RECENT RESULTS AND SUCCESS

PLYMOUTH COUNTY

CHARGE: OUI liquor; Motion to Vacate Previous Conviction
Result: Motion allowed and permanent loss of license reversed!

My client had a permanent loss of his license due to five OUI convictions and numerous breath test refusals. After researching all of his prior convictions, I was able to locate constitutional deficiencies with two of his previous convictions. At the motion hearing, the judge reluctantly agreed that we were correct and allowed our Motion to Vacate his Plea. We won a similar motion in another county and as a result, his license was reinstated!

SUFFOLK COUNTY

CHARGE: OUI liquor; Motion to Vacate Previous Conviction
Result: Motion allowed and permanent loss of license avoided!

Facing a permanent loss of his Massachusetts license, my client hired me to see if there was anything I could do to reinstate his license. He had OUI convictions in Massachusetts as well as out of state convictions. While researching his past cases, I was able to locate an error in a previous plea. After a lengthy hearing on the issue, the judge agreed and his license to operate a motor vehicle was saved!

MIDDLESEX COUNTY

CHARGE: Operating a Motor Vehicle with License Suspended due to OUI Conviction
Result: Motion to Dismiss Allowed; Mandatory jail sentence avoided; Trial

The Commonwealth alleged that my client was operating his vehicle while his license was suspended for a previous OUI conviction. If we lost, my client was facing a mandatory 60 day jail sentence. Prior to trial, I was able to locate a technicality in the law that allowed me to argue for a dismissal of the charges. At trial, I was able to get all charges dismissed. As a result, he avoided a further loss of his license and did not serve a single day in jail!

PLYMOUTH COUNTY

CHARGE: Restraining Order/Harassment Order;
Result: Order Not Issued;

My client’s neighbor alleged that he was bothering their family.  There was little credibility behind the allegations but he may have been forced to move if the order issued. During cross examination, I was able to expose the lack of credibility to their story and the order did not issue.

MIDDLESEX COUNTY

CHARGE: OUI alcohol;
Result: Motion to Dismiss Allowed;

The police accused my client of operating a vehicle that caused a bad crash.  They alleged he was impaired by alcohol and even claimed to have a witness who stated my client was driving.  After my investigation, I was able to prove who the real operator was and it was not my client.  Subsequently, I filed a Motion to Dismiss and my client was cleared of all charges.

SUFFOLK COUNTY

CHARGE: Domestic Assault and Battery;
Result: Motion to Dismiss Allowed;

The police alleged that my client assaulted and beat his adult stepson.  On the day of trial, I argued to the court that the Commonwealth did not have enough evidence to prove their case.  The judge agreed and our Motion to Dismiss was allowed.

 

BRISTOL COUNTY

CHARGE: OUI liquor; Negligent Operation of a Vehicle;
Result: Not Guilty;

After accusing my client of entering a rotary the wrong way and failing so-called Field Sobriety Tests, she was arrested for OUI.  At trial, I was able to prove numerous inconsistencies in the testimony and successfully attacked the validity of the field tests.  The result was a not guilty for my client and no license issues with the registry.

NORFOLK COUNTY

CHARGE: OUI liquor;
Result: Not Guilty; Jury Waived Trial.

My client was accused of driving while impaired by alcohol after he allegedly hit another vehicle and left the scene.  At trial, I sequestered the police witnesses and was able to cross up their testimony regarding my client’s condition.  After the not guilty verdict, I successfully argued to restore my client’s license to operate his vehicle.

PLYMOUTH COUNTY

CHARGE: OUI liquor;
Result: Motion to Suppress Breath test Allowed.

After her arrest for OUI, my client took a chemical breath test.  However, after reading the applicable police reports, I realized the police did not properly secure her consent to take the test under Massachusetts law.  The prosecution, realizing I was correct, reluctantly had to agree to the suppression of the breath test.   That evidence will not be allowed at trial!

PLYMOUTH COUNTY

CHARGE: Restraining Order/Harassment Prevention Order:
Result: Order Not Issued.

The other side claimed that my client had been harassing them for over six months.  At the hearing they presented numerous emails, text messages, and phone logs to establish this contact.  During cross examination I was able to elicit that the nature of the threats and harassment did not rise to the level required under the statute and the order did not issue!