I was suspended for five years as a third offender for refusing the breath test. After an RMV Hearing which must occur within 15 calendar days of the arrest, we appealed their denial to a judge. The judge ordered the RMV to restore my license and I was able to drive legally for a year while the case worked its way towards trial.  

Cop stopped me because I went over the line twice. He said I had glassy, bloodshot eyes, a strong odor of alcohol, was unsteady on my feet and failed both field tests. Joe stressed they were done at 3:15 am in 27 degree weather and the cop never wrote in his report that my speech was slurred. Joe was thorough, professional, and hit every point.

See judge's order restoring license.

Joe paid attention to every minor detail and followed every possible lead. He brought a motion to suppress the stop of my motorcycle proving the cop had followed me illegally into Somerville from Cambridge. He then had another motion ready immediately to restore my license. The judge agreed with both, my third offense was thrown out of court and I got my license back the very next day. I can’t thank him enough.

My case looked like a sure loser but Joe studied the booking video and said we should try to get the breath test excluded. At his motion to suppress, he showed a half dozen ways it was done incorrectly and the judge threw it out. That gave us a fighting chance. At trial, a police lieutenant testified to my car going the wrong way completely over the center line and the arresting officer swore I failed all the field sobriety tests. Joe was ready to cross-examine them all. He  is one of the most intelligent people I have ever met. I owe him my license, my job, and my life. 

I told cops I’d taken 3 drugs. They videoed a drug expert testing me for 45 minutes. I looked totally out of it!  My urine sample showed 7 metabolites of those same 3 drugs. Joe made no promises and didn’t sugar coat anything. But be careful, this man will save your life! He did mine. I looked at his track record, client testimonials and checked with other lawyers and detective friends. I found he is highly respected by his peers. When in court, he worked it like an artist, First he noticed my Miranda form had not been done correctly and got all my statements thrown out. Then he wrote a Memorandum argung the urine test should be suppressed too. Incredibly, the judge agreed. The DA had so little evidence left he dropped all charges on the trial date.

I was 17 and 18 when I got my first 2 OUIs. Arrested again at 35, under Melanie’s Law, I was charged with a 3rd offense, a felony, and faced a minimum 6 months in jail. Joe wrote a glowing letter to the DA’s office, detailing the reasons why the charges should be reduced. He knew exactly how to negotiate with the DA and the judge to reduce the charges. On the very next Court date, that’s exactly what happened.

I faced a possible six months mandatory jail sentence and a license loss of 13 years for a third offense. Joe noted in the report the cop had seen me wearing eyeglasses when he stopped me but told me to take them off before I did the balancing tests. Nowhere in his report did he tell me to put them back on.  Joe asked the cop so many questions he had no idea how to answer. It was just really smart. He even impressed the Judge. They acquitted me in ten minutes and the Judge ordered my license restored immediately. You can't ask for a better Massachusetts OUI Attorney.

The cop saw me cross the center line and drive on the wrong side of the road, followed me into my driveway and arrested me for 3rd offense. At the station, I foolishly took the breathalyzer and was over limit and lost my license. My Court appointed lawyer did nothing for 16 months until my family hired Joe. With only two weeks to prepare for Trial, he fought vigorously every step of the way. He had pretrial Motions prepared and questioned the accuracy of the breath test. The DA just wouldn't quit, but after a hard fought Trial, Joe won a not guilty.

During my 3 day Trial, a constable testified he followed me for 10 minutes, saw me cross the center line and drive all over the road and completely in the opposite lane for 20 seconds. 2 cops testified I failed 3 of 4 field tests, was unsteady on my feet and had a “1000 yard stare.” Joe stressed that I stopped at every red light, proceeded when they turned green, was wearing heavy work boots and the cops’ flashing lights interfered with the testing. The jury agreed. Not Guilty. No jail. No 8 year license loss.

I ended up on the REAR lawn of a house after hitting a pole and going through a fence. They drew my blood at the hospital and it was .25: more than three times the legal limit.  I was charged with my 3rd offense.  Joe --incredibly --gets the blood result thrown out. At jury trial, his Motion to exclude ALL the medical records was allowed when he showed the DA hadn’t complied with the law. He just kept chipping away at their case until there was nothing left.  

While plowing a driveway, my truck crashed into the side of the house causing extensive damage. I said I had 3 beers but they found an open container of vodka on the dashboard and my 5 year old in the front seat so I was charged with Child Endangerment while I was OUI. It was my third offense and got extensive news coverage.  (They dubbed me “Mr. Plowed” on the Internet!) 

Although 2 cops and the Chief of the Fire Department testified I was disheveled and gave their opinion I was under the influence, Joe found an appellate case which had just come down the very week of trial. The Judge said he had read it that very morning, relied on it in issuing acquittals on all 3 charges and actually complimented Joe for finding it. 

Joe represented me in '06 charged with my 3rd DUI and got me acquitted despite the testimony of 2 witnesses. Then he convinced the judge to restore my license despite the years long suspension for refusing the breath test. In 2013, I was arrested again and took the breath test but blew a .15--almost twice the legal limit. He got the breath test thrown out at a Motion to Suppress Evidence. At trial,  the cop swore I failed all the field tests but Joe convinced the jury to disregard them since they were done at 3 AM while facing the flashing lights of two police cars.

'The facts of my case were not good at all. I admitted drinking shots and even told the cop I didn't know how many I'd had. On the day my case was scheduled for jury trial, Joe managed to negotiate a deal where no jail was involved and no felony conviction. He's an exceptional lawyer and has obviously been practicing DUI defense a long time.   I strongly recommend him to anyone who finds himself in this kind of trouble.'

Client drifted into opposite lane of travel and struck another car moving it fifteen feet. He failed all three field sobriety tests and was arrested. At trial, the other driver and two officers testified they thought he was under the influence of alcohol. Verdict: not guilty. No mandatory jail term, no 8 year loss of license, no $15,000 fine, no probation.

I watched the videos on Joe's website and hired him right away.  He did not disappoint. During the 2 years it took to reach trial, he answered all my questions promptly day and night. He handled everything very carefully and fought hard to get the booking video which ultimately acquitted me at trial. All of this despite the testimony of four witnesses! I've got nothing but good things to say about him. OK to call me anytime.

"When I found MA-OUI.COM, I couldn't believe I could call over 100 former clients -- so I did!  Even ones in my court. Hilary [acquitted of a 2nd offense in Woburn] said she couldn't believe how well her case was handled. She was absolutely right. It was really something watching my over limit breath test get thrown out of court because the video they preserved showed the cop wasnt watching me when I put something in my mouth. At jury trial, the cop actually looked ill on the witness stand. I avoided an 8-year license loss, mandatory jail and kept my job. I can't thank them enough for the fantastic results achieved."

I can't believe how hard attorneys Waldbaum and Dunn worked for me. First, they got my 5 year refusal suspension overturned. Then they went back to the other courts where I had at least 2 OUIs from 30+ years ago. They found my old records and convinced the judge to treat me as a first offender instead of a third. Here is what they avoided for me:

• a felony conviction
• six months in jail
• 13 years with no license

All potential clients are welcome to call me to verify this.

"I was sure I was going to jail but Joe proved my first OUI shouldn't count against me. His associate attorney James Dunn had to go back to the other court three times before the clerk finally found it in the basement. That made all the difference at trial. The DA wanted to give me a two year jail sentence but Joe talked the judge out of it. I can't believe how hard they both worked for me (and how early in the morning Joe got up to send me emails). They're both fantastic. It's OK for people to call me if they want."

Client was seen by cop speeding 26 mph over limit and crossing centerline. Officer testififed he had bloodshot and glassy eyes, slurred speech and failed all three field sobriety tests. Once retained,  I Iimmediately filed a motion to preserve the booking video which proved crucial at trial. I also successfully got the breath test thrown out of court.

CLIENT'S COMMENTS:

"They are absolutely awesome, gave me good guidance all the way through the representation, performed professionally at every bend in the road and at trial brought up all the right points. I love them both!"

Cop saw client cross fog line once and once only, followed him for 1.5 miles and arrested him in his driveway. I filed a motion to suppress the stop of the car and all evidence seized thereafter. I got the cop to admit on the witness stand that there were no other traffic violations for 1.5 miles. I presented 6 federal and state cases in support. Judge agreed. OUI-3rd dismissed and license restored immediately.

WIFE'S LETTER:

Things looked very bleak for us and our two young children. A conviction meant mandatory jail, a 13 year license loss and the loss of my husband's job. It wasn't until talking to Joe that we had a glimmer of hope. This grew considerably once my husband saw him in action in court. Had we chosen another lawyer, I doubt we would have had such a spectacular outcome. 

I am happy to speak to all potential clients who call me to verify all this.

James was found asleep at the wheel of his pick up with his cell phone in his hand. It took a while for two officers to wake him. At trial, they both testified he smelled of alcohol, had slurred speech and admitted to three beers. Once hired, I immediately submitted a motion to preserve any videos.  The roadside dash-cam video showed him retrieving his license with no difficulty, exiting the vehicle normally, and walking and standing perfectly normally. Judge agreed. Not guilty 3rd offense. No felony conviction. No mandatory jail sentence. No additional 8 year license loss. Then the judge allowed my motion to reverse his 5 year refusal suspension and restore his license.

I knew as soon as I spoke to him on the phone he was the real deal.  First day in court, Joe gets my bail reduced by $3000. At trial, he convinced jurors not to believe the cop who testified I said "I know I'm drunk." I avoided 

• a felony conviction, 
• a mandatory jail sentence,
• the loss of my job of 33 years and 
• loss of my pension. 

Thanks to the not guilty verdict.

I was 17 and 18 when I got my first 2 OUIs. Arrested again at 35, under Melanie’s Law, I was charged with a 3rd offense, a felony, and faced a minimum 6 months in jail. Joe wrote a glowing letter to the DA’s office, detailing the reasons why the charges should be reduced. He knew exactly how to negotiate with the DA and the judge to reduce the charges. On the very next Court date, that’s exactly what happened.

I was charged with my 3rd offense and faced a mandatory jail sentence. On the very first date Joe's in Court, he convinces the DA to charge me only as a second offender. Then, when we get in front of the Judge, he convinces her to treat me as a first offender AND waive the mandatory $1000 fine. Instead of potential jail and an 8 year license loss, now I can get my license back. Even the Judge said, "You made a very good argument, Counselor."

The cop saw me cross the center line and drive on the wrong side of the road, followed me into my driveway and arrested me for 3rd offense. At the station, I foolishly took the breathalyzer and was over limit and lost my license. My Court appointed lawyer did nothing for 16 months until my family hired Joe. With only two weeks to prepare for Trial, he fought vigorously every step of the way. He had pretrial Motions prepared and questioned the accuracy of the breath test. The DA just wouldn't quit, but after a hard fought Trial, Joe won a not guilty.

I ended up on the REAR lawn of a house after hitting a pole and going through a fence. They drew my blood at the hospital and it was .25: more than three times the legal limit.  I was charged with my 3rd offense.  Joe --incredibly --gets the blood result thrown out. At jury trial, his Motion to exclude ALL the medical records was allowed when he showed the DA hadn’t complied with the law. He just kept chipping away at their case until there was nothing left.  

Many, many thanks for your support through it all.; I think had you not done the "Motion to suppress," things could have been quite different. I know that this Thanksgiving will be a better one once you got the DA to reduce my 3rd offense to avoid mandatory jail for me. Please let me know if you ever need a referral to someone who is looking for a great Massachusetts OUI Attorney (phone is fine).

Kindest regards, Cynthia

I was in an accident and registered an over limit breath test at the police station, twice the legal limit, in fact. I had two prior OUIs making this my 3rd offense and thus was facing a mandatory minimum six month jail sentence. Joe managed to negotiate a deal for me which included no jail time at all. I don't know how he did it but I'd recommend him to anybody.

'I first read about Attorney Waldbaum in a newspaper article. After I called, he reduced my 5 year refusal suspension to just 6 months. Then he talked the DA's office into reducing my 3rd offense to just a 2nd so I avoided a mandatory jail sentence. Then, years later, when I was caught driving after suspension for OUI, I was facing a mandatory minimum jail sentence again. That time he talked another DA in another Court into reducing that charge so I only paid a fine.'

I am a free man! I was arrested for my 3rd offense in 1990 but was in default for 23 years and didn't drive. After calling Joe, he reviewed the RMV and old court records and gave me detailed instructions on how to apply for a license again and 3 weeks later I was driving. Plus, he said he believed the old court records were insufficient for the DA to prosecute me and he was right: they dropped the charges on the next date. I avoided 6 months in jail and another 8 years without a license Please let me know if there is anything I can do for you review-wise or putting out a good word about your practice. I am living proof of the great job you did.

James was found asleep at the wheel of his pick up with his cell phone in his hand. It took a while for two officers to wake him. At trial, they both testified he smelled of alcohol, had slurred speech and admitted to three beers. Once hired, I immediately submitted a motion to preserve any videos.  The roadside dash-cam video showed him retrieving his license with no difficulty, exiting the vehicle normally, and walking and standing perfectly normally. Judge agreed. Not guilty 3rd offense. No felony conviction. No mandatory jail sentence. No additional 8 year license loss. Then the judge allowed my motion to reverse his 5 year refusal suspension and restore his license.

My client was charged as a third offender. On the first court date, the DA tried to have him held without bail. I showed her the recent change in the law that prohibited that and she tore up the paperwork.  He went home that day instead of to jail. Then, after a hearing at the RMV which must occur within 15 calendar days of the arrest, we appealed his five year refusal suspension up to a judge in court who reversed the RMV saving him a full five years without a license.

Our client had two old OUIs from 30 years ago. Under Melanie's Law, that mandated a five year suspension for refusing the breath test. The fight against this must be begun within fifteen calendar days of the arrest. Plus, these five years could not run simultaneously with any other OUI suspension. We were able to reverse this so that he could actually drive legally while the case was still going on.

See 5 year RMV suspension reversed.

Client wisely refused to take the breathalyzer when he got to the station. However, since he was facing his third drunk driving offense, the RMV suspended him for 5 years for the refusal immediately. After an unsuccessful Hearing at the Boston RMV, we appealed the RMV decision to a judge in Salem District Court. The judge restored his license the very next day.

See judge's order restoring license.

"Charged with my third offense, I faced mandatory jail time of 6 months, a 13 year loss of license and the loss of my job and pension. I needed a damn good drunk driving lawyer. Attorney Waldbaum did everything carefully, deliberately and ultimately, correctly. He's very smart, knows a lot about the system, and won't B.S. you. He tells you straight up what could happen to you and what's going on. I cried when the Jury said, “Not Guilty.“

Client was facing his third offense, a mandatory jail sentence of six months to two and one half years plus a five year refusal suspension. After considerable effort during discovery, I obtained the booking video from the Police Department. At trial, I was able to show the Judge how he was able to remove his belt and jewelry with no problems, thus showing he retained fine motor skills and there were no signs of swaying or unsteadiness during the 30 minute video. I argued this created the requisite reasonable doubt. The Judge agreed. Then, at a subsequent Hearing, the judge ordered his license fully restored.

Charged with his 3rd offense, my client made several incriminating statements about his drinking: what he had to drink, when he drank it and how much. At my Motion to Suppress Evidence, I argued that the DA did not show that my client (1.) had been properly given all his Miranda warnings at the time or, even if he had, whether he (2.) understood them and (3.) "knowingly, intelligently, and voluntarily" waived them as is required by the case law.

The Judge had no choice but to throw all his incriminating statements out of Court.

Client had received an eight year license suspension of his driving license from the Registry of Motor Vehicles based on their 1978 records showing him to have faced a 3rd offense. I researched the old charge and discovered Probation records which showed his guilty finding was revoked later that year but never reported to the RMV. I presented these in a Memorandum with Exhibits to the three member Board and argued for the immediate restoration of his full privilege license.

A civilian cell phone caller testified that my client had twice crossed into the opposite lane completely. He was charged with his 3rd offense and faced a mandatory jail sentence of six months up to two and one half years. I made a copy of the videotape of his booking procedure and produced it at Trial. For 28 minutes, it showed no unsteadiness on his feet or other signs of intoxication. I argued to the Judge this created the required "reasonable doubt" despite the testimony of the two witnesses.

Facing his 3rd offense, client had refused to take the breath test and suffered a five year license suspension. I prepared an Affidavit and Memorandum for a Hearing at the Boston RMV claiming that his refusal had not been witnessed properly on the required "Statutory Rights and Consent Form." When the RMV denied our claim, I appealed it to District Court and convinced the Judge otherwise.

The wins just kept coming! First they convince a judge to dismiss all charges against me. Then they convince another judge to overturn my five year license suspension and order the RMV to return my license. See judge's order.