Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense Lawyers
OUI - DUI - DWI Attorneys Only
James Dunn, Esq.
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FRAMINGHAM CASES

TOLD COP 'I KNOW I SCREWED UP'
2ND OFFENSE - SPEEDING 94 MPH
NOT GUILTY
RENATO;  617.337.7121

Client was measured by LIDAR at 94 mph, didn't pull over quickly, failed 2 of 3 field sobriety tests then told trooper, "I know I screwed up." I stressed to jury that he passed the ABC test, had no slurred speech, and told the officer he had a bad back but was made to do the two balancing tests anyway. The officer said everybody on the jury could do the tests perfectly.  I saw 3 jurors look down and smile and asked, "How could you possibly know that for sure, officer?" He sheepishly answered, "Well, most of them probably could." Point taken. Not guilty in ten minutes.

'I'M GRATEFUL BEYOND WORDS.
JOE WAS MUCH BETTER THAN THE DA.'
 
NOT GUILTY: OUI
NOT GUILTY: CHILD ENDANGERMENT WHILE OUI
NOT GUILTY: OPEN CONTAINER IN VEHICLE
NOT GUILTY: LANES VIOLATION
K.K.;  978.467.5593

I had never been arrested before and this was a terrifying situation for me. The DA's office wouldn't reduce the charges despite my clean record so Joe recommended we go to trial. During the year it took, he left no stone unturned in my defense. At trial, he faced an obviously tough and experienced DA, but, boy, did Joe pull through in the clutch:

A GRAND SLAM
ACQUITTED OF ALL 4 CHARGES​
 
FAILED BREATH TEST; 2ND OFFENSE
NOT GUILTY AT TRIAL
MIKE:  781.475.8656
I was arrested for my 2nd offense. The arresting detective said I had very thick and slurred speech and was unsteady on my feet. Plus, I admitted drinking two gin and tonics and one 16 oz. beer shortly before driving. The booking sergeant testified I had red, glassy and bloodshot eyes and in his opinion I was under the influence of alcohol. I even admitted I felt the effects of the alcohol! I took the breath test at the station and failed it over limit. Joe won the case and avoided a two year loss of license and thousands of dollars in fines and fees.
'JOE WAS RESPONSIVE TO ALL MY QUESTIONS AND HAD A GREAT COURT ROOM PRESENCE.'
 
FELONY CONVICTION AND MANDATORY JAIL AVOIDED
DAVE;  860.833.5880

I was facing my third offense and a mandatory minimum six month jail sentence and felony conviction. At trial, Joe found  defects in the DA's paperwork and avoided both for me. He really knows his stuff.  I didn't even ask him many questions because I felt so comfortable with him every step of the way. It's perfectly OK for prospective clients to call me.

 
MANDATORY JAIL AVOIDED TWICE
JOE;  781-710-2515

'I first read about Attorney Waldbaum in a newspaper article. After I called, he reduced my 5 year refusal suspension to just 6 months. Then he talked the DA's office into reducing my 3rd offense to just a 2nd so I avoided a mandatory jail sentence. Then, years later, when I was caught driving after suspension for OUI, I was facing a mandatory minimum jail sentence again. That time he talked another DA in another Court into reducing that charge so I only paid a fine.'

'HE KNOWS ALL THE COURTS AND ALL THE PLAYERS
AND THEY ALL KNOW HIM.'
 
2ND OFFENSE DISMISSED;
SPEEDING DISMISSED; LICENSE ORDERED RESTORED
JOSEPH:  413-455-7775

I was caught driving 20 mph over the limit, admitted to a few drinks and was arrested for my 2nd offense.  I refused the breath test and lost my license for 3  years.  Once I read about all the people Atty. W. helped and called him, he immediately put me at ease. When the Trooper didn't show up for a pretrial Hearing, he had a Motion ready to dismiss my case and another to restore my license.  The judge agreed with both.

See judge's order restoring license.

'THERE IS NO OTHER CHOICE TO MAKE.
YOU SHOULD HAVE TOTAL CONFIDENCE IN HIM.'
     SEE DISMISSAL + ORDER RESTORING LICENSE    
 
ALL 3 CHARGES THROWN OUT:
2ND OFFENSE, OPEN CONTAINER OF ALCOHOL, LANES VIOLATION.
JAMES:  617-319-6114

The police officer followed me 1.5 miles at 45 mph only 2 car lengths behind then stopped me because I swerved over the fog line by a foot or so.  I told him I was nervous because he was so close behind me. He said my eyes were red and glassy, my speech slurred and I failed all the field tests so he arrested me for my 2nd offense. Joe brought a Motion to suppress the stop of my car and submitted cases to the Court supporting his argument. I never thought you could get DUI cases dismissed but the Judge concluded there was no cause for the stop. Joe then followed through to get my 3 year refusal suspension reversed and the DA filed this document dropping all charges:  

'AFTER THE MOTION TO SUPPRESS, THE COMMONWEALTH HAS INSUFFICIENT EVIDENCE TO PROCEED.'

   SEE DA'S DISMISSAL + ORDER RESTORING LICENSE   
 
ARRESTED FOR DWI: NOT GUILTY!
JOE SAID WE COULD WIN AND HE WAS RIGHT
MARY:  508 788 9492

I had an open container of beer in the car, was weaving in my lane, crossed the double solid center line and failed two of the three field sobriety tests. After writing me three extremely detailed reports about the case, Joe recommended we fight the charges. He walked me through the Trial process every step of the way and totally kept me from getting nervous.  I'm extremely happy with the way he handled everything.

"He wanted to win so badly,
he actually gave up an oral surgery appointment to do my Trial!"
 
"I'M JUST INSANELY GRATEFUL TO YOU.
YOU REALLY WERE A GREAT DUI ATTORNEY."
CYNTHIA:  781-244-5105

Many, many thanks for your support through it all.; I think had you not done the "Motion to suppress," things could have been quite different. I know that this Thanksgiving will be a better one once you got the DA to reduce my 3rd offense to avoid mandatory jail for me. Please let me know if you ever need a referral to someone who is looking for a great Massachusetts OUI Attorney (phone is fine).

Kindest regards, Cynthia

 
NOT GUILTY OF CHILD ENDANGERMENT
AND ALL OTHER CHARGES
K.K. 978-467-5593

OUI with a child 14 or under is child endangerment and carries a mandatory jail sentence if convicted. Ms. K. had never been arrested in her entire life and she had her 12-year-old son with her. Despite her otherwise unblemished record, the DA wouldn't drop the child endangerment forcing us to go to jury trial instead of negotiating a plea. We drew an experienced and tough DA but acquitted her of all charges.

Natick-Framingham District Court

 
FAILED BLOOD TEST
NOT GUILTY ALL 4 CHARGES
RUSS 781-502-5945

Russ crashed into the rear of a tractor-trailer. He was taken to the emergency room where his blood was taken. It measured well over the legal limit of .08. He also admitted he had been drinking. At trial, I kept the serum alcohol test out of evidence. I also argued that although the officer had recorded the contact info of the other driver, the DA did not bother to summons him. Accordingly, the court heard absolutely no evidence how the accident happened. We beat all four charges:

OUI-2ND: NOT GUILTY
 
NEGLIGENT OPERATION: NOT GUILTY
SPEEDING: NOT RESPONSIBLE
FOLLOWING TOO CLOSELY: NOT RESPONSIBLE

Framingham District Court


 
4 OUI ARRESTS
4 NOT GUILTY VERDICTS
BRIAN 508-485-7525

In my first arrest in 2000, Joe proved the police stopped my car illegally and the case was thrown out of court. 

In 2013 I was arrested again after an accident. But Joe proved it was not my fault and the jury found me not guilty. 

In 2016, I ran a red light but Joe discovered it was the cop's first OUI arrest ever and a judge found me not guilty.

 In 2018, I left the scene after a minor accident and the cop caught me in another town speeding. Joe won a not guilty on both the speeding and the OUI charges.

'I will speak to anyone who calls me to verify all these cases at 508-485-7525.'

Marlborough District Court
Natick-Framingham District Court
Concord District Court

 
94 MPH
NOT GUILTY OUI-2ND
RENATO 617-337-7121

I told the cop, "I know I screwed up" after I didn't pull over quickly and he had measured me with LIDAR going 94 mph. I failed 2 of the 3 field tests. I told him I had a bad back, but he made me do balancing tests. Joe stressed I had no slurred speech and passed the ABC test. Cop told the jury they could all do the balancing tests perfectly. After 3 jurors smiled and looked down, Joe asked him how he could possibly know that just by looking at people seated in a jury box. Cop then said sheepishly, "Well, most of them probably could." Joe's point was made. They acquitted me in just 10 minutes.

.Natick District Court at
Framingham District Court

 
NOT GUILTY
FAILED BREATH TEST
KELLY 617-827-1974

Other driver said client was "all over the road." Cops stopped her and noticed "strong" odor of alcohol, slurred speech, and glassy, bloodshot eyes. Then cop testified she failed all roadside tests. We immediately filed a motion to preserve all videos. At trial, we showed the dash cam video proving she had no trouble driving in her lane and pulled over safely. The video also showed that she quickly found and gave the cop her license and registration. Plus, she had no trouble getting out of the car and walked normally. The video also showed that the cop had her do the roadside tests barefoot in the gutter. Not guilty.

Natick-Framingham District Court

April 4, 2019

 
FAILED BREATH TEST
NOT GUILTY
FRANK 508-244-0919

60 year old client had two OUIs from 25 and 30 years ago but In MA they count forever so he was charged with a felony 3rd offense. When DA's office refused to reduce the charge we chose trial. We had to fight to get the booking video from the police. But at trial I argued his otherwise normal walking, speech and appearance on the video disputed the officer's testimony that he failed all the field tests.

'James and Joseph are absolutely awesome professionals. I love them both.'

Framingham District Court 2017

 
IN 15 MINUTES, JURY FINDS 2ND OFFENDER NEVER "OPERATED" CAR
My client's girlfriend had been driving the truck and got out after an argument, leaving it in the middle of the road. My client moved over to the driver's seat and promptly fell asleep. On cross examination, I made all 3 officers admit they never actually saw him drive. The Judge had read the police report and said the case was "not triable" due to my client's extreme intoxication. The jury didn't agree: they acquitted him after deliberating less than 15 minutes
 
.15 FAILED BREATH TEST CASE THROWN OUT
FOG LINE NO REASON FOR STOP

The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew an over limit.15 at the station, almost twice the legal limit. I advised my client how to fight a DUI: attack the legality of the stop of the car. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his decision.

Result:   ALL evidence -- field sobriety tests, breath test -- thrown out and case dismissed
 
5 BEERS IN 1 HOUR PLUS ACCIDENT: NOT GUILTY
My client had caused a bad accident pulling out of his driveway and then admitted to 5 beers in 1 hour. I pointed out to the Judge that he was obviously shaken from the crash, there were 4 emergency vehicles present all with their lights flashing and despite this his performance on 2 of the 3 field tests was still adequate. Result: Not guilty after trial.
 
PROBATION INSTEAD OF ONE YEAR MANDATORY JAIL SENTENCE

Under Melanie's Law, having been arrested twice in one month for OUI, my client was facing a minimum mandatory jail sentence of ONE FULL YEAR every day of which had to be served. I presented the DA with a "Motion with Exhibits" from the RMV showing his license was suspended not for the prior OUI but for the breath test refusal only.

Result: DA dropped the minimum mandatory charge on very next Court date
 
'YOU ARE A FANTASTIC LAWYER AND AN EVEN BETTER PERSON'

I would be honored if you would use my words on your website. I truly meant what I said. You are a fantastic lawyer and an even better person. You may also use the phone number I gave you. Once again, thank you for everything.

Sincerely,

Dave, 508.473.3085

 
'JOE DOMINATED THE COURT ROOM AND WALKED ALL OVER THE D.A.'

I was ready to take the First Offender Deal but after speaking with Joe I was convinced he could win my case. He provided me with valuable advice without ever pushing his opinions on me and scheduled a trial just 6 weeks after my arrest on a date he knew the judge on duty to be the most lenient. When two police officers came instead of one, he quickly reacted with a Motion to Sequester so they couldn't speak and tell each other what they said in the Court room.

I was found Not Guilty and had my license reinstated the same afternoon.

Then he followed through and made sure I had all the documents and direction I needed. I recommend him without hesitation. It is so nice to be able to drive again.

 
RESPECTED BY ALL IN COURT ROOM- MUCH APPRECIATED SENSE OF HUMOR

"If you're reading this, chances are you need a great attorney during a hard time -- Joseph is that and more. He's knowledgeable, efficient, extremely responsive and a kind/honest person. I called him on Sunday afternoon and he was there to represent me on Monday less than 24 hours later. For over 6 months, he was there for me on many occasions including going out of his way to obtain police videos and was always so prepared in court. During very stressful times, his presence (which sometimes even included a much appreciated sense of humor) put me at ease. He explained things every step of the way. He's clearly respected by everyone in the courtroom (Judges, DA's etc). C.K., Lynn, MA

Joe avoided the mandatory jail sentence for my 3rd offense.
I truly recommend him for his expertise and character."
 
NOT GUILTY LESS THAN 2 MONTHS AFTER ARREST
"After being arrested for OUI and speeding, I wanted to fight it and ran an Internet search to find lawyers that specialize. I interviewed several but none of them seemed as confident as Joe. He got me to Trial in less than two months, which was unheard of by any other lawyer I spoke with. I was found Not Guilty allowing my license to be restored immediately. Because of Joe, I was able to put this situation behind me quickly."
 

Judge to Attorney W. after a not guilty on a 2nd offense with a failed breath test:

"You did a great job. You’re always right on top of things. I even show your Memoranda to other attorneys and ask them "Why don't you do it like that?'"