Category: Oui Case Results

Driver stopped while returning to her motel from local convenience store. Store clerk reported strange behavior consistent with intoxication. Driver struggles with field sobriety tests but claims she’s only tired and taking only her prescribed medications. Driver is 0.00 for alcohol on breath test. Post arrest Drug Recognition Evaluator opines driver is impaired by benzodiazepines among other substances. Prosecutor dismisses all charges when state conducted blood test shows no controlled substances in her system.

Young driver is found asleep at wheel of running vehicle at traffic signal at 4:00 a.m. Police note odor of alcohol and glassy red eyes. Driver refuses to participate in field sobriety testing or post arrest beath test. Both refusal decisions are not admissible in Massachusetts OUI prosecution. Defense argues behavior and demeanor are consistent with fatigue and tiredness not alcohol impairment. Not Guilty verdict following trial.

Police respond to report of hit and run collision where vehicle left scene after side swipe collision. Driver is found short distance away with missing side mirror on passenger side. Arrest follows field sobriety tests. Defense excludes .12 post arrest breath test for failure to comply with proper testing sequence. Booking video also utilized to show driver’s sober behavior at station.

Maine OUI charge successfully deferred and dismissed to Driving to Endanger. Lifetime lookback consequences of Melanie’s Law avoided for MA resident/license holder Jan 2024

Police find vehicle based on multiple reports of driver leaving plaza, hitting pole and rock and leaving license plate behind at scene. Driver refuses to participate in field sobriety testing and post arrest breath test. Civilian reporting witnesses fail to appear at trial and most damaging testimony is excluded at trial as hearsay. Not guilty verdict following trial.

Police respond to report of driver passed out, asleep or having seizure in drive thru of McDonald’s. Driver is initially interviewed by 1st officer on scene. 2nd Officer on scene requests driver participate in field sobriety testing after he refuses medical treatment from EMS/Fire units. He notes slurred speech, glassy eyes and an odor of alcohol, also the driver’s apparent confusion as to his exact location. Driver ultimately refuses to take field sobriety tests or post arrest breath test. Defense ensures refusal evidence will not be admitted at trial, offer’s booking video as evidence and confirms through civilian 911 reporting witness that he thought it was a medical emergency/seizure. Not guilty verdict following jury trial. Lifetime look back consequences of Melanie’s Law avoided. Enhanced chemical test refusal suspension vacated.

Police follow driver coming off highway onto municipal streets. Officer notes vehicle traveling on wrong side of road and observes damage to front passenger side when vehicle makes wide turn. After traffic stop officer sees fresh vomit on side of truck outside driver’s window and detects strong odor of alcohol, slurred speech and glassy/bloodshot eyes. Arrest follows roadside fields sobriety tests. Booking process is aided by on call Portuguese interpreter. Defense challenges field sobriety test instructions without interpreter and uses booking video to depict driver’s apparent sober demeanor and behavior. Not Guilty verdict following trial.

Police respond to report of vehicle off roadway at DPW access ramp on highway in early afternoon in clear, dry weather. Driver appears highly agitated and upset about his damaged vehicle and explains that he was trying to turn around off highway to get to NH from Boston. He denies drinking that day, only the night before. Eventually, police suspect impairment by alcohol given client’s unusual statements and behavior. Defendant consents to filed sobriety tests and is arrested. Defense utilizes portions of body worn camera footage to challenge validity of field sobriety tests and unusual OUI investigation. Not guilty verdict following jury trial. Lifetime lookback consequences of Melanie’s Law avoided. Enhanced chemical test refusal suspension vacated.

Driver seized by police sitting as gas pumps after a manager of local entertainment facility reported him as a drunk patron refusing to accept Uber ride. Driver arrested after filed sobriety tests and submits to post arrest breath test of .16. Defense excludes breath test evidence prior to trial, utilizes civilian witness’ testimony to benefit defendant and introduces helpful portions booking audio/video recording. Not guilty verdict following jury trial.

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.

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.