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*****The following cases are examples of some of my wins. The cases that read DISMISSED are real Dismissals, not Continued Without a Finding cases that stay on your record forever and count as a first offense for THE REST OF YOUR LIFE. These case also include multiple offenses up to FIFTH offenses!!! Cases that were charged as third offenses or more (felonies) but were reduced to misdemeanors with NO JAIL TIME are not listed but are considered WINS. March 2012Concord District Court – An officer observed the client go through a stop sign and turn right at a high rate of speed. The police put on the blue lights and the client did not stop. The officer testified the client had red glassy eyes, slurred speech and smelled of alcohol. The officer testified that the client failed the walk and turn test and the alphabet test. – NOT GUILTY Ayer District Court – The police responded to a report of an erratic operator. The police found the car and observed it cross the fog line. The officer testified that the client had glossy eyes, smelled strongly of alcohol and admitted to drinking a couple beers. When the officer asked him to exit the car, the client was unsteady on his feet and needed to use his car to keep his balance. After being placed under arrest for OUI, a second officer searched the client’s car and found a half-full bottle of Jamison whiskey. At the station, the client was uncooperative, refusing to sign any paperwork or give any personal information. The booking sergeant testified that the client could not walk straight in the station. This was contradicted by the station video. – NOT GUILTY Plymouth District Court – OUI DRUGS and OUI ALCOHOL The officer observed the client just after midnight driving without headlights. After stopping the car and while walking towards the vehicle, the officer stated he could smell freshly burnt marijuana. The officer then saw smoke coming out the driver’s side window. The client admitted to the officer that he was smoking marijuana while driving and that he threw it in the backseat when he saw the officer. The client then admitted he had been drinking. The officer testified that the client’s speech was slow and slightly slurred and his eyes were extremely red and bloodshot. The officer went to the backseat where the client indicated he had thrown the marijuana and recovered a glass pipe, still hot to the touch, and a bag containing a green leafy substance. When the officer showed the pipe and bag to the client, the client confirmed that the officer was holding the marijuana he had just been smoking. – NOT GUILTY ON BOTH CHARGES February 2012Dedham District Court – An officer observed the client speeding, crossing the double yellow line, striking and dragging a pedestrian sign under the vehicle, swerving to avoid hitting the officers’ police cruiser and running a red light. The police put on the blue lights and the client did not stop. When he eventually stopped, the officers noticed slurred speech and that he smelled of alcohol. The client refused to get out of the car, he was dragged from the car by the police and had to be helped to his feet. Two officers testified he was unsteady and fell over. The booking video contradicted the officers’ testimony. – NOT GUILTY Hingham District Court – A Sergeant responded to a dispatch regarding a vehicle leaving the scene of an accident. The client was stopped approximately one mile from the accident after driving on the sidewalk and running over two bushes at a high rate of speed. Two children under the age of 14 were in the vehicle. The Sergeant smelled alcohol coming from the vehicle and when asked, the client admitted drinking. The Sergeant stated the client was hysterical, crying and mumbling, with slurred and almost incoherent speech. – NOT GUILTY January 2012West Roxbury District Court – The client was involved in an accident on a dark, rainy night when he swerved to avoid a vehicle that stopped short. A trooper responded, spoke to the client and smelled alcohol on his breath, noted his eyes were bloodshot, his speech was slurred and he was unsteady on his feet. He formed the opinion he was drunk and arrested him. The officer smelled alcohol on his breath and wrote his eyes were bloodshot, his speech was slurred and he was unsteady on his feet. He formed the opinion he war drunk and arrested him - JURY RETURNED A VERDICT OF NOT GUILTY IN 5 MINUTES Hingham District Court – The client was charged with MOTOR VEHICLE HOMICIDE BY NEGLIGENT OPERATION. The police responded to an accident where the client took a left turn in front of a motorcycle. The operator of the motor cycle died shortly after the collision. The defense investigation revealed that the motor cycle operator was operating on a learner’s permit on a recently purchased bike, his blood revealed that he was drinking and getting high prior to the accident. Our accident reconstructionist determined that he was also speeding and had braked only with his rear brake which likely caused him to lose control. During the trial the prosecution agreed to drop the part of the charges that indicated that our client’s negligence caused the man’ death. - HOMICIDE DISMISSED Plymouth District Court – The police responded to the scene of an accident where a car had struck a pole. The client was found 00 yards down the street walking away from the area of the crash. He was brought back to the scene. The client denied driving and told the officer that somebody from the bar drove because he was drunk and the driver left. The car was registered to the client and there were one set of footprints in the snow starting by the driver’s door and leading to the road.– NOT GUILTY October 2011Plymouth District Court – The officer responded to the report of an incident regarding an intoxicated male leaving a liquor store. Upon arrival, someone reported that the client had struck her car. The client told the officer that he had drank a few beers earlier and was at the store to buy more. The officer smelled alcohol on his breath and wrote his eyes were bloodshot, his speech was slurred and he was unsteady on his feet. According to the officer the client stumbled and almost fell when he got out of the car. The client failed the alphabet, one leg stand and walk and turn tests. .18 BREATH TEST -CASE DISMISSED Dorchester District Court - The client was stopped for going 82mph in a 55mph zone. The client did not stop immediately and eventually pulled over. He smelled strongly of alcohol and had slurred speech. He admitted to drinking at a restaurant in Boston after work. He was unsteady as he got out of his car and stumbled while walking. He failed the one leg stand and Walk and Turn test. – .16 BREATH TEST -CASE DISMISSED Somerville District Court - The police responded to an accident scene where a car had struck a house. The client smelled of alcohol, had slurred speech, bloodshot eyes and a red face. He failed the one leg stand and Walk and Turn test. - CASE DISMISSED East Brookfield District Court - The client was stopped for continually drifting in and out of the oncoming, travel and breakdown lanes . The client smelled strongly of alcohol had bloodshot, glossy eyes and had slightly slurred speech. The client admitted to drinking at a wedding. The client failed the alphabet, one leg stand and Walk and Turn test. – .11 BREATH TEST EXCLUDED –NOT GUILTY September 2011Plymouth District Court – The police responded to the scene of a car rolled over. Client was standing by the car in the snow. The trooper asked the client to walk to the pavement and the trooper noticed he was unsteady, smelled of alcohol and had bloodshot and glassy eyes. The client was transported to the hospital. - .21 BLOOD TEST– NOT GUILTY July 2011Falmouth District Court – The officer testified that he observed the client’s car cross over the double yellow lines on two occasions. The officer indicated that the client produced his license and the trooper indicated his the client’s eyes were extremely glassy, his speech was very slurred and he smelled of alcohol. He passed the alphabet but according to the officer he failed the walk and turn and the one leg stand tests. The officers found 7 empty nips and an empty half pint bottle in the car. He took a breath test with a result of .12. - Jury returned a verdict of NOT GUILTY IN 20 MINUTES WITH A BREATH TEST OF .12. Plymouth District Court – The officer testified that the client went through a stop sign and made a wide right turn. The report indicated the roads were icy but the client never skidded on the ice. The client was approached by the officer who smelled a strong odor of alcohol on his breath. According to the officer the client stumbled and almost fell when he got out of the car. The client passed the alphabet b ut failed the counting backwards, one leg stand and walk and turn tests. The videotape did not support the offer’s observations of the client. – NOT GUILTY May 2011Hingham District Court - The police responded to an accident call to find a number of people gathered around 2 cars. One person identified himself as the driver and was arrested for drunk driving. A witness then stated that another person was driving. The first person was un-arrested and the other person was then arrested for drunk driving after the officer concluded he was drunk. On the trial date the witness could not identify the accused as the operator. – CASE DISMISSED Framingham District Court – The client was parked in a town park after regular hours. He was seen walking away from the driver’s side and then urinating outside his car. He was approached by the officer who smelled alcohol and testified he was unsteady on his feet and had very slurred speech. He admitted to 5 beers at the Kenny Chesney concert. According to the officer the client failed the alphabet, one leg stand and counting backwards tests. The audio and video tapes did not support the offer’s observations of the client. - .16 breath test excluded – NOT GUILTY Plymouth District Court – The client observed pulling in front of the officer and turning wide into the oncoming lane of travel. The officer testified that he was weaving in his lane of travel and crossing the double yellow line in the middle of the road. He was approached by the officer who smelled alcohol on his breath and testified he had bloodshot and glassy eyes and his speech was thick. According to the officer the client failed the alphabet, one leg stand and walk and turn tests. The videotape did not support the offer’s observations of the client. - .25 breath test excluded – NOT GUILTY April 2011Marlboro District Court – The client was stopped at a sobriety checkpoint (roadblock). The trooper testified that he did not stop his car where the trooper instructed him to. The trooper testified that the client had glassy eyes, and smelled of alcohol but produced his license and walked to the front of the car without difficulty. According to the trooper the client did not do the alphabet, counting backwards or heel to toe teat properly - NOT GUILTY Westboro District Court - The police officer stopped the client for speeding. The client was found at his house and was bleeding from a head wound. The client admitted to 4 drinks and smelled of alcohol. The client, according to the officer, failed the alphabet test and passed the one leg stand and the walk and turn test.- BREATH TEST .09 - NOT GUILTY New Bedford District Court - The client was stopped for going 85 in a 65 zone and for drifting into the breakdown lane. He admitted drinking and the officer testified the client had glassy, red eyes, extremely slurred speech and smelled strongly of alcohol. The client produced his license and registration without any difficulty. As he exited the car he was unsteady and stumbled to the rear of the car. she held onto the door. He failed, according to the trooper, the alphabet test, one leg stand and the 9 step walk and turn test. – NOT GUILTY March 2011Wrentham District Court - The police responded to an accident call to find the client had struck a fire hydrant. The hydrant was partially in the road. The officer noticed a strong odor of alcohol, bloodshot and glassy eyes and that the client was swaying. The client told one officer he had 2 beers and another officer he had 2 gin and tonics. The client, according to the officer, passed the alphabet and failed the one leg stand and the walk and turn test. – NOT GUILTY Waltham District Court – The police responded to a call for a man asleep in his car at a green light.. The officer testified he was difficult to awaken and the client had red, glassy eyes, and smelled strongly of alcohol. The client produced his license and registration without difficulty, admitted drinking and was told to get out of the car. He was unsteady as he got out of the car. He failed the one leg stand and the 9 step walk and turn test. A video at the station did not confirm the officer’s observations – NOT GUILTY Plymouth District Court – Client was asleep in his car in the parking lot of a closed school. He was approached by the officer who asked him for his license and registration. He was ordered out of the car when the officer noticed the client had bloodshot eyes and smelled of alcohol. He failed the one leg stand and the 9 step walk and turn test.– NOT GUILTY Newburyport District Court - The client was stopped based upon a civilian’s call to the police that the client was all over the road. She denied drinking and the officer testified the client had glassy, bloodshot eyes, slurred speech and smelled of alcohol. The client produced his license, but had difficulty locating the correct window and locked and unlocked the door. As she exited she held onto the door. She passed the alphabet test and failed the one leg stand and the 9 step walk and turn test. – NOT GUILTY January 2011Dorchester District Court - The client cut in front of the trooper's car and responded slowly to the troopers blue lights. The client was slow to retrieve his documents the trooper was having a difficult time understanding the client. He smelled strongly of alcohol and had slurred speech. He admitted to drinking at a restaurant in Boston. He was unsteady as he got out of his car. He admitted to having about 5 beers. He failed the alphabet, one leg stand and Walk and Turn test. - CASE DISMISSED Concord District Court - The police stopped the client for speeding. She was going 101 mph in a 55 mph zone. She pulled the vehicle over partially in the travel lane and the trooper used his PA system to tell her to pull into the breakdown lane. The trooper testified she fumbled for her license and held on to the truck as she walked to the front. The officer testified the client was slurring her words, had bloodshot and glassy eyes, swayed back and forth and smelled of alcohol. She admitted to drinking wine. According to the trooper she failed the alphabet, one leg stand and Walk and Turn test - BREATH TEST .10 - NOT GUILTY Dedham District Court - The police responded to a domestic call where the wife told the officer client was drunk and drove away. The wife testified that he was drunk and slurring his words and drove off. The officer saw the car on the street and motioned him over. The officer testified the client had bloodshot and glassy eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He passed the alphabet and counting test and failed the one leg stand and the 9 step walk and turn but the court reviewed medical records that supported the client's inability to do the physical tests due to a leg condition. - NOT GUILTY Westboro District Court - The police responded to the report of an injured party as a result of a car versus tree collision. The client was found at his house and was bleeding from a head wound. He admitted drinking vodka prior to the accident. He was not arrested and taken to the hospital. The officer went to the hospital and the client admitted being drunk.- NOT GUILTY December 2010Plymouth District Court - The police officer was dispatched to the report of a motor vehicle accident. The client was observed by a civilian witness to have hit two parked cars. When the police officer spoke to the client he found her to have an odor of alcohol coming from her breath, red and glassy eyes and slurred speech. - NOT GUILTY Quincy District Court - The client was stopped at a roadblock and there was no erratic operation. The officer testified he had red glassy eyes, slightly slurred speech and smelled of alcohol. He told the officer he had a few beers earlier. The officer indicated he passed the one leg stand and failed the walk and turn test. - NOT GUILTY November 2010Wrentham District Court - The client was stopped for speeding. The officer noticed an odor of alcohol, bloodshot and glassy eyes and slurred speech. The client told the officer he had 8 - 10 beers over the course of the day while attending then Patriots game. The client, according to the officer, failed the alphabet, one leg stand and the walk and turn test. - CASE DISMISSED Attleboro District Court - The police found the client parked on the side of the road. The officer wrote he had red eyes, slurred speech and smelled of alcohol. The officer asked him to get out of the car and according to the officer he stumbled as he exited. The officer wrote that he that he did not successfully complete the one leg stand, Finger to nose and Walk and Turn test. -CASE DISMISSED Hingham District Court - The officer stopped the client for driving without headlights. The officer that the client had thick and slurred speech, smelled strongly of alcohol and had bloodshot and glassy eyes. The officer testified that she did not successfully complete the Walk and Turn test or the alphabet test. The client admitted to 4 beers - NOT GUILTY Plymouth District Court - The client was stopped speeding. When the police officer spoke to the client he found him to have a strong odor of alcohol coming from his breath, bloodshot and glassy eyes and his speech was slurred. He was asked to get out of the car. The officer indicated he was unsteady on his feet. He passed the alphabet and failed the counting backwards test, the one leg stand and the walk and turn. - NOT GUILTY October 2010Plymouth District Court - The client was stopped for Making a wide turn and crossing the center line. When she stopped she pulled up onto the curb. When the police officer spoke to the client he found her to have a strong odor of alcohol coming from her, red, watery eyes and her speech was extremely slurred. She admitted to a few drinks. She was asked to get out of the car. The officer indicated he was unsteady and helped her to the sidewalk. She passed the alphabet and the counting backwards tests and failed the walk and turn.- The breath test result of .18 did not go into evidence - NOT GUILTY Brockton District Court - The client was stopped when his car went passed the stop line at an intersection (the officer needed to swerve to avoid the car) and crossed the center line. When the police officer interviewed the client he found him to have an odor of alcohol coming from him, mildly bloodshot eyes and his speech was slurred and slow. He was asked to get out of the car and he tried to get out with his seatbelt still fastened. He was unsteady and failed the one leg stand and the walk and turn test.- NOT GUILTY Chelsea District Court - The police officer and a civilian (lawyer) witness testified that the client was driving the wrong way on the Revere Beach Parkway. They pulled the vehicle over. The officer testified the client smelled of alcohol, was slurring his words, had bloodshot and glassy eyes and was unsteady on his feet. - NOT GUILTY OF OUI September 2010Concord District Court - The police responded to the report of an accident. They found the client in her home. The car had struck a tree. The officer testified the client was slurring her words, had bloodshot and glassy eyes, swayed back and forth and smelled of alcohol. She admitted to drinking wine. She failed the one leg stand and Walk and Turn test - NOT GUILTY OF OUI AND CHILD ENDANGERMENT Plymouth District Court - The client was involved in an accident and was transported to the hospital. When the police arrived they interviewed the client and found him to have an odor of alcohol coming from him, he was slurring his words, had bloodshot and glassy eyes and was unsteady. He admitted to two glasses of beer. - CASE DISMISSED Westboro District Court - The client was pulled over for an expired inspection sticker. The officer testified he had red, watery eyes and a strong odor of alcohol coming from him. - NOT GUILTY Plymouth District Court - The client was stopped for speeding. When the police officer interviewed the client he found him to have an odor of alcohol coming from him, bloodshot, glassy eyes and his speech was slurred and thick tongued. He admitted to two or three drinks. He was asked to get out of the car. The officer indicated he was unsteady, swaying and almost fell over. He passed the alphabet and the counting backwards tests failed the one leg stand and the walk and turn.- NOT GUILTY Brockton District Court - The client was involved in an accident where he hit a pole and left the scene. When the police arrived they interviewed the client and found him to have an odor of alcohol coming from him and had bloodshot glassy eyes. He failed the one leg stand and the walk and turn tests.- NOT GUILTY August 2010Clinton/Fitchburg District Court - The client was pulled over for speeding. He smelled strongly of alcohol, had glassy/red eyes and his speech was thick and accented. He was unsteady as he got out of his car. He admitted to having a pitcher of beer. He failed the one leg stand and Walk and Turn test. -NOT GUILTY Plymouth District Court - The client was involved in an accident after he had to veer to the right to avoid a car that veered into his lane. As he swerved to the right he hit a car that was waiting to enter the roadway. When the police arrived they interviewed the client and found him to have a heavy odor of alcohol coming from him and his speech was slow and thick. July 2010Dorchester District Court - The client was involved in a one car accident on the Southeast Expressway. He drove down the off ramp and stopped too far into the intersection. He was slow to respond to the officer's questions and smelled of alcohol. He was unsteady as he got out of his car. He admitted to having about 5 beers. He failed the one leg stand and Walk and Turn test and passed the alphabet test. - NOT GUILTY Roxbury District Court - The trooper was patrolling Storrow drive when he saw a car traveling at 25 mph and weaving between the lanes. The client seemed to be falling asleep and was described in the report as incoherent. The client was barefoot and having trouble walking. BREATH TEST .19 - CASE DISMISSED Hingham District Court - The officer responded to a report of a motor vehicle hitting a parked car. The officer found the client outside the vehicle and noticed she smelled strongly of alcohol and had red and glassy eyes. The officer testified that she did not successfully complete the Walk and Turn test or the alphabet test. - The breath test result of .21 did not go into evidence- NOT GUILTY June 2010Plymouth District Court - The client was described by a cell phone caller as driving all over the road. The officer did not notice any improper driving when he was behind the car. The officer indicated that when he got to the car he noticed a moderate odor of an alcoholic beverage and the client had red and glassy eyes and slurred speech The client produced his license registration. He admitted to 4 or 5 beers and was told to get out of the car. The officer indicated he was unsteady. - NOT GUILTY Federal District Court - The officer pulled the client over for going through a stop sign. The officer indicated that when he got to the car he smelled an odor of an alcoholic beverage. The client admitted she had consumed 4 glasses of wine. She failed the one leg stand and walk and turn test. - CASE DISMISSED Wrentham District Court - The police responded to the report of a car fire. The client was described by the officer as smelling of an alcoholic beverage and that he bloodshot glassy eyes and slurred speech He failed the one leg stand and walk and turn test. - CASE DISMISSED Worcester District Court - The client was described by the trooper as going 75 mph in a 55 mph zone. He cut off another vehicle and was pulled over. the speed limit and weaving into both the breakdown and second travel lanes. After the blue lights went on the client took an off ramp and went up and on to and over the cub two times. The officer indicated that the client smelled of alcohol, had red glassy eyes and slurred speech The officer indicated that the client produced his license and registration but fumbled with the documents and kept dropping them. He was told to get out of the car and walked into traffic. The officer wrote that he failed the one leg stand, walk and turn test and a finger dexterity test. - CASE DISMISSED Plymouth District Court - The client was described by the officer as going below the speed limit and weaving into both the breakdown and second travel lanes. After the blue lights went on the client took an off ramp and went up and on to and over the curb two times. The officer indicated that when he got to the car he was hit with a wall of odor of an alcoholic beverage and the client had bloodshot glassy eyes and severely slurred speech The client produced his license and fumbled while looking for his registration. He was told to get out of the car and walked into traffic. He failed the alphabet, finger to nose, one leg stand and walk and turn test. - NOT GUILTY May 2010Plymouth District Court - Boating Under the Influence. The client was approached by the environmental police as he was taking his boat out of the water. The officers indicated that the client had a strong odor of alcohol coming from him, his eyes were glassy and he was unsteady. There were beer can all over the boat and they arrested him. - NOT GUILTY Framingham District Court - The client was described by the officer as running a red light. The officer indicated that the client had bloodshot glassy eyes, slurred speech and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and alphabet tests. - The breath test result of .17 did not go into evidence- NOT GUILTY Orleans District Court - The client was described by the officer as traveling over the center line. The officer observed vomit on the driver's side of the vehicle. The officer indicated that the client had bloodshot glassy eyes, slurred speech and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and alphabet tests. - The breath test result of .17 did not go into evidence- NOT GUILTY Plymouth District Court - The client was described by the officer as going at a high rate of speed and unable to maintain his lane. The officer indicated that the client had an overwhelming odor of alcohol coming from him, bloodshot glassy eyes, red face and slurred speech The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand and walk and turn test. - NOT GUILTY April 2010Plymouth District Court - The officer was dispatched to an accident where one of the drivers had left the scene of the accident. The police searched the area and eventually found the client coming out of the woods covered in glass. The officer said his speech was extremely slurred, he had bloodshot glassy eyes and smelled strongly of alcohol. He was also unsteady on his feet and needed assistance to stand. The officer felt he was drunk. -NOT GUILTY March 2010Newton District Court - The client passed a vehicle on the wrong side of the road and was pulled over. The police observed that the client had a strong odor of alcohol, extremely slurred speech and bloodshot eyes. He failed the alphabet test, could not do the one leg stand and the officer testified he failed the walk and turn but according to the officer's field sobriety test training manual, the client passed that test. -NOT GUILTY Attleboro District Court - The police responded to a domestic disturbance. The client's wife told the officers that he had left in his car and was highly intoxicated. One of the officers saw him driving in front of his house and motioned him over. He complied. The officer testified he had bloodshot and glassy eyes and smelled of alcohol. The officer asked him to get out of the car and according to the officer he staggered as he exited. The officer testified that he did not successfully complete the Walk and Turn test. The breath test result of .11 did not go into evidence- NOT GUILTY Quincy District Court - The police officer saw the client enter a liquor store and be refused service as a result of being intoxicated. The officer watched him leave and stagger to a car in the liquor store parking lot. The client then turned around and started to walk towards the store again. He stopped again and returned to the car, got in and started the car. The officer told him to stop and he did. The officer testified he had bloodshot and glassy eyes, slurred speech and smelled of alcohol. The officer asked him to get out of the car and according to the officer he staggered and could not maintain his balance without holding onto the car door. - NOT GUILTY Plymouth District Court - The officer observed a van cross the roadway and pill into a parking space on the other side of the road facing in the wrong direction. The officer pulled up next to the van and when the operator looked at the officer he was described as looking dazed and confused. The officer said his speech was slurred, he had bloodshot glassy eyes and smelled strongly of alcohol. He passed the alphabet test, could not do the one leg stand and the officer testified hefailed the walk and turn but according to the officer's field sobriety test training manual, the client passed that test. -NOT GUILTY February 2010Plymouth District Court - The officer was dispatched as a result of a cell phone caller's report of an erratic operator. The officer said the client's speech was slurred, that she had bloodshot glassy eyes and smelled strongly of alcohol. She failed the alphabet test, the one leg stand and the walk and turn. A defense expert on field sobriety testing cast doubt on the validity of the testing due to the client's weight.-NOT GUILTY January 2010Belchertown District Court - The client was pulled off to the side of the road with her flashers on. As the officer got closer she turned her flashers off and pulled out into the travel lane. After pulling out she crossed the fog line and the officer put on his blue lights to stop the car. The driver swerved to the right nearly hitting trash cans at the end of the driveway and then pulled over. She produced her license without a problem. She was asked to get out of the car and the officer testified she was unsteady walking to the rear of her car where she could not stand on one leg or walk heel to toe to the officer's satisfaction. The officer indicated that she had slurred speech, bloodshot, glassy eyes, and smelled strongly of alcohol. The client admitted drinking.- .08% breath test - NOT GUILTY Peabody District Court - The police responded to an accident scene where a car had struck a telephone pole. They found the client backing the vehicle up and pulling it into the next driveway. The officer testified that the client was unsteady on his feet, leaned against the car, smelled strongly of alcohol, had red glassy eyes and slurred speech. The arresting officer testified that on the One Leg Stand Test the client put his foot down 2 times in 6 seconds. (another officer testified he held it up for 10 seconds ) During his recitation of the alphabet he jumbled and missed letters. (English was his second language) - NOT GUILTY Hingham District Court - The client was described by the trooper as going 80 - 87 mph and weaving between lanes. The trooper indicated that the client had bloodshot and glassy eyes, slurred speech and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. The officer testified that he did not successfully complete the one leg stand or Walk and Turn test and completed the counting backwards and alphabet test. - NOT GUILTY Cambridge District Court - The state police were dispatched to a motor vehicle accident and found the client inside her motor vehicle. She had driven into an intersection and crashed into a snow plow. The officer testified that the client had bloodshot, glassy eyes, smelled strongly of alcohol was incoherent and had very slurred speech. She was taken to the hospital and then to the station where she took a breath test. The breath test result of .11 was not allowed into evidence- NOT GUILTY December 2009Orleans District Court - The client was described by the officer as going at a very high rate of speed. The officer indicated that the client had red, watery eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and finger to nose. - DISMISSED Wareham District Court - The police officer testified that he driving on a rotary when the client entered from the right, cutting him off and causing him to slam on his brakes. The officer pulled the client over and testified the client was slurring his words, had bloodshot and glassy eyes and smelled of alcohol. He failed the one leg stand, Walk and Turn test, counting test and alphabet test.- NOT GUILTY Concord District Court - The police responded to the report of an accident. They found the client in the drivers seat. The car had struck a pole and cut it in half. The client was removed from the car with the jaws of life and taken to the hospital. The officer testified the client was slurring her words (and added she had a mouth injury), had bloodshot and glassy eyes ( and added that she had been crying) and smelled of alcohol. He was examined by EMT's who transported him to the hospital. The hospital blood test of which equated to .23 was excluded - NOT GUILTY November 2009Quincy District Court - The police officer saw a car enter the roadway at a high rate of speed and fishtailed during the turn. The officer turned on his emergency lights. The car did not stop and was chased by two cruisers at speeds over 100 MPH. The client eventually stopped and wad ordered to the ground at gunpoint. He told the officers that he was fleeing from 6-7 kids that had jumped him. He dad scraped knees and elbows, a black eye and facial bruising. He was arrested and taken to the station where he tried to take a breath test but had to be taken to another station since their machine was not working. He then took the breath test with a reading of .11. The officer testified he had bloodshot and glassy eyes, slurred speech and smelled strongly of alcohol. He was examined by EMT's at the station. - NOT GUILTY of Operation under the influence and a HUNG JURY on the breath test being above .08 Wrentham District Court - The client was found getting out of a disabled car in the parking lot of a bank. She had two flat tires and told the officer that she had called AAA. He offered her a ride to the station and when she got into the cruiser he noticed an odor of alcohol and slurred speech. She told him she had consumed 3 glasses of wine. The client produced her license and registration without difficulty. She failed the alphabet and the walk and turn test. - NOT GUILTY Framingham District Court - The police responded to the report of an accident. They found the client getting out the driver's side of a car with heavy damage. The officer testified the client was unsteady, had bloodshot and glassy eyes and smelled strongly of alcohol. He was examined by EMT's who transported him to the hospital. They testified that he did not smell of alcohol, spoke normally and was not unsteady. The ER doctor also testified that he did not seem impaired. The hospital blood test of which equated to .13 was excluded - NOT GUILTY Plymouth District Court - The officer was dispatched to an accident where one of the drivers had left the scene of the accident. A witness took down the plate of the car and the police went to the clients house. They found the client outside his house. The officer said his speech was slurred, he had bloodshot glassy eyes and smelled strongly of alcohol. He passed the alphabet test, did not do the one leg stand due to a bad hip and tried but failed the walk and turn. A video at the station contradicted the officers description of him at the scene. He plead to the leaving the scene charge and went to trial on the OUI charge. -NOT GUILTY Plymouth District Court - Client was found stopped at a red light and did not proceed when the light turned green. The officer approached the car and knocked on the window. The client awoke and began to drive away with the officer running next to the truck. The client drove across the intersection and pulled into a construction site. The officer observed a strong odor of alcohol and that the client was mumbling incoherently. He stumbled out of the truck and almost fell over. His eyes were bloodshot and glassy. The officer arrested him and took him to the station. A videotape at the station contradicted the officers testimony of his condition. -NOT GUILTY October 2009Worcester District Court - The client was stopped for straddling the center line on a two lane divided road. The officer testified the client had red, bloodshot eyes, slightly slurred speech and smelled of alcohol. The client produced his license and registration without difficulty, admitted drinking and was told to get out of the car. He was not unsteady walk to the back of the car but bumped into the rear fender. He failed the one leg stand and the 9 step walk and turn test. -.11% breath test - NOT GUILTY Hingham District Court -The police officer responded to a report of an accident. He found the car off the road, locked an no one around. He found the client ½ mile away with keys in his pocket. The client said someone else was driving. The client admitted to drinking, was unsteady on his feet, had bloodshot eyes, slurred speech and a strong odor of alcohol on his breath. NOT GUILTY Plymouth District Court - Client was stopped after the officer observed the client make a wide right turn out of a restaurant parking lot. The client pulled over without a problem. The officer observed an odor of alcohol and that the client was unsteady. He also testified the client could not pass a one leg stand, walk and turn or alphabet test -NOT GUILTY Wareham District Court - The police were dispatched to a motor vehicle accident and found the client outside a motor vehicle. He had knocked over a utility pole. The officer testified that the client had glassy eyes, was unsteady on his feet and smelled strongly of alcohol. He also testified the client could not pass a counting or walk and turn test but was able to say the alphabet. - NOT GUILTY Plymouth District Court - The police were dispatched to a motor vehicle accident and found the client outside a motor vehicle. He said there were other people in the vehicle but would not give any more information. The officer wrote that the client had bloodshot eyes, slurred speech, was very unsteady on his feet and needed assistance to stand.- DISMISSED Belchertown District Court - The client was described by the officer as weaving and crossing the lanes. The officer indicated that he had slurred speech, bloodshot, glassy eyes, and smelled strongly of alcohol. The client admitted drinking, produced his license and registration without difficulty and was told to get out of the car.- .17% breath test - NOT GUILTY Framingham District Court - The client was found in a closed recreation area urinating outside his car. The officer observed a strong odor of alcohol, bloodshot glassy eyes and very slurred speech. He failed the one leg stand, and alphabet test and passed a counting test. - .16% breath test - DISMISSED September 2009Orleans District Court - The client was described by the officer as driving over the center and fog line repeatedly. The officer indicated that the client had slow and deliberate speech, glassy eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and passed a counting test and alphabet test. - .13% breath test - DISMISSED Natick District Court - The client was described by the officer as weaving between the lanes. The officer indicated that he had bloodshot, glassy eyes, and smelled of alcohol. The client admitted to 4 or five beers, produced his license and registration without difficulty and was told to get out of the car. He failed the One Leg stand and Walk and Turn test. - .13% breath test - NOT GUILTY Marlboro District Court - The client was found parked on a Rte. 495 off ramp. The officer indicated that the client had bloodshot, glassy eyes and smelled strongly of alcohol. The client admitted to 1 glass of wine with dinner. She failed the One Leg Stand, Walk and Turn, alphabet, counting and finger to nose test. - .16% breath test - NOT GUILTY Plymouth District Court - Client was stopped after the officer saw him cross the line and almost strike another vehicle. He fumbled for his registration. The officer wrote that the client had bloodshot eyes, slurred speech and smelled of alcohol. - FIFTH OFFENSE!!!!! - NOT GUILTY August 2009Dedham District Court - The client was weaving in and out of 3 lanes, according to the officer. The officer testified the client had heavily bloodshot and glassy eyes, slurred and thick speech and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, the 9 step walk and turn an a counting test. The officer testified he told the officer he was guilty and knew he had too many but couldn't get a cab. - NOT GUILTY Woburn District Court - The client was stopped for swerving out of his lane 2 times. The officer indicated that the client had bloodshot, glassy eyes and smelled of alcohol. The client produced his license after fumbling for it and registration without difficulty and was told to get out of the car. According to the police report he failed the one leg stand and walk and turn test. .07% breath test - NOT GUILTY Plymouth District Court - Client was approached after a witness call the police about a motor vehicle running over a number of mailboxes. The officer went to a house where the client answered the door and appeared intoxicated. The officer wrote that the client had bloodshot eyes, slurred speech, smelled of alcohol and was unsteady. The client admitted driving but all of her statements were suppressed. .24 % breath test - NOT GUILTY Lawrence District Court - The client was described by the chief of police as weaving across 3 lanes and stopped for no reason in the middle of the road. The officer wrote the client had bloodshot and glassy eyes, slurred and thick speech and smelled of alcohol. The client fumbled for and produced his license and registration . He stated he had 4 drinks at a Chinese restaurant. He failed the Walk and Turn test. - .10% breath test DISMISSED July 2009Lynn District Court - The client was described by the officer as driving 90 mph in the travel lanes and 80 mph in the breakdown lane. The officer indicated that the client had slurred speech, bloodshot glassy eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and passed a counting test. - .10% breath test - NOT GUILTY East Brookfield District Court - The client lost control of his motorcycle and was found unconscious near the bike. He smelled of alcohol and was life-flighted to the hospital where they took his blood. The test revealed a high blood alcohol content. - NOT GUILTY Woburn District Court - The client was described by the officer as repeatedly crossing the marked lanes. The officer indicated that the client had bloodshot, glassy eyes and smelled of alcohol. The client produced her license and registration without difficulty and was told to get out of the car. According to the police report she failed the one leg stand, walk and turn, alphabet and counting backwards test. - CASE DISMISSED New Bedford District Court - The client was found by the officer slumped over the wheel. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test. - NOT GUILTY Wrentham District Court - The client was described by the officer as driving erratically. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test. - .13% breath test CASE DISMISSED June 2009Fitchburg District Court - The client was stopped using the breakdown lane a construction site. The officer indicated that the client had very slurred speech, extremely glossy and red eyes and smelled very strongly of alcohol. The officer also indicated that the client was swaying as he stood. He also wrote that the client could not pass a one leg stand and walk and turn test and during the alphabet had to think before stating each letter - NOT GUILTY Brockton District Court - The police responded to a report of an accident. They responded to the location and found the client inside his car. Despite passing two of two field sobriety tests the client was still arrested. - NOT GUILTY May 2009Plymouth District Court - Client was stopped after the officer observed him drive over the marked lanes. He testified the client had bloodshot eyes, slurred thick speech, smelled of alcohol and was unsteady after he got out of the car. He also testified the client could not pass a counting, one leg stand, walk and turn and finger to nose test - NOT GUILTY Plymouth District Court - Client was stopped after the officer observed her swerving in and out of her lane. The officer testified the client had bloodshot eyes, slurred thick speech and smelled of alcohol. He also testified the client could not pass a counting, , walk and turn and alphabet test - NOT GUILTY April 2009Plymouth District Court - MOTOR VEHICLE HOMICIDE - The client was charged with motor vehicle homicide by negligent operation. The client drove into a torrential rainstorm and struck a large puddle that caused her vehicle to veer into oncoming traffic. Her passenger died as a result of the collision. The government prosecuted based upon witness statements that described her as going real fast (up to 55 mph) in a 40 zone. The defense expert testified that the accident happened so fast that none of the witnesses would be able to judge speed given the small amount of time they had to observe. NOT GUILTY Wareham District Court - The client was the passenger in a truck involved in a 2 car accident. He told the police that he was driving to protect his sister. He took and failed the field and breath tests. His sister testified that in fact she was driving.- NOT GUILTY Dudley District Court - The client was described by the officer as driving 80 in a 65 and swerving all over the road. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. The officer wrote that he was unsteady on his feet and wrote that the client failed the alphabet test. -CASE DISMISSED Wareham District Court - The client was stopped for crossing the center lane numerous times and driving up onto the sidewalk. The officer testified the client smelled of alcohol and was unsteady on her feet. She failed the alphabet and finger to nose test - NOT GUILTY March 2009Orleans District Court - The client was stopped for crossing the double yellow lines. The officer testified he took a wide turn into a side street once the lights went on. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The officer also indicated that the client was unsteady walking and leaned on his truck foe balance. Once arrested the client became verbally abusive to two officers. - NOT GUILTY Wrentham District Court - The client was described by the officer as driving erratically. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test. - .13% breath test CASE DISMISSED Framingham District Court - A cell phone caller describes the clients vehicle as swerving and operating without headlights. The officer found the vehicle parked half on someone's lawn. He noticed she smelled of alcohol and had slurred speech. She admitted to 2 glasses of wine. She was not given field tests due to severe weather conditions. - NOT GUILTY Plymouth District Court - Client was found hunched over his motorcycle after a civilian called in that the client had struck his car and left the scene. The officer testified that the client smelled of alcohol but due to injuries was taken to the hospital. - NOT GUILTY Plymouth District Court - Client was stopped for speeding and crossing the center line. The officer arrested him on an outstanding warrant (which turned out not to be him) and after he got him out of the car he noticed that he smelled of alcohol - NOT GUILTY February 2009Orleans District Court - The officer wrote in his report that the client was straddling the center line and that he had to swerve to avoid the clients car. He wrote his speech was slurred and smelled of alcohol. He wrote that he failed the alphabet, one leg stand, counting backwards and the 9 step walk and turn test. - CASE DISMISSED Orleans District Court - The client was stopped for going back and forth between the travel and passing lanes. The officer testified he was slow to pill his car over. The officer wrote in his report that the client failed the alphabet test three times and testified that the client could not keep his foot in the air for more than 3 seconds - NOT GUILTY Dedham District Court - The client was asleep in his car in the parking lot of a closed business. The officer testified the client had red, bloodshot eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He stumbled getting out of the car. He failed the one leg stand and the 9 step walk and turn test but passed the alphabet test - .13% breath test NOT GUILTY Stoughton District Court - The police officer responded to a 3 car accident. The officer's report indicated the client was swaying and smelled of alcohol. He passed the alphabet but had difficulty counting backwards. - CASE DISMISSED January 2009Hingham District Court -The police officer responded to complaints from a cell phone caller and observed a vehicle straddling the center line and had to swerve out of the way of the vehicle. The client admitted to 5 or 6 beers, was unsteady on his feet, had bloodshot eyes and a strong odor of alcohol on his breath. - NOT GUILTY Hingham District Court -The police officer responded to an accident. The driver was outside the car and had chest pains and a bloody nose The officer testified the client had bloodshot eyes and smelled of alcohol. He failed the alphabet, one leg stand and the 9 step walk and turn test. .09% breath test - NOT GUILTY Milford District Court - The client was stopped for crossing the lanes numerous times. The officer testified the client had bloodshot eyes and smelled of alcohol. He fumbled for his license. He failed the one leg stand and the 9 step walk and turn test. .08% breath test - NOT GUILTY Worcester District Court - The client was stopped for straddling the center line and speeding. The officer testified the client had red, bloodshot eyes, slightly slurred speech and smelled of alcohol. The client produced his license and registration without difficulty, admitted drinking and was told to get out of the car. He was not unsteady walk to the back of the car. He failed the finger to nose, one leg stand and the 9 step walk and turn test. - NOT GUILTY Plymouth District Court - Client was stopped after the trooper observed him drive over the curb with both passenger side tires. The trooper testified the client had bloodshot eyes, slurred thick speech, smelled of alcohol and was unsteady after he got out of the car. He also testified the client sang the last half of the alphabet, refused the one leg stand due to injured knees and failed the walk and turn test - .15% breath test - NOT GUILTY Plymouth District Court - Client was stopped after the trooper observed him drive over the curb with both passenger side tires. The trooper testified the client had bloodshot eyes, slurred thick speech, reeked of alcohol and was wobbly when he got out of the car. He also testified the client was uncooperative. - NOT GUILTY December 2008Brockton District Court - The police responded to a report of a car driving on a lawn, hitting a tree and fleeing from the scene. They responded to the location and found the client outside of her car and visibly intoxicated. She was argumentative and uncooperative and failed all of the field sobriety tests. - NOT GUILTY November 2008Peabody District Court - The client was stopped for crossing into oncoming traffic. She produced her license and registration without a problem. She did not complete the one leg stand or walk and turn test. - NOT GUILTY Cambridge District Court - a police officer noticed damage to a light pole and found the client behind the wheel of a damaged vehicle one block away. His had difficulty waking the client up and when he awoke he had very slurred speech and was placed under arrest. - NOT GUILTY Peabody District Court - The client was stopped after a cell phone caller called the police reporting that he was following a vehicle that was all over the road. The officer then pulled the car over for speeding. The client produced his license without difficulty, admitted drinking and was told to get out of the car. The client could not stand on one leg for more than 3 seconds and could not walk heel to toe. His recitation of the alphabet was not understandable according to the officer and repeatedly asked to be let go. - NOT GUILTY October 2008Federal District Court - The client was stopped for running a stop sign. He was cooperative with the officer. He failed the alphabet, one leg stand and the 9 step walk and turn test. .079% breath test - CASE DISMISSED Hingham District Court- The police responded to a call about a hit and run. They went to the owner of the vehicles home and spoke to the client who admitted being in an accident. The officer wrote in his report that the client was slurring his words, smelled of alcohol, had glassy eyes and was unsteady on his feet. The client failed all of the field sobriety tests. - CASE DISMISSED September 2008Federal District Court - The client was stopped for running a stop sign. She was cooperative with the officer. She produced her license and registration without a problem. She stumbled at the back of the car but otherwise was not unsteady. She did not complete the one leg stand, walk and turn and horizontal gaze nystagmus to the officer's satisfaction, but was able to do a finger to nose test. .13% breath test - NOT GUILTY Newton District Court - The client was involved in a one car rollover accident. The police responded and observed that the client had an odor of alcohol and bloodshot eyes. The client was transported to the hospital and his blood alcohol level was .13% -NOT GUILTY August 2008Hingham District Court -The police officer observed a vehicle cross the fog line twice and almost hit a parked car. The driver was slow to react to the officer's requests. The officer detected and odor of alcohol, slurred speech and bloodshot eyes. The officer testified the client was having a difficult time understanding the field test instructions and could not say the alphabet. - NOT GUILTY |
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