How many Massachusetts OUI Defense Lawyers have obtained two (2) not guilty jury verdicts in two separate courts on the same day? I did.
I pride myself on being a true trial lawyer. I expect to answer, “Ready for Trial,” on most of my OUI cases in Massachusetts. Many years ago, I met some incredibly talented DUI defense lawyers from across the country. The best advice I received from all the national seminars I’ve attended resonated with me because it was consistent with my approach to drunk driving defense cases:
“Don’t be a dump truck lawyer,” said Justin McShane of Pennsylvania.
“Don’t be a plea escort service,” said Glynn Delatte of Louisiana.
Practically any lawyer in Massachusetts can hold your hand and walk you down the aisle to make an admission for a CWOF or guilty plea to the mandatory minimum sentence on any given OUI offense, regardless of whether it’s your 1st, 2nd, 3rd, 4th or 5th Lifetime Offense. That’s what a Dump Truck or Plea Escort Service lawyer does.
The Lifetime Lookback provision of Melanie’s Law creates horrible exposure for subsequent offenders. That’s why the decision to admit to a 1st offense OUI can haunt a person decades later. The scenario most often facing a subsequent offender in Massachusetts is “go to trial or go to jail.” I suggest you hire a trial lawyer for all OUI/DUI matters.
In March 2022 I appeared in the Peabody District Court for a Monday jury trial on an OUI 2nd Offense. My client had flown in from Puerto Rico for the trial. It was a State Police arrest, and my first trial with Massachusetts State Police body worn camera (BWC) video footage in evidence. The arresting Trooper was an experienced, diligent and squared away professional. I’m sure that’s why he signed up for the body worn camera pilot program. The barely over the limit post arrest breath test was excluded. I conducted my normal aggressive cross examination of the Trooper. He asked my client at the end of the regular field sobriety tests (walk and turn, one leg stand) to recite the alphabet from “D as in dog, to T as in tiger.” My client was a U.S. citizen, born, raised and educated in Boston, but at home growing up in an immigrant household he spoke only Vietnamese with his family. His speech pattern was unique with a halting, strange accent, but knew his ABCs. He started “D dog, E elephant, F fox, G giraffe..” before the Trooper, laughing on the video, stopped him and said, “you don’t need an animal for every letter.” It was a funny moment that you only get at a real live trial. The Judge, Jury, Prosecutor and Trooper shared a laugh with my client and I, but it was still very serious business. The evidence, closing arguments and jury instructions were completed at 4:15 p.m. The Judge thankfully didn’t send the Jury out to deliberate at that late hour. Court proceedings in Massachusetts conclude at 4:30. My problem, I had an OUI 3rd felony trial scheduled the next day in Brighton District Court, also a Massachusetts State Police case. The Judge in Peabody took mercy on me. He told the Jury I had a previously scheduled matter for Tuesday and my able Associate Kristen McLaughlin would be in Peabody the next day for deliberations and the verdict.
I started the next day in Brighton early, which is always a blessing. My client was there from New Hampshire and his parents had flown in from Florida to be there with him. This was a felony, with a mandatory minimum 150 day jail sentence and an eight (8) year loss of license following a five (5) year chemical test refusal (CTR) suspension. Again, Melanie’s Law. Go to trial or go to jail. I’ve conducted somewhere between 700-800 OUI/DUI jury trials and even more bench trials over thirty years. I don’t need a tremendous amount of time to prepare for any particular OUI trial which surprises most people. I have an incredible staff that ensures all the pre-trial discovery, motions, exhibits and witnesses are in place, so I can answer “Ready for Trial.” I have a method and an approach that works in any courtroom on an OUI defense: Aggressive, professional cross examination based on a wealth of knowledge and experience and a closing argument that empowers a jury to do the right thing. It certainly helps that a competent lawyer is the easiest thing for a Judge or Jury to recognize. Not Guilty jury verdict in Brighton before the lunch break. Five (5) year CTR vacated. Not guilty verdict returned in Peabody shortly thereafter, same day. That was a nice text to receive from Kristen.