DUI Case Results

Fall River District Court: 1^st Offense arrest by the Westport Police not guilty after two car accident In this case, our client was arrested for OUI after causing an accident. In the case, our client acknowledged being at fault for the accident and remained at the scene. Medicals records were presented to show that the officer's opinion that the defendant was impaired could have been caused by the fact that he hit his head in the accident. After trial, the defendant was found not guilty as reasonable doubt was established by showing that there were two equally likely explanations for the officer's observations. While the officer could have been right that the defendant drank too much, the standard of proof beyond a reasonable doubt requires the Commonwealth to prove more than something is possible, plausible or even likely, but to establish the charge to an abiding conviction to a near moral certitude. Since that standard could not be met based on the evidence Attorney DelSignore presented, our client was found not guilty.

Wrentham District Court: 1^st offense not guilty after one car accident in Walpole In this case, our client was involved in a one car accident where he hit a pole. The officer assumed that the accident was caused by alcohol; however, there was evidence at trial that our client looked down at his phone for directions. While looking at your phone and being in an accident might be caused by alcohol, it is also very common for accidents to be caused by being distracted by a phone when no alcohol is involved. After Attorney DelSignore cross examined the officer he presented evidence inconsistent with impairment. Our client was found not guilty after trial. Although an accident is some evidence of impairment, the Commonwealth has a heavy burden to prove a criminal charge beyond a reasonable doubt. Attorney DelSignore's cross examination established facts that were inconsistent with impairment and created a reasonable doubt, supporting a not guilty verdict.

Stoughton District Court: 1^st offense OUI not guilty after an arrest by the State Police In this case, our client was arrested for OUI after being stopped for speeding by the State police near Canton, Massachusetts. At trial, the officer claimed that the defendant had slurred speech, was unsteady on his feet and failed field sobriety tests. At trial, the cruiser video showed that the defendant's speech did not sound slurred. Given there was no accident, call for the public or serious erratic driving, this was going to be a difficult case for the Commonwealth to prove in the face of Attorney DelSignore cross examination and strong defense in the case. After trial, the defendant was found not guilty. This was critical as the defendant had a Rhode Island license which would have resulted in an additional suspension beyond the typical 45 day suspension in Massachusetts.

Ayer District Court: 1^st Offense OUI complaint denied at Clerk Magistrate hearing In this case, our client was given a citation for OUI and requested a clerk hearing after being brought to the hospital. This is a chance to prevent the complaint from issuing. With Clerk magistrate hearings, Attorney DelSignore's strategy for having the client do alcohol treatment has been very successful in having a number of clients avoid OUI charges. In this case, the combination of our client's proactive efforts and arguments by Attorney DelSignore to the clerk prevented the criminal complaint for OUI from being issued, meaning there was no entry on the client's criminal record for OUI.

Falmouth District Court: OUI 1^st offense arrest by the State Police Borne Barracks. Attorney DelSignore persuades the clerk not to issue the complaint on an OUI charge, resulting in the client only being charged with negligent operation of a motor vehicle.

Wareham District Court: OUI 1^st offense arrest by the State police dismissed under the Brave Act. Helping those who served our country is one of the most rewarding things we do at DelSignore Law. In this case, based on the Brave Act and our client's outstanding service to the country and his very act treatment from the date of the arrest, our client had his case diverted under the Brave Act, avoiding an OUI conviction.

Wrentham District Court: OUI 1^st offense arrest from Foxboro Police Department not guilty after Jury Trial. In this case, our client was arrested for OUI by the Foxboro Police Department after being involved in a one car-accident. At trial, the defendant testified to explain to the jury the circumstances surrounding the accident and his belief that he was not impaired but distracted, causing the accident. The defendant testified that the accident was caused when he reached for his cell phone when his wife called. While the officers testified that the defendant failed field sobriety tests, Attorney DelSignore was able to show that the tests did not indicate impairment. After trial, the defendant was found not guilty of OUI.

Framingham District Court: OUI 1^st Offense not guilty after trial after an arrest by the Hopkinton Police Department. In this case, our client was arrested for OUI after an accident. There was evidence of substantial rain on the night of the accident. Attorney DelSignore was able to argue that it was the poor weather and not any alleged consumption of alcohol that my have caused the accident. Further, the defendant's performance on the field sobriety tests was impacted by the weather and difficult conditions under which they were performed. After trial, our client who is a mom and professional was found not guilty of OUI.

Waltham District Court: 1^st Offense OUI not guilty after an arrest by the State Police Weston Barracks. In this case, our client was alleged to have driven erratically and failed field sobriety tests while admitting to having two glasses of wine. At trial, Attorney DelSignore was able to minimize the observations of the officer, discredit his claim that his observation reflected impairment. After trial, our client who was a business owner was found not guilty of OUI.

Quincy District Court: OUI second offense dismissed on Defect in the citation In this case, our client was charged with a second offense OUI by the State Police Milton Barracks. The client was taken to the hospital and not arrested. In this type of case, the client is suppose to get a citation immediately otherwise there is a strong legal defense that can result in the case getting dismissed. Here, the police officer did not provide the defendant with a citation immediately. Attorney DelSignore filed a motion to dismiss which was allowed resulting in the dismissal of the case. The client avoided a potential two year license loss.

Dedham District Court: Second Offense OUI not guilty after trial In this case, our client was arrested and charged with OUI by the Norwood Police Department. The client was alleged to have committed numerous marked lane and traffic infractions, including the very common statement by officers that the defendant "almost hit the guardrail. Almost doing something is very common phrase in police reports. In this case, an almost hitting the guardrail would have meant that the client did hit the curb. A photograph of this showed that it could not have been that close otherwise the defendant would have hit the curb. The officers also claimed to have smelled alcohol and observed slurred speech and bloodshot and glassy eyes. The Commonwealth called two witnesses and Attorney DelSignore was able to create inconsistencies in the testimony which he argued should create a reasonable doubt. After trial, the defendant was found not guilty.

Dudley District Court: OUI second Offense conviction vacated after motion for new trial In this case, out client admitted to an OUI trial when he was represented by another lawyer; Attorney DelSignore was able to get this plea vacated by filing a motion for new trial based on problems with the breath test in the case. The client's current charge of OUI 3rd offense was then dropped to a second offense. This is a great outcome for someone who has prior OUI convictions and is charged with a Third or Fourth OUI offense.

Fall River District Court: Westport OUI arrest not guilty after trial In this case, our client was charged with a first offense OUI after being stopped for speeding by the Westport police department. The client was alleged to have admitted to consuming a high number of drinks, failed the field sobriety tests, while exhibiting slurred speech. The client took a breath test which was .07; these cases still have to go to trial as the Commonwealth can proceed under an impairment theory; however, these cases are generally very winnable cases and in this case our client was found not guilty of OUI after trial.

Marlboro District Court: 1^st Offense OUI arrest by Massachusetts State Police Leominister Barracks not guilty after trial despite open alcohol found in the car. In this case, our client was arrested and charged with OUI by the Massachusetts State police. The officer alleged that the client failed two field sobriety tests and that the defendant was under the influence as a result of open cans of alcohol found in the car. At trial, Attorney DelSignore pointed out that the client's driving did not reflect impairment and that the field tests when viewed objectively did not show any significant sign of impairment. The officer claimed that my client failed the field sobriety tests but during cross examination, acknowledged many things the client did well that was inconsistent with impairment. After trial, the client was found not guilty of OUI.