CHARGE: Trafficking a Class D Substance (marijuana)
Result: Able to get charge reduced to a misdemeanor, with potential for eventual dismissal; Avoided mandatory jail time.
My client was charged with trafficking over 70 pounds of marijuana! Prior to a motion hearing, I was able to get the charge reduced to a misdemeanor, with the chance of a dismissal. My client is free of any travel restrictions, kept his license, and has no conditions of probation.
CHARGE: OUI liquor; 3rd Offense; Negligent Operation of a Motor Vehicle
Result: Not guilty; Jury Trial. DIRECTED VERDICT!
After the prosecution finished their case, I motioned the court for a Directed Verdict. I argued the prosecution failed to prove my client was impaired by alcohol and not a separate substance. The judge reluctantly agreed and my client was ruled not guilty! Licensed restored immediately.
CHARGE: OUI liquor
Result: Not guilty; Jury Waived Trial. Licensed restored immediately.
The Commonwealth alleged that my client had glassy and bloodshot eyes, strong odor of alcohol emanating from her breath, and caused a serious automobile accident. At trial, we discredited the witnesses and their conclusions to gain a verdict of not guilty. Also, was able to win the subsequent hearing to fully restore my client’s license to operate a motor vehicle.
CHARGE: OUI liquor and OUI Drugs
Result: Not guilty; Jury Waived Trial. Motion to Dismiss OUI Drug charge ALLOWED! Licensed restored immediately. (3rd not guilty/dismissal verdict for this client)
The Commonwealth alleged that my client entered a sobriety checkpoint and reeked of marijuana and alcohol. They claimed he admitted to recently smoking marijuana and consuming alcohol. Prior to trial, I argued that the arresting officer, committed inexcusable procedural errors pertaining to the OUI Drug charge. The judge agreed and dismissed that portion of the charges. At trial, I was able to convince the court of enough reasonable doubt to gain another not guilty for my client.
Charges: OUI liquor, 2nd offense/Possession of open container of alcohol
Result: Not guilty; bench trial with license restored (2nd not-guilty verdict for this client.)
The arresting officer alleged that my client was speeding, had slurred speech, and failed so-called field sobriety tests. He also claimed that my client possessed an open container of alcohol found in the rear of the vehicle and that he noticed a strong smell of alcohol coming from his breath. After my cross-examination of the officer, the judge found my client Not Guilty of the OUI charge! I was able to successfully suppress the open container of alcohol prior to trial and that charge was voluntarily dismissed by the Commonwealth.
Charge: Domestic Assault and Battery
The judge allowed our Motion to Dismiss, based upon a sufficient lack of evidence. My client was present and ready to fully defend the charges against him.
Charges: Possession of Class B substance (cocaine) with intent to distribute in a school zone, assault with a dangerous weapon (2 counts), failure to stop for police, resisting arrest, leaving the scene of an accident causing property damage
Result: Motion to vacate defendant’s convictions allowed and all charges dismissed.
I successfully argued that at the time my client offered a plea to these charges, his decision was not made willfully and with a full knowledge of the evidence against him. Prior to the plea, the Commonwealth failed to turn over key evidence against my client, which may have been exculpatory. The Commonwealth agreed and decided not to oppose our motion and the charges were dismissed.
Charges: OUI liquor/resisting arrest
Result: not guilty; jury trial and license saved.
The Commonwealth claimed that my client’s vehicle struck two parked cars because he consumed enough alcohol to impair his ability to drive a vehicle. They also alleged that prior to his arrest my client got into a fighting stance and resisted arrest. The officer’s noted a strong smell of alcohol and physical signs of impairment as well. After cross-examination, the jury returned a verdict of Not Guilty for both charges in less than 5 minutes!
Charges: OUI drugs (5th offense), resisting arrest, assault, disorderly conduct, and negligent operation.
Result: motion to dismiss allowed (all charges). Mandatory jail time avoided.
The Commonwealth claimed that my client was operating under the influence of drugs and tried to strike numerous police officers with her vehicle. I was able to successfully argue that my client was incompetent at the time of the alleged offenses. Further, I argued that she will never be competent to sit through a complete trial and that jail or hospital confinement was not warranted. The judge agreed and she was allowed to go home.
Charge: OUI drugs (2nd offense).
Result: motion to suppress testimony of drug recognition expert (DRE) allowed.
After her arrest for OUI Drugs (2nd Offense), the Commonwealth moved the court to allow a “DRE” to testify to the issue of drug impairment in this case. After a hearing, I was able to suppress any expert testimony from this witness at trial!