Commonwealth v. R.L. (Lynn District Court) – Massachusetts State Police

Charge:  Operating under the Influence 2nd Offense Result:  Not Guilty Client was stopped by a Massachusetts State Trooper for marked lanes violation.  The trooper asked for his license and registration.  The Trooper observed an odor coming from client’s breath, his eyes were bloodshot and glassy and his speech was slurred.  Trooper asked the client to exit his truck and perform field sobriety tests, the one legged stand and the 9 step walk and turn.  The client did not perform well on the one legged stand but performed real well on the 9 step walk and turn.  After cross examination, it
Read More

My daughter has a restricted driver’s license. How do we change the 12 hour period?

Additional Information: My daughter has a restricted license in MA due to a DUI that only allows her to drive from 7:00 a.m. to 7:00 p.m.   I have two questions. First, How can we change the hours to a different 12 hour period? And, second, what is likely to happen to her if she is pulled over driving outside of the designated hours?  Thank you. ATTORNEY ANSWER: As far as changing the hours you can go to a full service RMV office and change the hours. If she is caught operating outside her restriction she will most likely be charged
Read More

Commonwealth v. P.H (Plymouth District Court) 2011 – Kingston MA Police Department

Charge: Operating under the influence and Negligent Operation of MV Result: Dismissed Client was involved in a motor vehicle accident in Kingston, Massachusetts.  Police arrived and found the client outside of his motor vehicle with a female.  Client was bleeding from his head.  Client denied he was driving the motor vehicle although the female told the police that the client was driving.  Client was not arrested and was transported to the hospital where blood was drawn for medical purposes.  It yielded an alcohol content well above the legal limit. The government was unable to prove that client was operating the
Read More

Best OUI lawyer – Massachusetts, Plymouth County

“Best OUI lawyer I ever dealt with, straight up and very honest. lways calls you back and can answer all your questions . He got me off a 2nd offense. I highly recommend him.” Robert – Charged with OUI in Plymouth County, Massachusetts
Read More

Fantastic DUI Lawyer – Quincy, Massachusetts

“Attorney Milligan was excellent in helping to resolve an issue with the board of appeals regarding my C.D.L. He was recommended via another attorney as being one of the best in these matters. James Milligan Jr Esq. was accessible and accommodating. He even came to my home town to meet with me and go over where we were in the process. He returned all calls and addressed all issues. At the hearing James Milligan Attorney, was polite but firm and very knowledgeable about Mass. State laws and its subcodes. He won my case and went as far as to make
Read More

If my license is suspended because of an OUI can I still drive to work?

ADDITIONAL INFORMATION: I was arrested for OUI and think I might lose my license. Does Massachusetts law allow me to continue to drive to work?  If so, how do I proceed? ATTORNEY ANSWER: If you have been charged with a First Offense OUI or a Second Offense OUI (Prior offense being outside of 10 years) then after a plea or a guilty finding you can apply for a Hardship license (12 hour license – 7 days a week) for work purposes.  You will need to meet certain requirements before you can apply, but if you meet these requirements the RMV
Read More

Can I appeal the suspension of my driver’s license, even though the trial for my Massachusetts OUI charge has not happened yet?

ATTORNEY ANSWER: Yes, Under G.L. ch. 90, s. 24 (1)(g) if you have REFUSED the breath test you can within 15 days after your arrest have a hearing at the RMV in Boston to determine whether the suspension is valid.  If the appeal to the RMV is denied you can petition the District Court that you are charged in to review the RMV’s decision and they can reverse the suspension.   If you have FAILED (.08 or greater) there is no procedure to appeal your license suspension, but after the expiration of 30 days (if over 21) you can get your
Read More

OUI DUI Attorney – Brockton MA

“Attorney Milligan took my case when I had lost confidence in the initial attorney that I hired. One of the best qualities of Attorney Milligan are his communication skills, he consistently kept me informed. I also had a feeling throughout my case that I had a lawyer that had an extremely high level of understanding of the specific legal matters. While I did not get the verdict that Attorney Milligan or I was looking for, I feel that I was treated fairly and that I had the best possible defense and I would comfortably refer him to anyone that needs
Read More

Commonwealth v. K.H. – Plymouth District Court (Plympton MA Police Department)

Charge:            OUI-First Offense Result:            Not Guilty Client stopped for speeding during a winter storm.   Plympton police Roadway was snow covered and slick strong odor eyes glassy and bloodshot admission to drinking  finger to nose exited vehicle slowly, one leg stand and walk and turn did not complete, refused BT. Trial snow conditions were an issue casting doubt on validity of tests and the passenger girlfriend was sober and testified on his behalf that he was not impaired by alcohol.
Read More

Commonwealth v. S.Y. – Wrentham Distric Court (Norfolk MA Police Department)

Charge: OUI- First Offense Result: Not Guilty Client stopped for speeding 71 in a 50.  Pulled over with no problems.  Produced his license and registration with no problems.  Client admitted to consuming 8 beers, ut the officer did not ask over what time period he had consumed those beers.  Client asked to step from car and di so without any issues with balance.  Client was administered 4 field sobriety tests, however othe Horizontal Gaze Nystagmus (HGN) test was excluded prior to trial.  Other tests included the One legged Stand, the Finger to Nose Test and a 9 Step Walk and
Read More

Commonwealth v. D.S. – Brighton District Court (Boston Police Department)

Charge: OUI-First Offense Result: Dismissed Client was involved in a motor vehicle accident after a vehicle came into her lane of travel forcing her to collide with a parked motor vehicle.  A concerned citizen assisted the client out of the motor vehicle and called the police.  When the police arrived the client was outside of the motor vehicle.  The police report was silent as to any conversation that occurred between the client and the police.  The officer observed the client to be unsteady on her feet and have slurred speech and placed her under arrest.  At the station, field sobriety
Read More

Attorney James Milligan: Very professional and responsive. Highly recommend.

After searching and speaking with 4 attorneys to handle my DUI case, Attorney James Milligan became the clear choice. In my first meeting with him, he carefully reviewed my case and went over all the potential options/outcomes and gave me an honest assessment of his opinion regarding the facts of my case. He laid out what his strategy would be, my options for winning the case, and the downside/risks of potentially losing. He was extremely knowledgeable regarding the intricacies of the law and areas to challenge the charges in my case. Having never faced charges of any kind before, it
Read More

When will I lose my License as a result of refusing to submit to the Breath Test or as a result of failing the Breath Test (A reading of .08 or above)?

ATTORNEY ANSWER: The police department should have confiscated your Massachusetts Driver’s License. There are no longer temporary licenses issued. Your license is suspended immediately. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.
Read More

Commonwealth v. R.M. – Cambridge District Court

Charge:           OUI-First Offense Result:            Not Guilty Client was pulled over on Route 2 in Cambridge by a Massachusetts State Trooper for speeding.  The Trooper observed the client to show signs of being impaired by alcohol and as a result asked the client to exit his car.  The client refused to get out of his car (Unless you are placed under arrest there is no obligation to get out of your car).  The Trooper after several requests proceeded to CUT OUT the client’s seat belt and physically assisted the client from exiting the car. Client refused to take the breath test.
Read More

Commonwealth v. E.K – Cambridge District Court

Charge:           OUI-First Offense Result:            Case Dismissed Client was at a work function and had consumed a reasonable amount of alcohol and was driving numerous people home when she was pulled over.  Client had witnesses to confirm her whereabouts and alcohol consumption. On the trial date the government witnesses did not appear and the case was dismissed.
Read More

Restored my confidence

“After being arrested on my first DUI offense, I obtained a court-appointed lawyer at my arraignment. After one meeting, I knew I needed a specialist in order to feel well-informed and confident in my decision making. My friend found James M. Milligan, Jr. online and I called him right away. Attorney Milligan first impressed me by answering his own phone on the second ring. I expected to speak to a paralegal or get voice mail since my number would not be recognized on my first call. He proceeded to listen carefully to my situation and offered to meet with me
Read More

How long will I lose my license if I refused to take the breath test? Or failed the breath test?

ATTORNEY ANSWER First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime. Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts. Once your refusal failure suspension has expired, you are eligible to get your full license back for a reinstatement fee regardless of whether your case is still pending in court. If however, you decide to admit to the offense or go to trial
Read More

Review of Attorney James Milligan

“Attorney Milligan did a great job with getting my DUI dismissed. A first time offense for me, after initially reviewing my case with Atty Milligan he advised me that he thought it was one worth fighting given the facts of the case. I decided to do so and, although a long process with motions, etc., in the end it was worth it and the case was eventually decided in my favor. I can now get my life back in order and put it past me. Atty Milligan’s expertise with DUI cases was the key factor in all of this.” John,
Read More

Massachusetts DUI Specialist

“Attorney Milligan was extremely knowledgeable about Massachusetts DUIs as he specializes in them. He was very upfront about what he thought about the case and the outcome after he reviewed the facts. He was a little more than some other lawyers I talked to but the cost is worth it to have a lawyer that specializes in Massachusetts drunk driving and knows every avenue he can take before actually going to trial. My case took a while but I never had to go to trial. I felt completely confident in his hands.” DUI Client, Norfolk County, MA
Read More

What happens after I’m arrested for OUI in Massachusetts ?

ANSWER: Contact us as soon as possible and prior to your Drunk Driving (OUI, DUI, DWI) arraignment, if possible. If you are not represented at the arraignment, the court will enter a plea of not guilty on your behalf or you should indicate to the Court if asked that you want to enter a plea of not guilty. The Court will then give you a date to return to court for a pre-trial conference. You should request a date in approximately two weeks.. There are no temporary licenses issued anymore. If you refused the breath test, you have 15 days
Read More

Commonwealth v. E.D – Quincy District Court

Charge:          OUI-Second Offense Result:           Not Guilty Weymouth police responded to a call alleging the client left the scene of an accident.  Witnesses observed the client’s vehicle scrape the other vehicle at the restaurant and got the registration of the motor vehicle.  The client lived just around the corner from the restaurant.  They knocked on the door and his wife let the Weymouth Police into the home.  They engaged the client in conversation noticing an odor of alcohol and problems with his speech. The Weymouth Police asked the client to perform Field Sobriety Tests in his pajamas and slippers and it
Read More

Massachusetts DUI Lawyer Review

“When I was charged with DUI I was unaware about the new DUI laws in Massachusetts. Because I had prior offenses over twenty years ago, I was being charge for a third offense and was facing mandatory jail time if convicted. In addition because I did not take the breathalyzer my license was immediately revoked. If I was convicted, my life would be turned upside down.I knew I would have to go to trial and I needed an Attorney who specializes in defending Massachusetts DUI cases. I did a lot of research to find the best attorney to handle my
Read More

What is the First Offenders Program or 24D Program?

ANSWER: It is a driver alcohol education program wherein a person charged with a first offense OUI attends a class that usually meets one time a week and continues for a period of usually 16 weeks. The 24D program costs approximately $600.00.
Read More