Massachusetts DUI Victories  Print this page

Under the new Massachusetts OUI laws, an OUI can now follow you the rest of your life. Due to these increasingly complex laws, DUI defense has become a specialty. You need a lawyer who knows the Massachusetts laws inside out. My case results include:

With a lengthy record, this 2nd offender motorcyclist was likely facing 180 days in jail plus a 2 year license loss. The officer made him walk an "imaginary line" without stepping off. At trial, I asked the officer, "Exactly how wide was that imaginary line?" As he stammered to answer, the jury got the point. They found my client not guilty in 15 minutes.

Clocked by radar tailgating at 91 mph. my client blew a .16 and an .18. With 5 infractions already on his license, if responsible on all 5 of the new charges, he would have triggered an additional 60 day suspension for which no work license is available and lost his job. I negotiated a plea deal where 4 charges were dropped outright. Result, the additional 60 day suspension was not triggered; he got a work license and kept his job.

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 a .15 at the station, almost twice the legal limit. 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 Opinion. Result: all evidence after the stop of the car (field tests, breath tests) thrown out and case dismissed

An international oil trader had been driving 88 mph in a 45 mph zone and failed four roadside field sobriety tests. I prepared a chart for trial, met with the Judge in his chambers and made our case. Result: we waived the jury and obtained a not guilty.

Retaining me on the last day of his temporary license, I decided to attack my client's looming 90-day Registry suspension for Breathalyzer failure. I had the Police fax me 21 pages of documents which I scrutinized over the weekend, discovering the test machine's calibration was wrong. We went back to Court immediately and the DA didn't even try to oppose my Motion. The Judge signed a Court Order restoring his license that same day.

My client stood to lose her nursing license if convicted. She had passed a cop car on the right and didn't see the 'no left turn' sign. Then she admitted to 3 drinks and failed three of the four sobriety tests. I photographed and videoed the scene to show the Judge the sign was tilted over and not visible. Then I stressed the lateness of the hour (1:30 AM) and her good performance on the 'one leg stand' test. Result: Not Guilty

My client faced a 3 year license loss. Under the new law, anyone with a prior OUI over 10 years old may be treated as a 1st offender again once in a lifetime. Although his record revealed 3 prior OUIs, I submitted a multi-page Memorandum to the Judge stressing how he stood to lose the 1-man plumbing business he had operated his entire adult life. After a 20 minute argument, I convinced the Judge that 2 of the prior OUIs should not count against him. RESULT: The Judge treated him as a 1st offender, making him eligible for an immediate work license.

When the cop didn't show on the Motions date, I argued to the Judge he had an obligation to the Court itself and didn't fulfill it. The Judge agreed and dismissed the charges. Then I handed him an Order to sign restoring my client's license despite the 3 year loss from the RMV for refusing the Breath test. He signed that too and my client's license was restored the same day.

A single mom went racing out of a night club parking lot and almost hit a police car. After being pulled over, she repeatedly tells the officer she had four drinks. At trial, we admitted her medical records showing a back condition explained the unsteadiness on her feet and difficulty exiting the car. Result: Not Guilty after trial

Plus, she was found 'not responsible' on the charge of "Failure to Yield at an Intersection" after I presented the Judge with a Supreme Judicial Court case deciding an intersection is the crossing of 2 streets (not a parking lot and a street).

When an Immigration lawyer was arrested for the first time in his life and unjustly charged with OUI, I achieved a not guilty after a two-day trial despite damaging testimony from not one - but TWO police officers - one of them a Sergeant.

He was charged with OUI; Reckless Driving; Speeding (20 mph over limit); Alcohol Container in Vehicle and 2 additional moving violations. Despite a criminal record, I arranged a deal where 4 of the charges were dropped outright on the first Court date, allowing him to get a work license 3 days later.

His driving record was so bad that if he was found responsible of even 1 additional charge he would have had no chance for a work license.

At the station, when advised of his Miranda Rights, my client simply said, "I don't wish to make a statement." Then the officer asked him a series of questions in their OUI computer form including, "Where were you coming from?" and "How much did you have to drink tonight?" The officer and DA claimed they were "routine booking questions" they always ask. The Judge said on the bench he was "aghast" at the practice, suppressed my client's answers and instructed the police to discontinue such practices.

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.

My client hit 4 parked cars and left the scene. When caught, she admitted she was drunk. Also charged marijuana and cocaine possession, each carried an additional one year license loss. I prepared a Memorandum informing the Judge she was a student with a 3.0 GPA and worked as a waitress to go to school.
Result: CWOFs on all 7 charges and a Work License 3 days later

Mass. Police have received all new computerized Breathalyzers and each operator must use a "swipe" card identifying them. My client's arresting officer forgot his card and used another officer's, then wrote his name in by hand on the computer printout. I submitted a Motion to Dismiss. Result: the DA dropped the OUI charges on the very next Court date.

A 2nd offender was stopped for going 71 mph in a 45 zone and straddling the fog line. After failing 2 sobriety tests and admitting to 4 drinks, he made the above statement to the cop at the station after being arrested.

I got the cop to admit on the stand he waited in that area nightly because "he caught a lot of speeders on that stretch." Then I demonstrated the 2 sobriety tests in front of the jury, pointed out they were done at 1 AM on the fog line of a highway with CARS SPEEDING BY just 2-3 feet away.

(If convicted, my client would have lost his license for 2 years and his dream job as a cameraman at a top TV news station.)

A Nurse ran a red light, narrowly missed hitting the cop in the intersection by "inches" then fled instead of stopping. After registering a .19 on the Breathalyzer, they "threw the book" at her, hitting her with six different charges. I prepared a Memorandum for the Judge, met with the DA, stressed her otherwise completely clean record and convinced them both to dismiss five of the six charges on the very first Court date.

My client's Breathalyzer was three times the legal limit. Although his prior offense was just over the ten year "lookback" period, I convinced the Judge to give him a chance to be treated as a first offender. Result: rather than a full 2 year license loss, he got a work license and kept his job.

A client faced an operating under the influence of drugs charge, second offense. I found the one and only Massachusetts case correctly addressing the crucial, complex pharmacological issue. When I presented it to the Judge, the case was thrown out of Court.

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.

The 2 cops waving at my client with flashlights had to jump out of his way. Then he fled the scene and registered a .22 on the breathalyzer. Instead of losing his license for 5 years, I negotiated a deal where 2 charges were dropped outright, he received CWOFs on all other criminal charges and he lost his license for only 45 days (during which time he had a work license!).

Westborough Police radioed that my client was driving into Marlborough possibly intoxicated. A Marlborough cop received the call, followed my client's car 1/4 mile, then stopped and arrested him. At my Motion to Suppress, I cross examined the officer who admitted my client had not committed a single traffic infraction, had signaled a turn properly and shown no evidence of erratic driving whatever. The (prosecution oriented) Judge suppressed the entire motor vehicle stop and all evidence obtained thereafter including three field sobriety tests, observations of the officer and all statements my client made — in other words: their entire case. The charges were completely dismissed on the day of trial.

My 18 year old client was charged with possession of an open container of alcohol and pot on the passenger side of her car under her boyfriend's seat. I went sidebar with the Judge at arraignment and detailed her bad choice in boyfriends. The Judge agreed with me saying he'd recently sent her boyfriend to jail. He dismissed both criminal charges, saving her a 15 month license loss and a criminal record.

Despite being 4 times the legal limit less than two years after her previous arrest for OUI, I negotiated a deal where not even a suspended jail sentence was imposed and 3 of the 4 charges against her were dropped on the very first Court date.

The Police took my client's license after the arrest and incorrectly denied him his 15 day temporary one. I called the Police Prosecutor, pointed out the error and faxed over the relevant statutes. Result: the Police immediately wrote my client a letter stating they would return his license and admitting the error.

The DA told the Judge my client deserved a 6 month jail sentence followed by a 2 week in-patient hospital stay. I had obtained a copy of my client's RMV driving record and showed it to the Judge in open Court, stressing she had no moving violations for over 10 years. Plus, I provided him a copy of a recent SJC decision directly on point.

After a recess, he handed my client's driving record to the DA, said it was "near spotless," that he had read the case I gave him and agreed with me.

Result: he treated her as a first offender = no jail time, no hospital stay.

My client was charged with OUI-Liquor, OUI-Drugs, possession of cocaine, possession of marijuana, failure to stop at a stop sign and a marked lanes violation. He registered twice the legal limit on the breath test and then admitted to the officers that he had used the cocaine right before driving. I managed to negotiate a deal where 3 of the 6 charges were dropped outright, including OUI-Drugs, only the minimum 45 day loss of license was imposed and he was able to get a work license, thus avoiding a 2 year loss of license

My client and 12 y.o.daughter went to the Police to report a restraining order violation. The cops refused to take a report and insisted she perform 5 field sobriety tests in front of her daughter. I moved for an immediate trial 3 weeks later and told the Judge to imagine the pressure a mother is under when forced to do such tests in full view of her children. I also produced the dinner receipt showing she had only 2 drinks 6 hours earlier, and medical reports showing she suffered from GERD [explaining the 'moderate' odor of alcohol]
Result: Not Guilty and license restored that day.

My client blew a .15 after a bad accident. As a 3rd offender, he faced a MANDATORY MINIMUM 6 MONTHS JAIL SENTENCE and an 8 year loss of license. I stressed to the DA that his 2 priors were from out of state and the Commonwealth would have a difficult tie proving my client was the same man convicted there. The DA immediately agreed with me and reduced the charge.
Result: No jail time and eligibility for a work license in 6 months

My client was clocked speeding at 70+ mph in a 35 mph zone. The Police Report noted a "strong odor" of alcohol and "severely" bloodshot and glassy eyes. Then he admitted to drinking beers only 30 minutes previously and failed 2 of the 3 field tests. Plus, at Trial, the Lieutenant who booked him testified and said he also thought my client was OUI. I argued to the Judge that his good performance on one of the tests and the lateness of the hour (2:30 AM) created reasonable doubt. The Judge agreed: Not Guilty

My client suffered from COPD (Chronic Obstructive Pulmonary Disease). Though she tried to take the breath test 5 times, police mercilessly accused of 'blowing out of the side of the tube.' I had her doctor compose a letter describing her condition and giving his opinion she could not perform such a strenuous test. Result: as soon as the Registry Hearing Officer saw my Memorandum she immediately restored my client's license and waived any fees.

My client needed a "Hardship License" for work and had tried, unsuccessfully, to obtain one by representing himself first before the Registry and then the Board of Appeals. After he retained me, I organized all the required documents into one easy-to-read Memorandum addressing sequentially each of the nine points I know the Registry will scrutinize. When the Hearing Officer saw it, he said, "If everyone did this, it would make my job much easier." He then granted my client's work license.

An out of state resident volunteered to take the Breathalyzer but, due to her asthma, could not produce enough air to get a reading. The police called it a refusal, resulting in a 180 day suspension in Mass. (and an even longer one in her home state). I asked her doctor to write a letter, presented it with my 10-page petition to the RMV and, after a 30 second Hearing, her right to drive was reinstated.

In a case originally tried by another attorney, I prepared an appellate brief. I argued that my client was denied an otherwise substantial available ground of defense when the trial attorney failed to object to hearsay evidence concerning the operation of the car. The conviction was reversed on my brief alone.

25 YEAR SENTENCE OVERTURNED

In a federal drug case involving seventeen defendants and twenty one days of trial, my client had received a 25 year sentence as a 'kingpin'. Representing him on appeal, we argued that the Spanish transcripts of tapped telephone conversations had never been translated into English and were thus unreviewable by the English language appellate Courts. Result: 25 year sentence vacated.