December 2009

Orleans District Court– The client was described by the officer as going at a very high rate of speed. The officer indicated that the client had red, watery eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and finger to nose.  – DISMISSED

Wareham District Court– The police officer testified that he driving on a rotary when the client entered from the right, cutting him off and causing him to slam on his brakes. The officer pulled the client over and testified the client was slurring his words, had bloodshot and glassy eyes and smelled of alcohol. He failed the one leg stand, Walk and Turn test, counting test and alphabet test. – NOT GUILTY

Concord District Court– The police responded to the report of an accident. They found the client in the drivers seat. The car had struck a pole and cut it in half. The client was removed from the car with the jaws of life and taken to the hospital. The officer testified the client was slurring her words (and added she had a mouth injury), had bloodshot and glassy eyes ( and added that she had been crying) and smelled of alcohol. He was examined by EMT's who transported him to the hospital. The hospital blood test of which equated to. 23 was excluded  – NOT GUILTY

 

November 2009

Quincy District Court– The police officer saw a car enter the roadway at a high rate of speed and fishtailed during the turn. The officer turned on his emergency lights. The car did not stop and was chased by two cruisers at speeds over 100 MPH. The client eventually stopped and wad ordered to the ground at gunpoint. He told the officers that he was fleeing from 6 –7 kids that had jumped him. He dad scraped knees and elbows, a black eye and facial bruising. He was arrested and taken to the station where he tried to take a breath test but had to be taken to another station since their machine was not working. He then took the breath test with a reading of .11. The officer testified he had bloodshot and glassy eyes, slurred speech and smelled strongly of alcohol. He was examined by EMT's at the station.  – NOT GUILTY of Operation under the influence and a HUNG JURY on the breath test being above .08

Wrentham District Court– The client was found getting out of a disabled car in the parking lot of a bank. She had two flat tires and told the officer that she had called AAA. He offered her a ride to the station and when she got into the cruiser he noticed an odor of alcohol and slurred speech. She told him she had consumed 3 glasses of wine. The client produced her license and registration without difficulty. She failed the alphabet and the walk and turn test.  – NOT GUILTY

Framingham District Court– The police responded to the report of an accident. They found the client getting out the driver's side of a car with heavy damage. The officer testified the client was unsteady, had bloodshot and glassy eyes and smelled strongly of alcohol. He was examined by EMT's who transported him to the hospital. They testified that he did not smell of alcohol, spoke normally and was not unsteady. The ER doctor also testified that he did not seem impaired. The hospital blood test of which equated to .13 was excluded  – NOT GUILTY

Plymouth District Court– The officer was dispatched to an accident where one of the drivers had left the scene of the accident. A witness took down the plate of the car and the police went to the clients house. They found the client outside his house. The officer said his speech was slurred, he had bloodshot glassy eyes and smelled strongly of alcohol. He passed the alphabet test, did not do the one leg stand due to a bad hip and tried but failed the walk and turn. A video at the station contradicted the officers description of him at the scene. He plead to the leaving the scene charge and went to trial on the OUI charge.  – NOT GUILTY

Plymouth District Court– Client was found stopped at a red light and did not proceed when the light turned green. The officer approached the car and knocked on the window. The client awoke and began to drive away with the officer running next to the truck. The client drove across the intersection and pulled into a construction site. The officer observed a strong odor of alcohol and that the client was mumbling incoherently. He stumbled out of the truck and almost fell over. His eyes were bloodshot and glassy. The officer arrested him and took him to the station. A videotape at the station contradicted the officers testimony of his condition.  – NOT GUILTY

 

October 2009

Worcester District Court– The client was stopped for straddling the center line on a two lane divided road. The officer testified the client had red, bloodshot eyes, slightly slurred speech and smelled of alcohol. The client produced his license and registration without difficulty, admitted drinking and was told to get out of the car. He was not unsteady walk to the back of the car but bumped into the rear fender. He failed the one leg stand and the 9 step walk and turn test.  – .11% breath test  – NOT GUILTY

Hingham District Court– The police officer responded to a report of an accident. He found the car off the road, locked an no one around. He found the client ½ mile away with keys in his pocket. The client said someone else was driving. The client admitted to drinking, was unsteady on his feet, had bloodshot eyes, slurred speech and a strong odor of alcohol on his breath.  – NOT GUILTY

Plymouth District Court– Client was stopped after the officer observed the client make a wide right turn out of a restaurant parking lot. The client pulled over without a problem. The officer observed an odor of alcohol and that the client was unsteady. He also testified the client could not pass a one leg stand, walk and turn or alphabet test  – NOT GUILTY

Wareham District Court– The police were dispatched to a motor vehicle accident and found the client outside a motor vehicle. He had knocked over a utility pole. The officer testified that the client had glassy eyes, was unsteady on his feet and smelled strongly of alcohol. He also testified the client could not pass a counting or walk and turn test but was able to say the alphabet.  – NOT GUILTY

Plymouth District Court– The police were dispatched to a motor vehicle accident and found the client outside a motor vehicle. He said there were other people in the vehicle but would not give any more information. The officer wrote that the client had bloodshot eyes, slurred speech, was very unsteady on his feet and needed assistance to stand. – DISMISSED

Belchertown District Court– The client was described by the officer as weaving and crossing the lanes. The officer indicated that he had slurred speech, bloodshot, glassy eyes, and smelled strongly of alcohol. The client admitted drinking, produced his license and registration without difficulty and was told to get out of the car. – .17% breath test  – NOT GUILTY

Framingham District Court– The client was found in a closed recreation area urinating outside his car. The officer observed a strong odor of alcohol, bloodshot glassy eyes and very slurred speech. He failed the one leg stand, and alphabet test and passed a counting test.  – .16% breath test  – DISMISSED

 

September 2009

Orleans District Court– The client was described by the officer as driving over the center and fog line repeatedly. The officer indicated that the client had slow and deliberate speech, glassy eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and passed a counting test and alphabet test.  – .13% breath test  – DISMISSED

Natick District Court– The client was described by the officer as weaving between the lanes. The officer indicated that he had bloodshot, glassy eyes, and smelled of alcohol. The client admitted to 4 or five beers, produced his license and registration without difficulty and was told to get out of the car. He failed the One Leg stand and Walk and Turn test.  – .13% breath test  – NOT GUILTY

Marlboro District Court – The client was found parked on a Rte. 495 off ramp. The officer indicated that the client had bloodshot, glassy eyes and smelled strongly of alcohol. The client admitted to 1 glass of wine with dinner. She failed the One Leg Stand, Walk and Turn, alphabet, counting and finger to nose test.  – .16% breath test  – NOT GUILTY

Plymouth District Court– Client was stopped after the officer saw him cross the line and almost strike another vehicle. He fumbled for his registration. The officer wrote that the client had bloodshot eyes, slurred speech and smelled of alcohol.  – NOT GUILTY

 

August 2009

Dedham District Court– The client was weaving in and out of 3 lanes, according to the officer. The officer testified the client had heavily bloodshot and glassy eyes, slurred and thick speech and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, the 9 step walk and turn an a counting test. The officer testified he told the officer he was guilty and knew he had too many but couldn't get a cab.  – NOT GUILTY

Woburn District Court– The client was stopped for swerving out of his lane 2 times. The officer indicated that the client had bloodshot, glassy eyes and smelled of alcohol. The client produced his license after fumbling for it and registration without difficulty and was told to get out of the car. According to the police report he failed the one leg stand and walk and turn test. .07% breath test  – NOT GUILTY

Plymouth District Court– Client was approached after a witness call the police about a motor vehicle running over a number of mailboxes. The officer went to a house where the client answered the door and appeared intoxicated. The officer wrote that the client had bloodshot eyes, slurred speech, smelled of alcohol and was unsteady. The client admitted driving but all of her statements were suppressed. .24 % breath test  – NOT GUILTY

Lawrence District Court– The client was described by the chief of police as weaving across 3 lanes and stopped for no reason in the middle of the road. The officer wrote the client had bloodshot and glassy eyes, slurred and thick speech and smelled of alcohol. The client fumbled for and produced his license and registration . He stated he had 4 drinks at a Chinese restaurant. He failed the Walk and Turn test.  – .10% breath test  – DISMISSED

 

July 2009

Lynn District Court– The client was described by the officer as driving 90 mph in the travel lanes and 80 mph in the breakdown lane. The officer indicated that the client had slurred speech, bloodshot glassy eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He failed the one leg stand, Walk and Turn test and passed a counting test.  – .10% breath test  – NOT GUILTY

East Brookfield District Court– The client lost control of his motorcycle and was found unconscious near the bike. He smelled of alcohol and was life –flighted to the hospital where they took his blood. The test revealed a high blood alcohol content.  – NOT GUILTY

Woburn District Court– The client was described by the officer as repeatedly crossing the marked lanes. The officer indicated that the client had bloodshot, glassy eyes and smelled of alcohol. The client produced her license and registration without difficulty and was told to get out of the car. According to the police report she failed the one leg stand, walk and turn, alphabet and counting backwards test.  – CASE DISMISSED

New Bedford District Court– The client was found by the officer slumped over the wheel. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test.  – NOT GUILTY

Wrentham District Court– The client was described by the officer as driving erratically. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test.  – .13% breath test  – CASE DISMISSED

 

June 2009

Fitchburg District Court– The client was stopped using the breakdown lane a construction site. The officer indicated that the client had very slurred speech, extremely glossy and red eyes and smelled very strongly of alcohol. The officer also indicated that the client was swaying as he stood. He also wrote that the client could not pass a one leg stand and walk and turn test and during the alphabet had to think before stating each letter  – NOT GUILTY

Brockton District Court– The police responded to a report of an accident. They responded to the location and found the client inside his car. Despite passing two of two field sobriety tests the client was still arrested.  – NOT GUILTY

 

May 2009

Plymouth District Court– Client was stopped after the officer observed him drive over the marked lanes. He testified the client had bloodshot eyes, slurred thick speech, smelled of alcohol and was unsteady after he got out of the car. He also testified the client could not pass a counting, one leg stand, walk and turn and finger to nose test  – NOT GUILTY

Plymouth District Court– Client was stopped after the officer observed her swerving in and out of her lane. The officer testified the client had bloodshot eyes, slurred thick speech and smelled of alcohol. He also testified the client could not pass a counting, , walk and turn and alphabet test  – NOT GUILTY

 

April 2009

Plymouth District Court– MOTOR VEHICLE HOMICIDE– The client was charged with motor vehicle homicide by negligent operation. The client drove into a torrential rainstorm and struck a large puddle that caused her vehicle to veer into oncoming traffic. Her passenger died as a result of the collision. The government prosecuted based upon witness statements that described her as going real fast (up to 55 mph) in a 40 zone. The defense expert testified that the accident happened so fast that none of the witnesses would be able to judge speed given the small amount of time they had to observe.  – NOT GUILTY

Wareham District Court– The client was the passenger in a truck involved in a 2 car accident. He told the police that he was driving to protect his sister. He took and failed the field and breath tests. His sister testified that in fact she was driving. – NOT GUILTY

Dudley District Court– The client was described by the officer as driving 80 in a 65 and swerving all over the road. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. The officer wrote that he was unsteady on his feet and wrote that the client failed the alphabet test.  –CASE DISMISSED

Wareham District Court– The client was stopped for crossing the center lane numerous times and driving up onto the sidewalk. The officer testified the client smelled of alcohol and was unsteady on her feet. She failed the alphabet and finger to nose test  – NOT GUILTY

 

March 2009

Orleans District Court– The client was stopped for crossing the double yellow lines. The officer testified he took a wide turn into a side street once the lights went on. The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The officer also indicated that the client was unsteady walking and leaned on his truck foe balance. Once arrested the client became verbally abusive to two officers.  – NOT GUILTY

Wrentham District Court– The client was described by the officer as driving erratically.The officer indicated that the client had slurred speech, bloodshot eyes and smelled strongly of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. She failed the one leg stand, alphabet and the finger to nose test.  – .13% breath test  – CASE DISMISSED

Framingham District Court– A cell phone caller describes the clients vehicle as swerving and operating without headlights. The officer found the vehicle parked half on someone's lawn. He noticed she smelled of alcohol and had slurred speech. She admitted to 2 glasses of wine. She was not given field tests due to severe weather conditions.  – NOT GUILTY

Plymouth District Court– Client was found hunched over his motorcycle after a civilian called in that the client had struck his car and left the scene. The officer testified that the client smelled of alcohol but due to injuries was taken to the hospital.  – NOT GUILTY

Plymouth District Court– Client was stopped for speeding and crossing the center line. The officer arrested him on an outstanding warrant (which turned out not to be him) and after he got him out of the car he noticed that he smelled of alcohol  – NOT GUILTY

 

February 2009

Orleans District Court– The officer wrote in his report that the client was straddling the center line and that he had to swerve to avoid the clients car. He wrote his speech was slurred and smelled of alcohol. He wrote that he failed the alphabet, one leg stand, counting backwards and the 9 step walk and turn test.  – CASE DISMISSED

Orleans District Court  – The client was stopped for going back and forth between the travel and passing lanes. The officer testified he was slow to pill his car over. The officer wrote in his report that the client failed the alphabet test three times and testified that the client could not keep his foot in the air for more than 3 seconds  – NOT GUILTY

Dedham District Court– The client was asleep in his car in the parking lot of a closed business. The officer testified the client had red, bloodshot eyes and smelled of alcohol. The client produced his license and registration without difficulty and was told to get out of the car. He stumbled getting out of the car. He failed the one leg stand and the 9 step walk and turn test but passed the alphabet test  – .13% breath test  – NOT GUILTY

Stoughton District Court– The police officer responded to a 3 car accident. The officer's report indicated the client was swaying and smelled of alcohol. He passed the alphabet but had difficulty counting backwards.  – CASE DISMISSED

 

January 2009

Hingham District Court– The police officer responded to complaints from a cell phone caller and observed a vehicle straddling the center line and had to swerve out of the way of the vehicle. The client admitted to 5 or 6 beers, was unsteady on his feet, had bloodshot eyes and a strong odor of alcohol on his breath.  – NOT GUILTY

Hingham District Court– The police officer responded to an accident. The driver was outside the car and had chest pains and a bloody nose The officer testified the client had bloodshot eyes and smelled of alcohol. He failed the alphabet, one leg stand and the 9 step walk and turn test. .09% breath test  – NOT GUILTY

Milford District Court– The client was stopped for crossing the lanes numerous times. The officer testified the client had bloodshot eyes and smelled of alcohol. He fumbled for his license. He failed the one leg stand and the 9 step walk and turn test. .08% breath test  – NOT GUILTY

Worcester District Court– The client was stopped for straddling the center line and speeding. The officer testified the client had red, bloodshot eyes, slightly slurred speech and smelled of alcohol. The client produced his license and registration without difficulty, admitted drinking and was told to get out of the car. He was not unsteady walk to the back of the car. He failed the finger to nose, one leg stand and the 9 step walk and turn test.  – NOT GUILTY

Plymouth District Court– Client was stopped after the trooper observed him drive over the curb with both passenger side tires. The trooper testified the client had bloodshot eyes, slurred thick speech, smelled of alcohol and was unsteady after he got out of the car. He also testified the client sang the last half of the alphabet, refused the one leg stand due to injured knees and failed the walk and turn test  – .15% breath test  – NOT GUILTY

Plymouth District Court– Client was stopped after the trooper observed him drive over the curb with both passenger side tires. The trooper testified the client had bloodshot eyes, slurred thick speech, reeked of alcohol and was wobbly when he got out of the car. He also testified the client was uncooperative.  – NOT GUILTY