found not guilty of OUI.

Brockton District Court OUI 2nd offense not guilty after arrest by the State Police In this case, out client was arrested by the State police after allegedly weaving and swerving on Route 24. The State trooper testified that the client slurred her speech, had strong odor of alcohol and did not pull properly into the breakdown lane. The trooper also tested that the client did not properly recite the alphabet, not saying it correctly after N. At trial, the trooper acknowledged after cross examination by Attorney DelSignore that the client substantially performed the nine step and testified that the client did everything correct on the one leg stand. Evidence was also presented of the defendant's booking photo which did not reveal bloodshot eyes as the officer testified. After trial, the defendant was found not guilty of OUI.

Clerk Magistrate hearing OUI no complaint issued In this case, the client appeared before a clerk magistrate hearing on a first offense OUI. the clerk did not issue the complaint, meaning that the client will not face OUI charges. You will only receive a clerk magistrate hearing if you are not arrested which typically occurs when you are brought to the hospital. While in many cases the complaints are issued, in this case the clerk did not issue the complaint for OUI. The client was very active in treatment prior to the hearing which assistant Attorney DelSignore in negotiating this resolution.

Brockton District Court 1st offense OUI not guilty In this case, the client was arrested by the State police and charged with 1st offense OUI. After trial, the defendant was found not guilty.

Wrentham District Court 1st Offense OUI not guilty after arrest by the Norfolk police department In this case, the client was arrested for a first offense OUI after an arrest by the Norfolk police department. The officer testified that the defendant was speeding and turned without using his signal. Further the officer claimed that the defendant failed the field sobriety tests. At trial , Attorney DelSignore emphasized that the driving was not indicative of someone under the influence of alcohol. A lack of bad driving is one of the best defenses in an OUI case. In this case, Attorney DelSignore emphasized that relatively safe driving along with a video that did not show signs of impairment. After trial, the defendant was found not guilty. The judge allowed a motion to reinstate the client's license prior to the expiration of the six month refusal suspension.

Wrentham District Court not guilty after an arrest by the Norfolk Police Department In this case the defendant was stopped for speeding and almost striking the curb after a call from a concerned citizen. The officer testified that the client failed field sobriety tests, had slurred speech and a strong odor of alcohol. The officer altered his testimony at trial significantly from the report. Attorney DelSignore pointed out those difference as well as the fact that the officer had to refresh his memory from the report. Attorney DelSignore also played a video showing that the defendant did not look under the influence in the video. After trial, the defendant was found not guilty. The judge also allowed the motion to restore the client's license allowing the client to drive after only a three month suspension for breath test refusal as opposed to six months.

Lawrence District Court first offense OUI arrest by the State police after an accident not guilty In this case, our client was involved in an accident and charged with an OUI by the State Police out of Andover, Massachusetts. At trial, the officer stated that the defendant admitted to losing control of the car causing the accident; however, Attorney DelSignore was able to impeach the officer with his police report that made no mention to this statement. The breath test in the case was excluded from evidence which would have revealed a breath test of .20. The Trooper claimed that the defendant failed two field sobriety tests; however, on cross examination the officer conceded that the client did many things correctly and ultimately conceded that she substantially performed the exercises. After a jury trial, the client was found not guilty of OUI and negligent operation.

Boston Municipal Court: Doctor Found not guilty after arrest by State police In this case, our client was charged with a first offense OUI after an arrest by the State police. In this case, our client was facing a potential meeting with the medical board if convicted. At trial, Attorney DelSignore undermined the officers claim that the defendant was driving erratically; further, he showed that the defendant performed many of the field exercises correctly and was nervous rather than impaired. Finally, while we did not have to use the evidence, we had a video obtained from private surveillance showing that the defendant did not look under the influence of alcohol. After trial, the defendant was found not guilty of OUI 1st offense.

1st offense OUI not guilty out of the Plymouth District Court after an arrest by the Marshfield police department In this case our client was arrested by the Marshfield police department and charged with OUI. The case was heard in the Plymouth District Court. Our client testified and his side of the story; that he did not think he drank too much and that he felt as though he did very well on the field sobriety tests despite the officer opinion to the contrary. After a jury trial, the defendant was found not guilty.

1st Offense OUI not guilty out of the Framingham District Court after arrest by the State police Department Client charged with OUI 1st offense after a 911 caller alerts the police to alleged erratic driving. The defendant was stopped by a State Trooper who claimed that he observed erratic and unsafe driving, as well as saw the defendant exceed the speed limit. The officer claimed that the officer was slow to pull over and that the defendant failed field sobriety tests. On cross examination, the officer acknowledge that the defendant walked out in a straight line, heel to toe, counted correctly. The officer claimed that the defendant failed because he started soon and was unsteady but a full review of his performance indicated he substantially performed both tests. After trial, the defendant who worked as an Engineer was found not guilty.

Framingham District Court 1st offense OUI can dismissed under the Brave Act; in this case, our client was charged with a first offense OUI. Based on his extraordinary service to his country, Massachusetts law provides a diversionary program for form Military. This program use to be referred to as the Valor Act, but was renamed the Brave Act by the legislature. The client case will be dismissed after completing an alcohol education program recommended by the VA and approved by the Court.

Hingham District Court OUI 2nd offense not guilty after jury trial. In this case, my client was stopped for speeding by the Hingham police department. The officer claimed that the client had slurred speech, a strong odor of alcohol and bloodshot and glassy eyes. The officer requested the defendant to perform field sobriety tests including the alphabet test. English was not the defendant's native language; the officer claimed that the defendant said the alphabet out of order. At trial, Attorney DelSignore argued that this was na inappropriate test for someone that did not learn the alphabet as a child. Further, the officer claimed that the defendant failed the 9 step walk and turn and one leg stand test. While the client did not do well on the one leg stand, the 9 step did not show signs of impairment. After a jury trial, the defendant was found not guilty of his second offense OUI. Since the client was not a citizen, the client avoided potential deportation from the United States in addition to a two year license loss.

5 year Breath test refusal suspension overturned. In this case, the client refused a breath test. Since it was the client's 3rd offense OUI, the suspension for refusal increased to 5 years. A first offense refusal has a 180 day suspension, 2nd offense 3 years, 3rd offense five years. Any refusal with more than 3 OUI convictions, results in a lifetime suspension. The client appealed the refusal to the RMV; as is customary the RMV denied the request for reinstatement. We appealed to the district court where the judge overturned the suspension finding that the RMV did not comply with the law in suspending the client's license. Our client was able to regain his driving privileges.

OUI dismissed out of the Fall River District Court In this case, Attorney DelSignore filed a motion to preserve any video evidence. It was anticipated the video would be favorable and be a key part of our defense. The Fall River police officers claimed that our client almost got into a a head-on collision when driving past them. The client was asked to do field sobriety tests and the officer claimed that the defendant failed. Attorney DelSignore was going to use the video to attack the credibility of the officers and show that the client did not look impaired. The Fall River police department never preserved the video. The case was scheduled for a motion hearing and the judge agreed with us that the case should be dismissed. The Commonwealth appealed, claiming that the judge was wrong to dismiss the case. The Commonwealth did not file the appeal properly; a judge of the Appeals Court allowed the late appeal, but on further appeal to the entire appellate court, the judges agreed with Attorney DelSignore that the appeal was not timely filed. The case was argued in the Massachusetts Court of Appeals. The Appeals court ruling resulted in the OUI case being dismissed.

Dedham District Court first Offense OUI after arrest by State police not guilty after jury trial. In this case, my client was arrested after being stopped by a State trooper for speeding and crossing the marked lanes on the highway. The trooper alleged that the client was slow to stop, shad slurred speech, a strong odor of alcohol and bloodshot and glassy eyes. The trooper further testified that the defendant was unsteady getting out of her car and failed two field sobriety tests. At trial, the Trooper was cross examined to show that he overlooked and ignore the things that the client did correctly on the field sobriety tests. Further, medical records of the defendant were introduced showing that a prior injury could have caused the missteps on the field tests. The defendant testified in her defense that she did not feel under the influence of alcohol. After a jury trial, the defendant was found not guilty of OUI.

Dudley District Court 1st Offense OUI not guilty after trial after an arrest by the Webster police. In this case, a civilian witness testified that the defendant was driving erratically. Significantly, the civilian was not correct in describing the car. At trial, the officer testified that he thought the defendant failed field sobriety tests and showed signs of impairment. In this case, medical records were used to show that a prior injury could explain issues with balance seen on the field sobriety tests. Based on the subjective nature of the observations and the inclusive nature of the field tests, the defendant was found not guilty after trial.

Attleboro District Court OUI 1st offense not guilty after an arrest by the Norton police department. In this case, our client was pulled over on the side of the road. The officer became suspension and conducted a motor vehicle stop when the client pulled out of the parking spot. The officer claimed that the client failed field sobriety tests, was slow to respond and had blood shot eyes consistent with alcohol impairment. The key factor leading to the not guilty verdict in this case was there was no evidence of unsafe or erratic driving. Case without bad driving are very difficult to prove and Attorney DelSignore will emphasis this fact during trial. After trial the defendant was found not guilty.

1st Offense OUI Not guilty out of the Milford District Court In this case, our client a sales person who had children and needed her license to support her family and children was charged with a first offense OUI. The defendant was stopped for a minor traffic infraction and alleged to have been very unsteady on the field sobriety exercises. The officer claimed the client almost fell on the exercise. Medical records from the client revealed that she had balance issues. At trial, these records were critical to show that the officer observations were from a prior injury and not as a result of impairment from alcohol. After trial, the client was found not guilty. The case proceeded to trial quickly so the defendant is eligible to get her license back prior to the six month suspension for refusing a breath test.

2nd offense OUI not guilty out of the Dedham District Court In this case, the client was arrested for a 2nd offense OUI after leaving Legacy Place in Dedham. The client was pulled over to the side of the road with a flat tire; police arrived on scene and suspected that the defendant may have hit a curb. At trial, there was no evidence as to how the accident happened. During the trial, the police claimed that the defendant failed filed sobriety tests; when confronted on cross examination, the officers acknowledged that the defendant followed several of the instructions on the field tests and had his leg up for a considerable period of time. A booking video was also presented from the Norwood police department that showed that the defendant did not appear under the influence of alcohol. Norwood police has a surveillance video which they do not routinely provide to lawyers but will provide when specifically requested. After trial, the defendant was found not guilty of a 2nd OUI.

1st offense OUI not guilty out of the Framingham District Court In this case, the client was charged with an OUI by the Natick police department and arrested for OUI. The police allege that the client failed several field sobriety tests after the client was involved in a one car accident. At trial, Attorney DelSignore argued that a technical defect in the complaint was present and that it could not be corrected on the trial date. After hearing arguments on the legal claims and defense to the merits, the client was found not guilty of a 1st offense OUI.

1st offense OUI out of the Wrentham District Court not guilty In this case, my client was charged with a First Offense OUI by the Norfolk police department and the case was heard in the Wrentham District Court. The client was alleged to have been speeding, failed a field sobriety test while displaying bloodshot glassy eyes, exhibiting slurred speech and having a strong odor of alcohol. On Cross examination, the officer admitted to certain facts contradicting his opinion that she was impaired: the officer said that she had no difficulty, pulling over, getting out of her car and was polite and cooperative. After trial, the client was found not guilty of OUI.

1st offense OUI out of the Brockton District Court not guilty after Jury Trial In this case, my client was arrested by the State police after allegedly failing to correctly spot at a Sobriety Checkpoint. The client was alleged to have admitted to drinking 4 beers in a one hour time span. The State troopers claimed that the client failed two field sobriety tests. At trial, the client testified that the client statements regarding his alcohol consumption was wrong and that in fact that drinks were spaced out over four hours. Furthermore, Attorney DelSignore pointed out that other evidence was inconsistent with drinking too much, including the odor of alcohol lack of slurred speech and the number of things that the defendant did correctly on the sobriety tests. After a jury trial, the defendant was found not guilty of OUI.

1st offense OUI not guilty out of the Worcester District Court After 3 Car Accident In this case, my client was involved in an accident and arrested by the State police. The case was heard in the Worcester District Court. At trial, Attorney DelSignore advocated that the client did many things someone sober would do after accident; he was polite, acknowledged being in the accident and concerned with others involved. The client was given a field sobriety tests and during cross examination the officer acknowledged that he kept his leg up for 10 seconds with no indication he did not continue the exercise. Attorney DelSignore argued that someone who can keep their leg up for 10 seconds and count correctly is not impaired given the anxiety of doing these tests in front of police officers. Additionally, medical evidence was presented showing a prior back injury back the exercises harder for the client. After trial, the client was found not guilty of OUI.

Fall River District Court not Guilty After one Car Accident In this case, my client was arrested by the Somerset police after being involved in an one car accident. At trial, Attorney DelSignore presented evidence that she sufffered an injury from the accident that could explain some of the officer's observations; further, a video of the client during of the booking was used to show she appeared to have good balance and corridnation. On cross examination, the officer who was very familiar with his police training acknowledged many things that the client did correctly on the field tests that are inconsistent with someone who is impaired. After trial, the defendant was found not guilty.

2nd offense OUI not guilty out of the Dorchester District Court after arrest by State police In this case, my client was arrested and charged with a second offense OUI by the Dorchester police department. The State trooper alleged that the client committed a marked lane violation. At trial, the Commonwealth presented evidence of numerous empty cars of beer in the car. The Trooper also testified that the client slurred his speech, had bloodshot and glassy eyes and failed the field sobriety tests. At trial, Attorney DelSignore cross examined the officer on the safe aspects of the client's driving, pointed out the things that the client did correctly on the field tests that the officer omitted from his police report and testimony. After a jury trial, the defendant was found not guilty, avoiding a two year license loss.

1st offense OUI not guilty out of the Leominster District Court In this case, our client was stopped for speeding and marked lanes violations. At trial the officer testified that the client performed poorly on the field sobriety tests. Attorney DelSignore challenged this testimony based on the officer's training and the difficulty that most people have with these exercises, and argued that they do not measure impairment. After trial, the defendant was found not guilty of OUI and after a further motion was allowed the client had his license reinstated immediately. In this case, the client refused the breath test; we were able to get a quick trial date to cut the six month suspension down to three months.