Charge(s) – OUI 2nd Offense, Unregistered Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was stopped after his vehicle was seen drifting over the center line into oncoming traffic on three separate occasions. Officer detected a strong odor of alcohol on the client’s breath and observed his eyes to be glossy and blood shot. Client’s speech was also slurred and delayed and his balance was very unsteady. Client admitted to having three beers throughout the night when asked. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest.
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Results From Massachusetts Breathalyzer Tests Are In Question
As a leading OUI defense attorney in Massachusetts, Attorney James Milligan is one of a few lawyers driving the state wide breath test litigation case questioning the validity and accuracy of breathalyzer machines across the Commonwealth of Massachusetts. Attorney James Milligan cross examined the Technical Director of the Massachusetts Office of Alcohol Testing (OAT), the organization that maintains all the breath test instruments in Massachusetts. What attorney Milligan learned during this four hour examination was not only shocking but it could have tremendous implications to those charged and convicted of OUI in Massachusetts over the past several years. It was
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Commonwealth v. J.C. – Fitchburg DC (Leominster PD)
Charge(s) – OUI, MArked Lanes Violation, Open Container of Alcohol, Minor in Possession of Alcohol Result: OUI – Not Guilty Client was stopped by police after a report of an erratic operator. Client’s vehicle crossed over the double solid yellow line multiple times. Officer detected a strong odor of an alcoholic beverage emanating from the client’s breath and observed his eyes to be glassy and blood shot. Client stated he had not had any alcoholic beverages but the officer noticed his speech to be slurred when responding. Client resisted submitting to a series of field sobriety tests at first. He
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Commonwealth v. D.B. – Ayer DC (Littleton PD)
Charge(s) – OUI, Marked Lanes Violation, Child Endangerment Result: OUI – Not Guilty Client was stopped after his vehicle was observed crossing into the opposite lane when making a wide turn and crossing over the white fog line multiple times. Officer was overwhelmed by a strong odor of an alcoholic beverage coming from within the vehicle. It should be noted that there were four other passengers in the vehicle. Officer noticed the client’s speech to be thick tongued and slurred and his movements were clumsy. Client stated he did not have anything to drink multiple times. The officer asked the
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Commonwealth v. T.R. – Dedham District Court (Milton State Police)
Charge(s) – OUI, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was stopped after observed to be driving erratically and unable to stay within the marked lanes. Client was unable to produce a driver’s license but the passenger did. Officer detected a moderate odor of an alcoholic beverage emanating from the vehicle and observed the client’s eyes to be glassy and blood shot. It is also noted that the client spoke with slurred speech and was unsteady on his feet upon exiting the vehicle. Officer administered a series of field sobriety tests. Client was unable to complete assessments
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Commonwealth v. D.M. – Wareham District Court (Bourne State Police)
Charge(s) – OUI, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was stopped after officer observed the vehicle to be swerving and crossing over the lane marker several times. Officer immediately detected a strong odor of an alcoholic beverage emanating from within the vehicle and it is noted that the odor got stronger as the client spoke. Officer observed the client’s eyes to be blood shot and glassy. Client admitted to having a couple of drinks when asked. Officer administered a series of field sobriety tests. Client failed all assessments. Client consented to a PBT with a 0.115
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Commonwealth v. C.M. – Lowell District Court (Andover State Police)
Charge(s) – OUI Result: OUI – Not Guilty Client was directed to the screening area when passing through a sobriety checkpoint. Officer immediately noticed a strong odor of alcoholic beverage emanating from inside the vehicle. Officer also noticed her eyes were red, glassy, and blood shot. Client stated she had two margaritas when asked if she knew why she was brought into the screening area. At this point the officer administered a series of field sobriety tests. It was noted that the client was unsteady on her feet when exiting her vehicle. Client failed all assessments and consented to a
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Commonwealth v. J.P. – Attleboro DC (Foxboro)
Charge(s) – OUI 3rd Offense, Negligent Operation of Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was involved in a vehicle crash and stated he had fallen asleep at the wheel. The officer observed the client to be very unsteady and unable to maintain balance. Officer also detected a strong odor of an alcoholic beverage emanating from the client’s breath. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and consented to a PBT with a .211 initial reading. Client was placed under arrest.
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Commonwealth v. R.W. – Dedham DC (Foxboro State Police)
Charge(s) – OUI, Marked Lanes Violation, Negligent Operation of Motor Vehicle Result: OUI – Not Guilty Client was involved in a car crash but was unable to provide specifics as to how the crash occurred. Client was crying uncontrollably and stated she did not want to get in trouble. While speaking with the client the officer detected a slight to moderate odor of alcoholic beverage coming from her. Client stated she had one beer when asked and also verified that she was only 20 years old. Officers administered a series of field sobriety tests. Client had difficulty completing all assessments
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Commonwealth v. M.C. – Dedham DC (Foxboro State Police)
Charge(s) – OUI, Marked Lanes Violation, Seat Belt Violation Result: OUI – Not Guilty Client was stopped after police observed his vehicle to be driving erratically and witnessed multiple marked lanes violations. Officer observed the client’s eyes to be glassy and blood shot and could detect a strong odor of alcohol coming from inside the vehicle. Client stated he had about 5 drinks throughout the evening when asked by the officer. At this point the officer administered a series of field sobriety tests including: the horizontal gaze nystagmus, 9 step walk and turn, and the one leg stand exercise. Client
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Commonwealth v. M.B. – Haverhill DC
Charge(s) – OUI Result: OUI – Not Guilty Client was stopped by police after her vehicle was observed to have crossed over the double solid line three times. Client was crying and on her cell phone when the officer approached the vehicle and stated the vehicle belonged to her father. Officer detected a strong odor of alcohol emanating from the client and observed her eyes to be glassy and blood shot. Client initially stated she had nothing to drink but later admitted to having two drinks earlier in the evening. The officer then administered a series of field sobriety tests.
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Commonwealth v. A.E. – Quincy DC (Weymouth PD)
Charge(s) – OUI Result: OUI – Not Guilty Client was directed to the screening area when passing through a sobriety checkpoint. Officer detected a strong odor of alcohol emanating from the client and noticed her speech to be slurred and her eyes to be red and glassy. Client admitted to having three drinks earlier that evening when asked by police. Officer administered a series of field sobriety tests. Client failed all assessments and consented to a PBT with a .133 reading. Client was placed under arrest.
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Commonwealth v. M.R. – New Bedford DC (New Bedford PD)
Charge(s) – Drug Possession Result: Drug Possession- Dismissed Client was a passenger in a car that was suspected of partaking in a narcotics transaction. A passenger in the client’s vehicle was observed meeting with the operator of a second vehicle. When approached by police, occupants stated they had met up to sell a GPS unit. Upon discovering no narcotics all parties were allowed to leave. Surveillance was maintained on client’s vehicle which was observed to be stopped in a driveway with all three males still inside. Based on observations and the belief that a narcotics transaction had occurred, the officer
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Commonwealth v. D.K. – Dorchester DC (South Boston State Police)
Charge(s) – OUI Result: OUI – Not Guilty Client was stopped by police after having crossed over the yellow divider line multiple times. Officer immediately detected a moderate and distinct odor of an alcoholic beverage emanating from the vehicle. Officer observed the client’s eyes to be glassy and bloodshot and he had difficulty with his movements. During conversation officer also noticed the client was speaking in a slurred and thick-tongue manner. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and was placed under arrest.
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Commonwealth v. M.M. – Brockton DC (Bridgewater PD)
Charge(s) – OUI, Negligent Operation of Motor Vehicle Result: OUI – Docket Police responded to a complaint from a store manager of an unwanted guest. Client’s vehicle was identified by police and was pulled over. Officers approached the vehicle and detected a strong odor of alcoholic beverage emanating from the client and noticed his speech was slurred. Client admitted to having four beers throughout the evening when asked by police. Client was then asked to step out of his vehicle and nearly fell while doing so. Officers conducted a series of field sobriety tests. Client had difficulty completing all assessments
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Commonwealth v. T.Y. – Worcester DC (Millbury State Police)
Charge(s) – OUI, Speeding Result: OUI – Not Guilty- JW Client’s vehicle was stopped by police after observed to be speeding. Officer noticed the client’s eyes to be glassy and bloodshot and he was speaking with slurred speech. Officer also detected a strong odor of alcohol emanating from the vehicle. Client admitted to having consumer 2-3 beers when asked. Officer conducted a series of field sobriety tests. Client failed all but one assessment, but the officer stated he detected a strong odor of alcohol emanating from the client’s breath during the course of the tests. Client was placed under arrest.
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Massachusetts 94C Controlled Substance Act and Drivers License Reinstatement
Massachusetts legislation was recently passed to ease the transition for those convicted of drug offenses under the 94C Controlled Substance Act, to re-enter society, hold employment and care for their families by repealing the automatic suspension of drivers licenses and a subsequent $500 reinstatement fee for all drug convictions. The new legislation, effective March 30, 2016, repeals an ineffective and unfair law that made it harder for those who have paid for their mistakes to re-enter society. Approximately 7,000 people in Massachusetts had their license suspended last year due to a drug conviction even if that conviction had nothing to
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Technical problems could overturn recent drunk driving convictions in Massachusetts
If you’ve been convicted or admitted to drunk driving (OUI or DUI) offense in Massachusetts within the past two years because you took a breath test and allegedly failed, your conviction may be overturned due to a recent report regarding the accuracy of breathalyzers. Contact us directly to learn if your case may be overturned. Jay Milligan Board Certified DUI Defense Attorney 306 Washington Street Norwell, MA 02061 Office – (781) 878-1231 Cell – (617) 851-7155 Fax – (781) 878-6550
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Massachusetts OUI Laws
The Commonwealth of Massachusetts has passed a number of laws in the past decade that are very harsh on those who are arrested for operating under the influence (OUI). If you are stopped and charged with OUI, you will need to have a basic understanding of the penalties you could face under Massachusetts OUI laws. Understanding the terms Melanie’s Law was passed in October of 2005 in Massachusetts for the sole purpose of allowing stronger penalties in cases of OUI. Under the new rules, the following penalties are associated with OUI cases: First offense Under Massachusetts law, a conviction on
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The Use of Field Sobriety Tests in Massachusetts
In order to identify citizens who are driving under the influence of alcohol and certain drugs, Massachusetts police will often use Field Sobriety Tests to determine if a driver is under the influence. A driver is said to be under the influence of alcohol if their blood alcohol concentration is above 0.08%, and in commercial drivers the limit is set at 0.04%. If a police officer believes that a driver is intoxicated, they may ask the driver to submit to several field sobriety tests. The horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test
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Relieved Mom
Atty. Milligan was an absolute blessing. He helped us through a very long and drawn out legal process for my child’s DUI charges and talked to us as well as to his official client. When the case finally came to trial after two years and the sixth time in court, his advice and his representation won the day. We will always be grateful. by a DUI client
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Review of Jay Milligan
Over two years ago, Jay Millligan took on my case. It was an OUI Roadblock case, and Jay explored every avenue possible before going to trial. While those did not come to fruition, he was professional throughout and was impressed with his knowledge. About 23 months after the incident, I finally went to trial (this was my 2nd OUI, so it was important to fight it) Jay advised me throughout and kept me calm. He was always one step ahead of the DA and we achieved a most favorable outcome. I am now driving with no additional record. While it
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Best of the best
In January, I was charged with an OUI after being out with my boss and co-workers and lost control and totaled my car when trying to avoid a collision With an oncoming vehicle. No other vehicles were involved but I sustained injuries. I have 2 other OUIs. One was 24 and one was 18 years ago in other states. Mr. Milligan and Mr. Higgins were able to negotiate a very very favorable outcome and get charges reduced substantially. They responded to all my questions and represented me in court in the best way possible. They are both very professional, very
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Trust in Jay
Witnessing James Milligan defend my case was something I’ll never forget. There is now a plea sent story to tell about my OUI case because of him and I will never be able to thank him enough . by Marc, a DUI client
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Massachusetts Field Sobriety Tests
Massachusetts Field Sobriety Tests are used by law enforcement officers to determine whether someone may be driving under the influence of alcohol or drugs.There are 3 standardized tests that are approved through the National Highway Safety Traffic Administration (NHTSA) that may be administered : 1. Horizontal Gaze Nystagmus (HGN). The officer will ask the suspect to follow an object with his eyes. As the object is moved further to the side of the person, a jerking of the eyes called HGN will occur. HGN is more prominent in impaired persons. Under Massachusetts case law, this test is typically excluded as
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