October 2013 Client charged with First Offense OUI after failing breath test Client charged with 1st Offense OUI and took a breath test with the result .14. Attorney DelSignore filed a motion to exclude the breath test as not being scientifically reliable because not in compliance with the Regulations governing breath testing. After hearing, the Court allowed the motion. The case proceeded to trial, the officers testified that the defendant smelled of alcohol, had bloodshot eyes and failed field sobriety tests. After Jury Trial, the defendant was found NOT GUILTY of OUI.
Category: BREATH TEST Client charged with OUI after accident and failed breath test Client charged with first Offense OUI with breath test result of .15 and involved in an accident. Breath test results were excluded as a result of the Commonwealth not establishing their burden of proving the reliability of the results during a motion hearing. At trial, Attorney DelSignore argued that the accident was not caused by alcohol and discredited the reliability of the field sobriety tests. Client was found NOT GUILTY of 1st Offense OUI.
Category: BREATH TEST Client arrested for OUI after a car accident. The client took a breath test with a result of .15. After motion hearing, the Court excluded the breath test results. The case proceeded to jury trial where Attorney DelSignore attacked the reliability of field sobriety, the opinion of the arresting officer and demonstrated that the accident was not caused by alcohol consumption. After jury trial, the client was found NOT GUILTY of OUI.
Category: BREATH TEST July 2013 Client involved in single car accident The client was involved in a single car accident, admitted to consuming three glasses of wine, was alleged to have failed the nine step walk and turn test as well as admissions to having made a mistake. The breath test result of .12 was excluded from evidence prior to trial. The defendant was found NOT GUILTY.
Category: BREATH TEST Client faced 6 month breath test refusal suspension Attorney DelSignore appealed six month breath test refusal suspension; after the suspension was affirmed by the RMV, the district court reversed the decision of the RMV suspending my client’s license for breath test refusal. Client was able to obtain IMMEDIATE REINSTATEMENT OF LICENSE.
Category: BREATH TEST Client allegedly drove under influence of marijuana. The defendant was charged with OUI drugs, alleging that she drove under the influence of marijuana. The Commonwealth presented testimony from an officer stating that the defendant appeared to be impaired, exhibited signs of being under the influence of marijuana and admitted to smoking marijuana earlier that day. The Commonwealth also presented evidence from a DRE or Drug Recognition Expert. Attorney DelSignore argued that the opinion of the DRE was not scientifically reliable and it was excluded from evidence. After trial, the defendant was found NOT GUILTY.
Category: OUI ACCIDENTS Client faced First Offense OUI with out of state license Defendant charged with first offense OUI and has an out-of-state license. The defendant took a breath test and register .08, police officer testified that the defendant had slurred speech and failed field sobriety tests. Attorney DelSignore called an expert to testify regarding the margin of error in breath testing. Client found NOT GUILTY of both the impairment and per se prong of Massachusetts OUI Law.
Category: BREATH TEST Truck driver client charged with OUI with breath test UNDER .08. The Client, a Truck Driver, was charged with 1st Offense OUI alleged to have been speeding close to 100 miles per hour, failed three field sobriety tests and had bloodshot and glassy eyes. The case proceeded to trial despite the breath test being under .08. The client was found NOT GUILTY after trial.
Category: BREATH TEST 2012 Client involved in car accident and failed breath test Client involved in a one-car accident submitted to a breath test and the result was a .10. The breath test result came into evidence; Attorney DelSignore retain an expert to explain to the jury the flaws with breath testing and the jury returned a NOT GUILTY verdict on the per se prong and the impairment prong of Massachusetts OUI law.
Category: BREATH TEST Client stopped at roadblock Client charged with First Offense OUI, stopped at a roadblock, alleged to have failed three field sobriety tests, found to have slurred speech and bloodshot eyes. Client found NOT GUILTY after trial.
Category: OUI ACCIDENTS Client faces first offense OUI Judge grants Attorney DelSignore motion to dismiss the OUI 1st offense charge case. Case is DISMISSED.
Category: OUI ACCIDENTS Breathalyzer refusal suspension vacated Breathalyzer refusal suspension vacated by district court judge; client eligible to have license reinstated for breathalyzer refusal immediately without having to complete the full six month suspension. The client appeared at the RMV in Boston and the district court judge OVERTURNED the suspension after hearing.
Category: BREATH TEST Client alleged to have been speeding 17 miles over the limit Client charged with First Offense OUI, alleged to have been speeding 17 miles over the limit, smelled of alcohol, slurred speech, blood shot eyes and failed 3 field sobriety tests. Officer testifies that the client was unsteady on his feet, difficult and uncooperative. Client found NOT GUILTY after trial.
Category: OUI ACCIDENTS Client faces first offense OUI and negligent operation Client was charged with a First Offense OUI and negligent operation. The defendant was alleged to have failed five field sobriety tests, appeared unsteady on his feet, spoke with a thick and slurred speech and had blood shot eyes. After trial, the client was found NOT GUILTY of both First Offense OUI and negligent operation of a motor vehicle.
Category: OUI ACCIDENTS Client faces first offense OUI after accident with 2 witnesses The client was charged with a First Offense Massachusetts OUI. The motorist was involved in an accident with two civilian witness and the arresting officer claimed that she failed field sobriety tests, was unsteady on her feet, had slurred speech, bloodshot eyes and admitted to having a couple of drinks. The case proceeded to trial and the client was found NOT GUILTY of First Offense OUI, guilty on negligent operation after trial.
Category: OUI ACCIDENTS Client license reinstated for refusing breath test Breathalyzer refusal appeal OVERTURNED; client’s license is reinstated for breathalyzer refusal after district court judge found the Massachusetts Registry of Motor Vehicles abused its discretion in issuing the license suspension. Six month breathalyzer refusal suspension VACATED.
Category: BREATH TEST Client failed breath test, field sobriety tests and had accident Client charged with First Offense OUI, failed a breathalyzer test results with reading of .22, failed field sobriety tests and was involved in an accident. Case dismissed as Attorney DelSignore filed a motion arguing that the police violated the 4th Amendment in seizing the defendant. As a result, client avoided a First Offense OUI conviction.
Category: BREATH TEST Client allegedly crossed double yellow line twice Client found not guilty of OUI first offense after jury trial. Police claim that client crossed the double yellow line twice and the fog line twice, smelled of alcohol, had bloodshot and glassy eyes and failed the Nine Step Walk and Turn and One Leg Stand. Result: Not guilty after jury trial.
Category: OUI ACCIDENTS Client admitted to having 5-6 beers. Client admitted to having 5-6 beers and was alleged to have failed three field sobriety tests. Attorney DelSignore cross examined the officer using his training manual to demonstrate that the officer did not correctly score the tests. Defendant found NOT GUILTY after jury trial and regained his license for breathalyzer refusal after judge approved a motion to reinstate his license.
Category: BREATH TEST 2011 Client involved in OUI Roadblock and Breathalyzer case Client stopped at a Massachusetts DUI Roadblock, alleged to have failed field sobriety tests, including the alphabet test and nine step walk and turn. Client submitted to breathalyzer test with a result of .15. Attorney DelSignore had a motion allowed excluding the test results and obtained a NOT GUILTY verdict after a Jury Trial.
Category: BREATH TEST Client allegedly struck a curb and crossed double yellow lines Not guilty after bench trial 1st Offense DUI charge, defendant alleged to have struck a curb, crossed the double yellow line and failed field sobriety tests.
Category: OUI ACCIDENTS Client faced bench trial for DUI first offense. Client found NOT GUILTY of DUI first offence after bench trial despite evidence that he failed the nine step walk and turn, one leg stand test and failed to correctly say the alphabet. Medical affidavit from client’s doctor helped to undermine the officer’s opinion regarding the reliability of the field sobriety tests.
Category: OUI ACCIDENTS Client alleged to have driven on wrong side of road. Attorney DelSignore obtained a dismissal of a First Offense OUI as the court granted his motion to dismiss as the police violated his client’s right to an independent medical examination. The judge dismissed the case after an evidentiary hearing. Client who blew a .14 on the breathalyzer and was alleged to have driven on the wrong side of the road, admitted to being a little drunk, had his DUI case dismissed, no license loss for DUI.
Category: BREATH TEST 2010 Client faced 3 year breathalyzer refusal license suspension Three year breathalyzer refusal license suspension vacated by the district court after Attorney DelSignore appeals the breathalyzer refusal suspension. In this case, the motorist had one prior OUI conviction and refused a breathalyzer test resulting in a three year suspension. Attorney DelSignore appeared at the RMV in Boston within 15 days of the arrest to appeal the suspension; the RMV affirmed as is typical. An appeal was brought in the district court and the district court judge ruled that the RMV abused its discretion in suspending the motorist’s license for breathalyzer refusal and the court vacated the three year refusal suspension.
Category: BREATH TEST State trooper alleges client was driving erratically OUI First offense not guilty verdict after bench trial where State Trooper alleges that the defendant was driving erratically, smelled of alcohol, had slurred speech, was unsteady on her feet and failed the alphabet test. Client avoided First Offense OUI conviction and loss of license for OUI and negligent operation of a motor vehicle.
Category: OUI ACCIDENTS Client faced bench trial for first offense OUI Client alleged to have failed field sobriety tests, including walk and turn and one leg stand, officer claimed to have smelled an odor of alcohol. Client found NOT GUILTY after a bench trial on OUI 1ST Offense.
Category: OUI ACCIDENTS Client charged with Fourth Offense OUI 4th Offense OUI, breathalyzer reading .14 suppressed, OUI NOT GUILTY after jury trial. Not guilty negligent operation. Client avoids 10 year loss of license and mandatory one year jail sentence.
Category: BREATH TEST Client faced 6 month license loss for refusing breath test OUI dismissed on day of trial following motion to dismiss. License reinstated as a result of Breathalyzer refusal, client avoids serving the full six month license loss for breathalyzer refusal.
Category: BREATH TEST 2009- Late 2008 Client charged with second offense OUI 2nd Offense OUI. Client alleged to have driven erratically, swerving all over the road and failed several field sobriety tests and had an open container in the car. After trial, client found NOT GUILTY of a Second Offense Massachusetts DUI.
Category: OUI ACCIDENTS Client found NOT GUILTY of a Second Offense Massachusetts OUI charge after a jury trial The Commonwealth presented the testimony of a civilian witness that the defendant drove erratically, police testified that the defendant failed field sobriety tests and that the defendant had bloodshot, glassy, eyes and slurred speech.
Category: OUI ACCIDENTS Client faces second offense OUI after driving erratically OUI, 2nd Offense, Negligent Operation of a Motor Vehicle, speeding, marked lanes violation. CASE DISMISSED.
Category: OUI ACCIDENTS Client faced negligent operation and first offense OUI 1st Offense OUI charge DISMISSED as Attorney DelSignore persuades prosecutor to allow the defendant to admit to negligent operation due to weaknesses in the Commonwealth’s case that may have resulted in the case being dismissed by the court.
Category: OUI ACCIDENTS Client faced second offense DUI in Attleboro District Court 2nd Offense DUI dismissed in Attleboro District Court as court granted motion to suppress excluding all evidence as the police officer lacked authority to arrest the defendant for OUI in Attleboro, Massachusetts. In this case, the police alleged that the defendant drove erratically into Massachusetts, claimed that the defendant admitted to drinking seven or eight beers and was uncooperative at the scene of the arrest. As a result of the court granting Attorney DelSignore’s motion to suppress after testimony from the officer, the 2nd Offense OUI charge was dismissed. Client avoided having to have the ignition interlock installed in his vehicle and a two year mandatory license loss.
Category: OUI ACCIDENTS