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.

It was in the middle of the night when I filled out the “Free Consultation” form on this website and within minutes I got a call from Joe himself, polite and re-assuring. Even with minimum time to prepare for the case next morning he was there in court ready to go. He explained my options clearly, did not give me false promises or hopes and did not make decisions for me. He is well respected in court and knows everyone there. During the entire process he never made me feel like I had to do it alone.  

I was in a crash and rode for a while on a flat tire. After witnesses told the cop where I was, the cop first found the tire then found me stopped in the middle of the road. I was unsteady on my feet, smelled of alcohol, failed all the field tests and then fell over to the ground when I bent to tie my shoe lace.

 Result: Not Guilty- Judge ordered my license immediately restored.

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 was charged with DUI 2nd offense. I was speeding 20 mph over the speed limit and committed lanes violations. The cop testified I had slurred speech, smelled of alcohol, glassy eyes, was unsteady on my feet, could not stand without swaying and failed the field sobriety tests. First, Joe reduced the 3 year refusal suspension to just 180 days so I got my license back while the case was going on and then he beat all four charges at Trial:

I was stopped at a road block and admitted to the Trooper I had been drinking 45 minutes ago. He took me out of the car and I foolishly agreed to do the field sobriety tests. I failed them all and was arrested. Then I –also foolishly—agreed to take the breathalyzer in the trailer nearby. I registered over limit on both of them too. Plus, at Trial, the Trooper testified my eyes couldn’t focus on him and I was unsteady on my feet. No matter. Joe’s obvious skills as a Mass. DUI Lawyer during cross-examination won the day.

First I admitted to the Trooper I had 2 beers; then I told him 4. The Police Report said  I had slurred speech, glassy eyes, was unsteady, failed  to touch my finger at the spot he told me to, couldn't keep my foot up for 30 seconds, didn’t walk heel to toe like he showed me, and couldn’t say the alphabet. In other words, I failed all the field tests. As an experienced Mass DUI Lawyer, Joe told me I could win anyway and advised we go to Trial. He did a fantastic job.

Trooper saw me commit multiple lanes violations and blow through a Yield sign without slowing down. Then he testified I had slurred speech and had difficulty getting my registration out of the glove box, was unsteady on my feet exiting the car and had an ‘overwhelming odor of alcohol’ on my breath. After seeing the Police Report, my wife didn't think he could win it but Joe told me to try the case anyway. He was reassuring at all times and both amazing and incredible at Trial.

Facing his a second offense, My client was found  a half mile from his truck which had crashed head on into a tree. He had left his driver's license in the truck, could not hold his head up, was unsteady, and had a 'stupefied' expression on his face and a strong odor of alcohol. Plus, he admitted to drinking ten beers "all over Southie." At jury trial, I convinced them that the DA hadn't proven he was actually driving the truck beyond all reasonable doubt.

I've dealt with a lot of lawyers but Joe is definitely the best.  He kept me informed through the entire case with emails and copies of documents.  At Trial, the cop testified I committed 4 traffic infractions, had slurred speech, was unsteady when I got out of my car and failed the one leg stand, walk and turn and alphabet tests. Plus, the booking sergeant testified I had a strong odor of alcohol and saw me sway during booking. Joe was unbelievable at Trial and turned the tables on them both. The jury was out only 40 minutes. Not Guilty 2nd offense OUI.

I was stopped for multiple lane violations. I told the Trooper I had smoked a joint and had 2 beers 20 minutes ago. He noted a "blank stare" on my face and that I was unsteady on my feet. He said I failed the 3 field sobriety tests and arrested me. I never had any doubts in Attorney Waldbaum's abilities. He was always on time and prepared for every Court date for the year it took to go to trial. He wrote full reports every step of the way to  help me make all the right decisions. (Obviously.) Call me.  I'll gladly tell you.

Joe got me a not guilty in 2011 but then in 2013 I caused an accident and got arrested again.  The cops testified I would not roll my window down all the way or look at them, was unsteady on my feet, my eyes were extremely bloodshot and glassy and my speech was thick tongued. I admitted to drinking 3 beers, the most recent 1 hour previously. Joe pointed out the conflicts in their testimony and showed a photo that I was wearing 2 lip studs [which could account for the speech issue]. He argued my excellent performance on the alphabet test created the necessary reasonable doubt. The judge agreed. Then he had a Motion ready to restore my license [another battle due to my poor driving record] but Joe convinced him to do that as well.

See docket showing license restored.

The troopers said I had bloodshot, glassy eyes, was unsteady on my feet and failed the field sobriety tests. I took the breath test, failed it and immediately lost my license. Joe advised me how to proceed every step of the way. After writing 3 detailed reports, he advised me to fight the case and he was absolutely right. I can't recommend him more highly as a lawyer -- and a friend.

Civlian called police to report that client backed out of driveway swerving and appeared to be drunk. At trial, cop testified Scott had a strong odor of alcohol, bloodshot and glassy eyes and was unsteady on his feet.  I stressed that he pulled over promptly and safely, was able to produce both his license and registration quickly and without difficulty, and that any unsteadiness getting out of the car was due to being asked to walk towards the cruiser's headlights and flashing "takedown" lights which -- as I got the cop to admit on the stand during trial -- were still on !!  Judge found reasonable doubt and immeidately restored his licnse.  

See judge's order restoring license.

Client was seen swerving in his lane for two miles, had slurred speech and bloodshot, glassy eyes.  He admitted to drinking and had an open container of beer in the console clearly visible to the officer.  He was unsteady on his feet getting out of the car and had to place his hand on the car to keep his balance. Plus, there was a strong odor of alcohol about hs person. The booking video showed him swaying at points and with slurred speech as well. Not guilty at bench trial.

Client drove completely across the road and struck a fire hydrant. Sergeant testified she was unsteady on her feet, admitted to "a few glasses of wine," had a strong odor of alcohol and in his opinion was "intoxicated." I stressed there was no slurred speech, no red, glassy or bloodshot eyes and that anyone would be unsteady after an accident. I also obtained the EMT records which did not even mention an odor of alcohol. Point: reasonable doubt.

My client ran a red light, had slurred speech, was unsteady on her feet, admitted to drinking, and failed all the field sobriety tests. I scheduled a motion to suppress hearing but the DA failed to summons the arresting trooper. When the case was called, I made a motion to dismiss for failure to prosecute. The judge dismissed the OUI charge. No conviction, no license loss, no probation. no 16 weeks of alcohol classes and saved her about $3000 in various court fees.

Rebecca was stopped after spinning her tires and admitted she had been drinking. Cop said she had bloodshot and glassy eyes, was unsteady on her feet and failed the one leg stand and 9 step test. Then she  failed the breath test at the station. I negotiated the exclusion of the failed breath test giving us a fighting chance at trial. I also obtained her medical records showing she had foot issues which explained her unsteadiness and presented them to the jury.  Jury took less than an hour to acquit her.

Rebecca's Facebook post:

"Most amazing Attorney, worth every penny. Don’t look anywhere else. Just hire him. His meticulous and methodical cross examination is spectacular. Not to mention he is kind and sensitive to his clients in the court room. I was nervous and scared awaiting the jury verdict, but my heart felt confident after his cross examination.  He had this case hands down. Thank you, Joe, for everything, you saved my life"

Cop saw client commit 3 lanes violations. Report stated he had a blank stare, constricted pupils, a reddish, flushed face and his speech and actions were slow and lethargic. He admitted to taking drugs and his hands were shaking. He was unsteady on his feet, walked as if in slow motion and displayed eyelid and body tremors while swaying back and forth. When officer was "unavailable" at trial, we submitted a motion to dismiss for failure to prosecute.  Judge allowed it.

Client rear ended another car. When police arrived, they described him as:

• having a strong odor of alcohol from his mouth
• very red and bloodshot eyes
• unsteady on his feet
• slurred speech

Client found sleeping in running car. Strong odor of alcohol; repeated cop's questions back to him. Unsteady on feet. Once retained, I immediately submitted a motion to preserve the booking video [frequently deleted after 30 days]. It showed him walking normally cuffed behind his back and speaking completely normally. After playing it for the judge, we got a not guilty and the judge restored his license the same day.

See judge's order restoring license.

Before the accident, client was seen speeding 20 mph over the limit and weaving in and out of traffic. Cop followed him and saw him run a red light and shut off his headlights as he entered a residential section. The cop then found him after he had driven over a lawn and hit a guardrail. He testified he was unsteady on his feet, smelled of alcohol, had bloodshot and glassy eyes, slurred speech and many open containers of alcohol in the vehicle. Verdict: Not Guilty of OUI

Client was found by 3 cops fast asleep in her car with the music blaring. She was unsteady when she got out, admitted to drinking, had glassy, bloodshot eyes, and slurred speech. I accompanied her to the Boston RMV to fight the 3 year suspension fro not taking the breath test, then appealed it to a judge in Court and had her license restored just weeks after her arrest so she could drive while the case went to trial. At trial, the police testified that she had parked "askew" to the lines in the lot. However, I had gone out to the scene of the arrest and taken photos. I presented them to the judge proving the lines were barely visible in daylight, much less at two am. At trial, she was acquitted of ALL the charges against her.

See judge's order restoring license.

My client was found passed out in her car by the side of the road. She was covered in vomit and reeked of alcohol. She was unsteady on her feet and argumentative with the police. I analyzed her case and wrote her several reports. Because she passed the ABCs and reached 30 on the one leg stand test, I recommended she try the case. On the day of trial, we were fully prepared to fight to the finish when the Judge dismissed the case.

It was a bad accident. I hit a parked car, drove it onto the sidewalk into a set of stairs and structurally damaged them. Then I admitted to the cop I had “a few." He testified I smelled of alcohol, was unsteady, had bloodshot, glassy eyes and failed the field tests. They even video recorded me doing them [and not very well!] back at the station house. No matter. Joe told me he could win the case at Trial and that's exactly what he did. No fines, no Probation, no alcohol programs, nothing.

pjbarry99@gmail.com

Trooper saw client speeding over 100 mph and stopped him. Underage driver admitted to coming from a bar and consuming three drinks in the past hour. Plus, he was unsteady exiting the car, performing the field tests and was surly and uncooperative with officer. I convinced the Judge the late hour [2 AM] and other conditions explained his behavior and created reasonable doubt. The Judge agreed.

A career Air Force Officer crossed marked lanes 3 times, stumbled upon exiting his truck and could only recite the first few letters of the alphabet. He faced his third offense and mandatory jail. The video showed him unsteady on his feet, slurring his words and unable to spell his mother’s maiden name. I argued the events occurred at 2:30 AM in a steady rain, he had been up for 36 hours straight and his behavior was just as consistent with someone who was sleep deprived as someone under the influence. The jury agreed.