Commonwealth of Massachsuetts v. R.B. – Fitchburg District Court– Hubbardston Police Department

Charge: OUI, Speeding Result: OUI- Not Guilty Client was stopped by police for speeding. Officer noticed the client’s speech was slurred when answering questions. Client admitted to having one vodka drink when asked. Officer administered a series of field sobriety tests. Client had difficulty performing all assessments. Client was given a PBT with readings of .098 and .101 and was placed under arrest. Client was given a chemical breath test during the booking process with readings of .092 and .095. The breath test was excluded for failure to follow protocols. The breath test was the strongest aspect of the case
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Commonwealth v. G.S. – Wareham District Court– Bourne State Police

Charge: OUI, Marked Lanes Violation Result: OUI- Not Guilty Client’s vehicle was spotted weaving from side to side within the lane and was stopped by police. Officer approached the vehicle and immediately noticed the client’s eyes were bloodshot, glassy, and he had difficulty keeping them open. The officer also detected an overwhelming odor of an alcoholic beverage emanating from within the car, and it appeared to get stronger as the client spoke. Client spoke with heavily slurred speech and admitted to having a few beers when asked. Client was asked to exit the vehicle and was unsteady on his feet
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Commonwealth v. B.T. – Attleboro District Court– Mansfield Police Department

Charge: OUI, Negligent Operation of MV, Speeding, Marked Lanes Violation Result: OUI- Not Guilty Client was stopped after an officer determined his vehicle to be driving erratically and operating at a very high rate of speed in bad weather conditions. Officer approached the vehicle and detected a distinct odor of an alcoholic beverage coming from within the vehicle. Officer observed the client’s eyes to be very glassy. Client stated he had a couple of beers when asked. Client was asked to exit the vehicle and was unsteady on his feet when doing so. Officer administered a series of field sobriety
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Commonwealth v. M.P. – Quincy District Court– State Police

Charge: OUI Result: OUI- Not Guilty Client was observed speeding and making several marked lanes violations and was stopped by police. Officer approached the vehicle and immediately detected a strong odor of an alcoholic beverage emanating from within the vehicle. Officer observed the client’s eyes to be bloodshot and glassy, and he spoke with slurred speech when responding to questions. Client admitted to having three mixed drinks earlier that evening when asked. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and was placed under arrest. Client consented to a breath test during the booking
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Commonwealth v. D.C. – Dedham District Court– Wellesley Police Department

Charge: OUI, Operating to Endanger, Marked Lanes Violation Result: OUI- Not Guilty Client (College Student) was involved in a one car motor vehicle crash. Officers arrived and noted there were four males in the vehicle which appeared to be alert and conscious. As the officer spoke with the client he detected an odor of an alcoholic beverage coming from the vehicle. Officer began to question the passengers of the vehicle who stated they believed the client had been drinking earlier in the evening. Client admitting to having consumed alcoholic beverages when asked and that he fell asleep while driving. Client
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Commonwealth v. R.H. – Marlborough District Court– Marlborough Police Department

Charge: OUI 3rd Offense, Marked Lanes Violation Result: OUI- Not Guilty Client was stopped by police for driving over a median and into the opposing lane. Officer detected a strong odor of an alcoholic beverage emanating from the client’s breath while speaking with him. Officer also observed the client’s eyes to be bloodshot and his speech was slightly slurred. Client admitted to having consumer four alcoholic beverages when asked. Client was asked to exit the vehicle and was unsteady and lost his balance while doing so. Officer administered a series of field sobriety tests. Client could not complete any of
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Commonwealth v. B.W. – Woburn District Court– Andover State Police

Charge: OUI 2nd Offense Result: OUI- Not Guilty Client was stopped at a sobriety checkpoint. Officer observed the client’s eyes to be glassy and red and his speech was slurred. Officer also detected the odor of an alcoholic beverage emanating from the client’s breath. Client admitted to having one beer when asked by the officer. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments. Client refused the portable breath test and was placed under arrest. Sobriety checkpoint cases are generally strong cases because there is no form of erratic driving. This was the case in
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Commonwealth of Massachusetts v. S.H. – Plymouth District Court– Plymouth Police Department

Charge: Operating Under the Influence Result: OUI- Dismissed; Cop did not show up Police responded to a report and found the client passed out in his car with the engine running. Officer immediately detected an odor of an alcoholic beverage emanating from the client’s breath, and observed his eyes to be bloodshot. Client admitted to having three beers when asked, and his speech was slurred when answering questions. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest. This case is yet another example of trying everything we can to defend a case
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Commonwealth v. L .P. – Brockton District Court– Brockton Police Department

Charge: OUI Result: OUI- Not Guilty Client was stopped by police for failing to remain within the marked lane of travel. Officer approached the vehicle and detected a strong odor of an alcoholic beverage emanating from the client’s breath when she spoke. Client admitted to having two beers when asked by the officer. Client was asked to exit the vehicle and lost her balance upon doing so. Officer also noticed the odor of an alcoholic beverage had become stronger. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest. This was a case
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Commonwealth v. M.W. – Attleboro District Court– Mansfield Police Department

Charge:   Operating Under the Influence Result:  OUI- Not Guilty Client was stopped by police for running a red light. Officer approached the vehicle and immediately detected a strong odor of alcohol coming from within the vehicle. Client’s speech was slurred and his movements were slow and fumbled. Officer also observed the client’s eyes to be glossy and bloodshot. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments. Client would not consent to a portable breath test and was placed under arrest. The client indicated to the officer that he thought the light was yellow, not
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Commonwealth v. A.S. – Worcester DC – Northborough Police Department

Charge: OUI 2nd Offense, Negligent Operation of Vehicle, Marked Lanes Violation, License Suspended/Revoked, Number Plate Violation, Failure to Stop/Yield Result: OUI-Not Guilty Client was stopped by police after reports were made of an erratic driver. Officer spoke with the client and detected a moderate odor of an alcoholic beverage coming from his breath. Client stated he had one beer forty minutes prior to this occurrence when asked. Officer administered a series of field sobriety tests. Client did not complete all assessments according to the directions given by the police officer. Client consented to a PBT with a reading of .136
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Possible Massachusetts DUI OUI Convictions Since 2011 Overturned

On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued  findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance. This investigation comes on the heels of allegations from Attorney Jay Milligan and others that members of the OAT willfully violated court orders to produce certain documents pursuant to the statewide litigation earlier in the year.  Commonwealth v. Ananias et al.  Secretary Bennett in their review of OAT’s response to the discovery motions  filed in the Ananias litigation
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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys

A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with operating under the influence in Massachusetts, and perhaps thousands of others. If you were convicted of an OUI in Massachusetts prior to 2016 and a breathalyzer test was used as evidence in your case, the accuracy of your breathalyzer test could be in question and
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Commonwealth v. A.E. – Woburn DC – Wilmington Police Department

Charge: OUI, Speeding Result: OUI-Not Guilty Client was stopped for speeding. Officer approached the vehicle and immediately detected a strong odor of an alcoholic beverage coming from inside the vehicle. Officer observed the client’s eyes to be glassy and bloodshot, and it was noted that the client was slurring his speech. Officer administered a series of field sobriety tests. Client had difficulty performing all assessments and was placed under arrest. Client consented to a breath test with readings of .178, .08, and .188.
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Commonwealth v. M.C. – Brockton DC – Middleboro State Police

Charge: OUI, Marked Lanes Violation, Speeding Result: OUI-Not Guilty Client was stopped by police as a result of speeding and crossing over the marked lane on multiple times. Officer approached the vehicle and observed the client’s eyes to be glassy and bloodshot. Officer detected a moderate odor of an alcoholic beverage emanating from the client’s breath. Client admitted to having a few drinks when asked. Client was unsteady on his feet when exiting the vehicle. Officer administered a series of field sobriety tests. Client had difficulty performing all assessments and was placed under arrest.
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Commonwealth v. M.C. – Falmouth DC – Bourne State Police

Charge: OUI, Negligent Operation of Vehicle, Marked Lanes Violation Result: OUI-Not Guilty Officer spotted client’s vehicle swerving off the roadway. Officer approached the vehicle and detected an overbearing odor of an alcoholic beverage emitting from the client’s breath. Client’s eyes were observed to be glassy and bloodshot and his speech was slurred. Client admitted to having consumed three beers when asked. Officer administered a series of field sobriety tests. Client was unsteady on his feet upon exiting the vehicle and failed all assessments. Client was placed under arrest and consented to a breath test with readings of 0.079, 0.078, and
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Commonwealth v. Z.Z. – Hingham District Court – Hingham Police Department

Charge: OUI, Marked Lanes Violation, Speeding, Operating to Endanger Result: OUI-Dismissed Client was seen speeding and crossing over the solid white fog line multiple times. Officer approached the vehicle and observed the client’s eyes to be very red, glassy, and bloodshot. Officer also detected a strong odor of alcoholic beverage emanating from the client. Client stated he had two beers earlier that evening when asked. Officer asked the client to exit the vehicle and he was unsteady on his feet upon doing so. Officer administered a series of field sobriety tests. Client had difficulty performing all assessments and was placed
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Commonwealth v. T.R. – Milford DC – Hopedale Police

Charge: OUI, Negligent Operation of Vehicle, Lights Violation, MV Result: OUI-Not Guilty Client was stopped by police after operating a vehicle with no headlights. Officer approached the vehicle and immediately detected a strong odor of alcoholic beverage emanating from within the vehicle. Officer observed the client’s eyes to be glassy and bloodshot and the odor of an alcoholic beverage became stronger as the client spoke. Client refused to complete any of the field sobriety tests and was placed under arrest.
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Commonwealth v. J.M. – Falmouth DC – Bourne State Police

Charge: OUI Drugs 2nd Offense, Negligent Operation of Vehicle, Inspection/Sticker, NO Result: OUI-Dismissed Client was stopped by an Officer when it was noticed that his car displayed a rejected inspection sticker. Officer approached vehicle and immediately observed an overwhelming odor of marijuana emanating from the vehicle. Officer also detected a slight odor of alcoholic beverage emanating from the client as he spoke. Client admitted to having smoked marijuana about a half hour prior to this occurrence. Client’s eyes were bloodshot and glassy. Client was asked to exit the vehicle and was unsteady on his feet upon doing so. Officer administered
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Commonwealth v. A.B. – Brockton DC – West Bridgewater Police Department

Charge: OUI, Marked Lanes Violation, Alcohol in MV Result: OUI-Dismissed Client’s vehicle was scene committing numerous marked lanes violations. Officer approached vehicle and immediately detected an overwhelmingly strong odor of alcoholic beverage on his breath. Officer also observed the client’s eyes to be glassy and bloodshot and he spoke with slurred speech. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest. During an inventory of the vehicle two cold open bottles of beer were discovered.
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Commonwealth v. R.S. – Falmouth DC – Bourne Police Department

Charge: OUI, Negligent Operation of Vehicle Result: OUI-Not Guilty Client was observed speeding and swerving between lanes. Officer approached vehicle and detected a strong odor of alcoholic beverage emanating from within the vehicle. Client’s eyes were severely glassy and bloodshot, and his speech was slurred. It was also noted that the client avoided making eye contact with the officer. Officer observed two different open alcoholic containers in the client’s vehicle. Client admitted to drinking alcohol when asked. Client was asked to exit the vehicle and was unsteady upon doing so. Officer administered a series of field sobriety tests. Client passed
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OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers

OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol Testing handed over about 2,000 documents, most of which showed proper calibration. The lawyers say the state withheld similar documents in a separate case this month that ultimately showed flawed results. They say the documents they are missing may also show calibration problems. The state says
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Commonwealth v. R.M. – Worcester DC – Mendon Police Department

Charge: OUI, Marked Lanes Violation Result: OUI-Not Guilty Client was spotted swerving across lanes and driving erratically. Officer approached the vehicle and observed the client’s eyes to be glassy and bloodshot. Officer also detected a moderate odor of alcoholic beverage on the client’s breath when speaking with him. Client stated he had three beers earlier that night when asked. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments. Client consented to a PBT with a reading of .168 and was placed under arrest.
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Commonwealth v. M.P. – Dedham DC – Norwood Police Department

Charge:   OUI, Marked Lanes Violation Result:  OUI-Not Guilty Officer noticed Client’s vehicle approaching his position from the rear. Client was traveling at a high rate of speed and made several quick movements between the lane of travel and the adjacent lane. Client was then stopped by police. Officer approached the vehicle and detected a moderate odor of alcohol coming from within the vehicle and observed the Client’s eyes to be glassy and bloodshot. Officer observed client’s speech to be slow and slurred when questioning her. Client stated she had one glass of wine when asked if she had consumed alcohol
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Commonwealth v. V.P. – Waltham DC – Brookline Police Department

Charge: OUI Result: OUI-Not Guilty Client was stopped by police after having knocked down a street sign while driving. Officers immediately detected a strong odor of alcohol when speaking to the client Client stated he had consumed two or three drinks earlier that night when asked. Client was unsteady upon exiting his vehicle. Officers administered a series of field sobriety tests. Client was unable to follow directions and had difficulty completing all assessments. Client was placed under arrest and consented to a breath test with a reading of .20.
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