DUI Case Results (2020)

Westboro District Court: 1st offense OUI not guilty after trial after an arrest by the Southboro Police Department In this case, our client was stopped for speeding by the Southboro police department. The officer found that the client had an odor of alcohol, slurred speech and our client admitted to consuming alcohol. The officer requested that he perform field sobriety tests. The officer found that he did not do as instructed and arrested the client. At trial, Attorney DelSignore disputed the fact that the officer had the opinion he did not perform well. During cross examination, the officer admitted that the client did many things correctly and that his scoring on the exercises was not exact. Further, it was argued that our client was nervous and that could have contributed to any mistake on the exercise. The Commonwealth was not able to rule out all reasonable doubt in the case. After trial, the our client was found not guilty of OUI.

Plymouth District Court: Arrest by the State Police Norwell Barracks not guilty after trial In this case, our client was arrested for OUI after allegedly driving erratically on Route 3 in Plymouth. The officer claims that our client could not stay in the marked lanes, almost hit the guard rail and was failing to maintain her lane. The officer claimed that he smelled a strong odor of alcohol, that the client had trouble retrieving her license and failed 2 field sobriety tests. At trial, Attorney DelSignore presented evidence showing what the client was doing that evening to show that she was not drinking excessively and could have been tired by her days activities. After trial, the defendant was found not guilty of OUI.

1st Offense OUI dismissed Woburn District Court In this case, our client was charged with an OUI 1st offense by the State police. On the day of trial, Attorney DelSignore was able to get the case dismissed as the Commonwealth was not ready to proceed with trial.

1st Offense OUI out of dismissed Edgartown District Court In this case, our client was charged with OUI while vacationing with his wife in Martha's Vineyard. The client admitted to consuming alcohol and was involved in an accident. The officer claimed that the client failed several field sobriety tests. After negotiation with the prosecutor, Attorney DelSignore was able to obtain a dismissal of the OUI charge in exchange for a plea on a lesser charge. The client avoided an OUI conviction.

1st Offense OUI arrest Attleboro District Court not guilty after trial In this case, our client was arrested for a first offense OUI by the State police near Exit 3 on Route 95. The officer alleged that the client was having difficulty maintaining his travel lane and crossing between lanes. While bad driving is always harmful in an OUI case, in this case, Attorney DelSignore was able to minimize the duration of the infraction, point out that the client was not speeding and pulled over quickly once the lights went on, showing that he was paying attention. The officer smelled a strong odor of alcohol and claimed that the client was unsteady on the One Leg Stand. According to the officer, the client had 5 to 6 drinks but on cross examination, the officer corrected that number to 4 to 5. Despite an admission to drinking, the client was found not guilty as other evidence in the case, stressed by Attorney DelSignore, raised a reasonable doubt. The defendant was found not guilty.

Mansfield police 1st Offense OUI out of Attleboro District Court not guilty after Trial In this case, the client was alleged to have driven outside of the marked lanes. The officer claimed that the client was unsteady, had slurred speech and did not perform properly on field sobriety tests. Attorney DelSignore relied on the cruiser video to show that the defendant's speech did not sound slurred and that the defendant was very steady on her feet for a 20 second interval. After trial, the defendant was found not guilty of OUI.

Westboro District Court 1st OUI Arrest by the Westboro Police: not guilty after trial In this case, our client was charged with OUI by the Westboro police department. She was stopped for having her lights off; cases with no serious claims of erratic driving are generally very defendable at trial. Attorney DelSignore emphasizes the good driving that the office saw and magnifies the importance of the driving for the trial judge. In this case, we were able to argue that the client did many things right on the field tests that were inconsistent with someone being drunk. A video of the booking was also used at trial to show that the defendant did not present like someone that had too much to drink. After trial, the defendant was found not guilty of both OUI and negligent operation. The Court restores her license allowing the client to get back on the road prior to the six month refusal suspension being served in its entirety.

Stoughton District Court, 2nd offense OUI not guilty after an arrest by the State Police In this case our client was charged with OUI and arrested by the State police. The officer alleged that the defendant was weaving and not staying in his lane. However, the area where the defendant was approaching has many different exits that people would naturally be switching lanes often in that area. At trial, Attorney DelSignore stressed the clients performance on the one leg stand test, holding his foot up for 15 seconds as strong evidence that he was not under the influence of alcohol. The client did not act like someone under the influence as he was polite and cooperative with the officers. Further, he did things right that police expect to see in their training as signs of impairment. After trial the defendant was found not guilty; the Court reinstated his license allowing the client to get back on the road prior to the expiration of the three year suspension for refusing a breath test.

Westboro District Court: 1st offense not guilty after trial despite .12 breath test In this case, the client was involved in an accident and submitted to a breath test with a result of .12. During a motion hearing prior to the trial, Attorney DelSignore was able to have the breath test result excluded from evidence. At trial, the Commonwealth was left with a case based on the subjective observations of the officer that the client had too much to drink. The Client was found not guilty as Attorney DelSignore argued the evidence did not meet the standard of proof beyond a reasonable doubt.

Ayer and Wrentham District Courts: Client charged with a 3rd offense OUI has prior conviction from the 1980s vacated In this case, our client was charged with a third offense from Wrentham District Court. The client received a sentence that avoided jail time on the OUI offense in Wrentham. A motion to vacate his plea from the 1980s was allowed, reducing his license loss from a third offense to a second offense. The client's license suspension was reduced dramatically as a result of Attorney DelSignore finding a defect in the plea hearing from the Ayer District Court.

Nantucket District Court: 1st OUI charge dismissed In this case, my client was working on Nantucket for the summer and arrested for OUI, negligent operation and marked lane violation after alleging driving erratically and crossing the marked lanes. The client was stopped by the Nantucket police department. The client allegedly failed field sobriety tests and smelled of alcohol, exhibited signs of impairment, including slurred speech and bloodshot and glassy eyes. Attorney DelSignore obtained video evidence that showed the client did not look impaired on the video and was able to have the caser resolved with a plea on the negligent operation charge.

Edgartown District Court: OUI 1st Offense not guilty after trial In this case, my client was arrested by the Tisbury Police Department on Beach Street and charged with OUI. This is a very common area where the Tisbury Police makes OUI arrests. The Commonwealth claimed that the defendant drove erratically, and acted belligerent and out of control consistent with someone under the influence of alcohol. At trial, Attorney DelSignore emphasized that the officer did not smell an odor of alcohol consistent with excessive drinking, nor where observations make about lack of balance and coordination. After trial the defendant was found not guilty of OUI and negligent operation of a motor vehicle.

Stoughton District Court: OUI Drugs 2nd Offense In this case, the client was charged with an OUI drugs charge out of the Stoughton District Court. OUI drugs is very difficult for prosecutors to prove as the prosecutor needs to be able to specify which drug they believe someone driving was under the influence of. It is not enough for the police to allege that a driver was impaired by something. After legal arguments in the case, the OUI drug charge was dismissed. The client resolved the negligent operation charge in a favorable manner and avoided a second OUI conviction.

In Motion for new Trial Allowed on old OUI from Attleboro District Court, reducing current OUI charge from a 4th offense to 3rd offense In this case our client was charged with a 4th Offense OUI in the Taunton District Court. Attorney DelSignore found a defect in the plea from Attleboro District Court, reducing the offense to a third offense. This cut down the potential jail time and length of the license suspension.

Fall River District Court OUI drugs charged dismissed In this case, Attorney DelSignore was able to negotiate a dismissal of an OUI drugs charge prior to trial. OUI drugs charges are very difficult to prove in court. Attorney DelSignore is known to fight these cases vigorously. In consideration of the legal arguments and mitigating factors showing that the client addressed any drug issue, the District Attorney agreed to dismiss the OUI drugs charge in exchange for a plea of a CWOF on the charge of negligent operation. This type of resolution rarely happens with alcohol related offenses.

1st Offense OUI not guilt out of Framingham District Court In this case, our client was arrested for OUI after allegedly leaving the scene of an accident. The client was alleged to have failed field sobriety tests and had bloodshot eyes, an odor of alcohol and other signs the officer said indicated impairment. At a motion to suppress hearing, the client's statements and field sobriety tests were excluded as a result of our clients Miranda rights being violated; after trial, the client was found not guilty.

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.

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.

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. 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.

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. After trial the judge found the client Not Guilty of operating under the influence.

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.

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.

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.

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.

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.

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.

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.

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.

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.