Resolution of 140 OUI/DWI cases in Massachusetts and New Hampshire
I finished what was probably my busiest year to date in terms of OUI/DWI defense and trials. In 2017, I was able to resolve 140 Drunk Driving cases in Massachusetts and New Hampshire. That may seem like a lot for one (1) lawyer, but I have the help of two (2) very competent Associates and a wonderful support staff.
I was confronted with the return of dozens of MA OUI Breath Test Cases, which were stayed (postponed), for years in some cases, due to the Consolidated Breath Test Challenge. These cases returned to the trial list in several Courts, including Woburn, Worcester, Fall River, Newburyport, Lowell, Ayer, Fitchburg, Waltham, Dedham and Concord.
Here is a breakdown of the 140 cases I resolved in 2017, including 42 Drunk Driving Defense Trials:
66 OUI Cases in Massachusetts:
Sixteen (16) pleas to a Continued Without A Finding (CWOF) disposition on OUI 1 st offenses;
Seven (7) pleas to Cahill Dispositions, where a 1 st Offense sentence was obtained for an OUI 2 nd Offender, resulting in probation, no jail or hospitalization, and qualification for a Hardship License, subject to installation of the Ignition Interlock Device;
Seven (7) Guilty trial verdicts or plea of Guilty;
Thirty-six (36) Not Guilty trial verdicts, or outright dismissal of the OUI charge;
80% Jury Trial success rate: Out of twenty (20) jury trials, I obtained sixteen (16) Not Guilty verdicts and four (4) guilty verdicts.
100% Bench Trial success date: I obtained nine (9) not guilty findings out of nine (9) bench trials conducted in Massachusetts.
74 DWI Cases in New Hampshire:
Forty (40) agreed upon dismissals of the DWI charge, where a plea to a lesser offense was negotiated to include Reckless Driving, Negligent Driving, or simple moving violations such as Speeding, Traffic Signal, or Equipment violations. The most common was Reckless Driving, which is significant because Reckless Driving is a civil infraction, not a criminal offense, and it is never considered a Drunk Driving Offense. This is incredibly important to Massachusetts Residents, whom may or may not have a prior OUI under the Lifetime Lookback Provisions of Melanie’s Law or be forever treated as a 2 nd Offender if another Drunk Driving conviction resulted in the future;
Fourteen (14) Guilty Pleas to DWI 1 st Offense as a Class B Misdemeanor, where the original charge reduced from a Class A Misdemeanor DWI 2 nd or 3 rd Offense, Aggravated DWI, or Felony Level Aggravated DWI Serious Bodily Injury;
Thirteen (13) Bench Trials with four (4) Not Guilty findings and nine (9) Guilty Findings:
Seven (7) Guilty Pleas to DWI 1 st Offense.