Review for DUI Attorney James Milligan

“Jay was the most professional attorney I have ever used. His knowledge and expertise was amazing. I felt completely confident in him throughout the entire case. He is trustworthy and respected by the judges and all of the court staff. He was reassuring and confident and got us a victory in the end and it was amazing to watch him in action. We just love him.” Jean – Barnstable County, MA
Read More

Commonwealth v. R.M. – Hingham District Court

Charge:           OUI-First Offense Result:            Not Guilty Client was on his Harley Davidson motorcycle in Rockland and was traveling well in excess of the speed limit and had apparently traveled through a red light in the process.  The officer activated his lights and noticed the client was unsteady on his feet and he put the bike on its stand.  The client produced his license and registration with no problems but the officer observed the client to have red/glassy eyes and problems with his speech.  The client did not perform well on the field tests but was able to provide reasonable explanations
Read More

What happens after I am arrested in Massachusetts for drunk driving?

ATTORNEY 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
Read More

The Best DUI Defense Attorney in Massachusetts

“Upon finding myself facing a conviction for a Massachusetts DUI 2nd offense, I needed to find the best DUI defense against these charges. I did extensive research interviewing multiple Massachusetts DUI Attorneys, and determined that Attorney Milligan was without any question, the Attorney I should hire.This was the best decision I ever made, as the Jury found me NOT GUILTY after only 20 minutes. I failed two field sobriety test, was unsteady on my feet, smelled of alcohol, and my eyes were blood shot. The State had a Civilian witness and a State Trooper testifying that I was all over
Read More

Massachusetts Drunk Driving Lawyers

Massachusetts drunk driving lawyer, Attorney James Milligan is one of just a few attorneys in Massachusetts who is board certified in drunk driving defense by the American Bar Association. Concentrating his practice entirely on Massachusetts drunk driving defense, OUI defense, DUI defense, and DWI defense, Attorney Milligan is often the best resource for other lawyers representing a client charged with drunk driving in Massachusetts. If you’ve been charged in Massachusetts with drunk driving or operating under the influence of alcohol you need an attorney who specializes in Massachusetts drunk driving defense. Finding the best dui lawyer in Massachusetts can mean
Read More

Awesome Massachusetts OUI Attorney

“Mr. James M. Milligan is a very knowledgeable lawyer, very aggressive as well as getting his point across.. Mr.Milligan also made me feel comfortable even at the worst of times.” D. Veale, Norfolk County, MA
Read More

Commonwealth v. P.S. – Plymouth District Court

Charge:           OUI-First Offense Result:             Dismissed Client was pulled over in Halifax for going through a redlight and committing a marked lane violation.  The client pulled over with no problem.  The officer approached the client and made some observations consistent with alcohol.  The Halifax officer asked the client to perform some field sobriety tests, which he performed reasonably well.  Client refused to take the breath test. At trial, the government was unable to proceed resulting in a dismissal.  Client had no record .
Read More

What is CWOF in a Massachusetts drunk driving case?

ATTORNEY ANSWER: A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.
Read More

If I fight my case, do I need to take the stand to testify?

ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.
Read More

2010 DUI Defense Attorney

“James (Jay) was a great lawyer for me. He always kept me in the loop with what was happening with my Massachusetts OUI case and what could happen with all scenarios. He walked through the case and what would be happening and what I needed to do as well. His expertise in Massachusetts DUI defense was crucial in my case. I would highly recommend him and his team to anyone who needs help defending DUI case.” Steve – Plymouth County, MA
Read More

Commonwealth v. S.B. – Hingham District Court

Charge:          OUI-3rd Offense Result:           Not Guilty Client was stopped at a Massachusetts Sobriety Checkpoint in Hingham.  The screening State Trooper observed an open container in the vehicle and the passenger appeared to be intoxicated.  The client was asked to perform Field Sobriety Tests and performed extremely well on the tests.  Nevertheless, the client was placed under arrest for OUI and having an Open Container in his vehicle.  The Client refused to take the breath test.
Read More

What is CWOF?

ANSWER: A CWOF means a Continuance Without a Finding. A CWOF is not a conviction, but the court will continue the case for a period of time and at the end of that period the case will be dismissed. However, for purposes of a Drunk Driving (OUI, DUI, DWI) it is considered a first offense and another offense will constitute a second offense with heightened penalties.
Read More

Commonwealth v. P.H – Quincy District Court

Charge:           OUI-Fourth Offense Result:             Not Guilty Client was stopped by the Weymouth Police for marked lanes violations.  The Weymouth police officer asked for a license and registration which he produced with no difficulty.   The officer asked him to perform field sobriety tests which he did not complete to the officer satisfaction.  The client refused to take the breath test. At trial, through cross examination that the client actually did fairly well on the Field Sobriety Tests and showed mental acuity.
Read More

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

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 and are
Read More

Commonwealth v. D.V. – Attleboro District Court

Charge:           OUI-Second Offense Result:             Case Dismissed Client was stopped by a Massachusetts State Police Officer for weaving and nearly hitting a jersey barrier.  The trooper approached and noticed sign of impairment.  The client failed the Field Sobriety Tests and was placed under arrest.  Client refused to take the breath test. At trial the government was unable to proceed on the trial date, thus the case was dismissed.
Read More

Commonwealth v. K.A, – Northhampton District Court

Charge:          OUI-First Offense Result:           NOT GUILTY Massachusetts State Police arrested this client for Operating under the Influence of Alcohol.  This was a Mother coming from a St. Patrick’s Day celebration.  She consumed a responsible amount of alcohol and was upset regarding some family matters as she was speeding.  She pulled her vehicle over close the travel lane, but she was driving a large unfamiliar truck. After being stopped, she was cooperative with the Trooper.  The Trooper observed that she had difficulty producing the Registration, but the vehicle was not hers.  The Trooper noted an odor of alcohol, that her eyes
Read More

Commonwealth v. J.B – Waltham District Court

Charge:          OUI-3rd offense Result:           Not Guilty Waltham police officers observed the client speed through an intersection and pull into a larking lot.  The officers had a conversation with the client and observed a strong odor of alcohol, slurred speech and noted a condition about his eyes.  The client was administered FST’s but the client had a lot of physical issues that prevented him from performing the tests.  The client refused the breath test.  After a Jury-Trial the client was found Not Guilty.
Read More

Commonwealth v. T.P – Lawrence District Court

Charge:          OUI-Second Offense Result:           Not Guilty Client was arrested by the Massachusetts State Police on Route 93 North.  The client was observed by a civilian swerving and called the State Police.  The State Trooper observed the client swerving as he entered a work zone.  The State Trooper activated his lights and the client pulled over. The trooper observed an odor of alcohol, slurred speech and red/glassy eyes.  The client was asked to exit his truck and perform Field Sobriety Tests.  The client was asked to perform two tests the One Leg Stand and the 9 Step Walk and Turn.  The
Read More

Commonwealth v. J.M. – Plymouth District Court

Charge:           OUI-First Offense Result:            Dismissal Client was stopped for marked lanes violations.  The Marshfield police officer observed the client’s speech to be slurred, his eyes to be red and bloodshot and a strong odor of alcohol.  The client elected to perform field sobriety tests and did not  do well. The government elected not to proceed to trial for reasons that were kept internal.  Either way the client was a very happy person.
Read More

Commonwealth v. D.B. – Brockton District Court

Charge:          OUI –First Offense Result:             Not Guilty Client was driving in a snowstorm and lost control of his vehicle.  The Abington Police arrived and observed the client near the vehicle.  The police engaged the client in conversation to determine where he was coming from and how the accident occurred.  The police observed the client to be unsteady on his feet, have an odor of alcohol and his speech was slurred.  The client refused to take Field Sobriety Tests.  The police provided photos that were inconsistent with their own account of how the accident happened.
Read More