MA resident facing new 2019 DUI 1st Offense charge in New Hampshire. Counsel advises client that guilty finding in NH will trigger eight (8) year loss of Massachusetts driver’s license as 3rd lifetime offender under Melanie’s Law Lifetime Lookback provision. Client has prior OUI findings in MA in 1985 and 1992. Motion to Vacate 1985 OUI conviction allowed by Court in 2020. Defense files and argues Motion to Vacate due to client’s unknowing and involuntary plea in 1985. Supporting affidavit from client establishes that he was 21 years old at time of plea, which was same morning as his arrest, and he proceeded on the advice of a police prosecutor “to pay a fine and get it over with” without the advice of an his own attorney or an understanding of the charge, his rights and the consequences of his plea.
Category: Oui Case Results
Maine OUI Charge Dismissed
Massachusetts driver stopped for center line encroachment as she passes police cruiser just prior to 1:00 a.m. Cruiser mounted video depicts the driving, stop, roadside encounter and field sobriety testing. Post arrest breath test results in .10 BAC. Defense files and argues Motion to Suppress alleging cruiser video does not depict a clear lane violation. Motion denied by Court. Defense requests jury trial date and that Prosecutor make available State’s Breath Test technician/expert to allow confrontation on reliability and accuracy of breath test results. Defense also prepared to present video evidence to rebut alleged impairment. OUI charge dismissed prior to trial with plea to lesser non-OUI offense. No impact under Massachusetts’ Melanie’s Law Lifetime Lookback.
Not Guilty Verdict MA OUI Drugs Charge
LAST JURY TRIAL IN MASSACHUSETTS BEFORE COVID
Police stop driver for speeding violation. Officer claims he smells odor of burnt marijuana coming from vehicle as it passes his location before stop. When driver lowers window officer struck by overwhelming odor of marijuana and he notes driver’s slow movements and delayed speech. Officer arrests driver for OUI Drugs following field sobriety tests. Defense limits police testimony to observations only, not allowing any opinion on the issue of impairment by MJ. Not Guilty verdict following jury trial.
MA OUI Charge Dismissed
Police stop driver for speeding violation. Officer notes slurred speech, odor of alcohol and bloodshot/glassy eyes. Driver initially refuses to answer any questions but ultimately exits for field sobriety tests. Post arrest breath test of .20 excluded by defense. Prosecution is unable to go forward on four consecutive trial dates, despite repeated claims to Court that arresting officer has left department for federal job, but will return to testify at trial. Defense repeatedly demands trial or dismissal. OUI Charge dismissed for lack of prosecution.
MA OUI Charge Dismissed
Police respond to call for driver leaving scene of minor traffic accident. Based on reporting party description of vehicle and plate, client is found at home. She admits to just arriving home and having a glass of wine at work, but continually denies hitting another car or leaving scene of accident. Driver arrested after field sobriety tests and submits to post arrest breath test .24. Defense requests trial, but Prosecution/police fail to produce booking video. On 3rd trial date, video still not produced and civilian witness not available to testify. Court grants defense Motion to Dismiss as sanction for failure to produce booking video and lack of prosecution.
Not Guilty Verdict MA OUI Charge
Driver stopped for lanes violation by officer working special detail for “Driver Sober, Get Pulled Over” program. Driver admits to having two drinks and politely participates in field sobriety tests which are less than perfect given her age and overall nervousness. Post arrest breath test .09. Defense excludes breath test evidence prior to trial and utilizes booking video to show client’s apparent sobriety, demeanor, distress and overall nervousness throughout entire process. Not Guilty verdict following trial.
MA OUI Plea vacated OUI Charge Dismissed
MA resident facing OUI 2nd charge following single car accident. Defense obtains record of prior conviction where driver appeared “Pro se” without a lawyer at his arraignment and entered admission to OUI 1st Offense. Client unaware that breath test evidence .17 was inadmissible at the time and he was otherwise completely unaware of the defenses he had available to challenge this OUI 1st charge. Defense Motion to Vacate Plea allowed, OUI 1st charge ultimately dismissed outright, converting pending OUI 2nd charge to a true OUI 1st.
Not Guilty Verdict MA OUI
Police follow driver for approximately 2 miles noting several encroachments on double yellow line and outside fog line. Driver admits to having several drinks at local tavern, but refuses field sobriety tests. Post arrest breath test .16 BrAc is excluded by defense. Refusal of Field Sobriety Tests not admissible in MA. Not guilty verdict following trial.
MA OUI Charge Dismissed
Police stop driver for drifting in lanes on highway. She admits to having glass of wine at family party, but she left after argument with her mother. Police allege she fails field sobriety tests and she refused post arrest breath test. Barracks equipped with video recording of booking process, but police fail to preserve and save recording for trial. Defense requests instruction from Court that Jury can draw adverse inference against government for failure tor preserve tape. OUI charge dismissed by prosecution after jury selection.
ME OUI Drugs Charge Dismissed
Police stop vehicle for marked lanes violations. Driver is underage with several passengers between 18-21. Officer notes strong odor of recently burnt marijuana. Driver admits he and passengers were “hot boxing” joint just before stop. Smoking joint with windows up. Young driver does remarkably well on field sobriety tests and post arrest Drug Recognition Evaluation (DRE) screen, as depicted on booking video. Defense prepared to challenge whether opinion of marijuana impairment and DRE evaluation are admissible. OUI Drugs charge dismissed prior to trial.