Joseph Waldbaum, ESQ. Massachusetts OUI, DUI, DWI
Drunk Driving
Defense Lawyer
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LEOMINSTER CASES
ANTHONY;     774.386.9704 LEOMINSTER
FAILED BREATH TEST
NOT GUILTY AT TRIAL

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.

"WORKED RELENTLESSLY ON MY BEHALF 24-7 "
 
DOLPHINE;     978.342.9333 LEOMINSTER
EVIDENCE SUPPRESSED; CASE DISMISSED;
LICENSE RESTORED IMMEDIATELY

Witness reported to police seeing client drink from a wine bottle while in driver's seat in parking lot. The police went into a store where she had gone and placed her in the rear of a cruiser and then asked her where her keys were. She told them in the car.  They found the wine bottle inside the console and saw the keys in the ignition. At my motion to suppress evidence, I argued placing her in the rear of a cruiser and asking questions without being given Miranda warnings violated her rights. The judge agreed and excluded the wine bottle and the observation of the keys in the ignition. At trial, the case was dismissed and the judge restored her license immediately.

See judge's order restoring license.

   SEE ORDER RESTORING LICENSE   
 
PABLO     LEOMINSTER
NOT GUILTY 1ST OFFENSE;
DESPITE 2 OPEN CONTAINERS

Two state troopers testified client had thick-tongued, slurred peech, glassy eyes and an odor of alcohol. Two open alcohol containers were found on the front passenger seat. We insisted on being given copies of all videos. The dash cam video showed our client held his foot up for almost 40 seconds for the 30 second long one leg stand test. Judge: Not guilty. License restored immediately

   LICENSE RESTORED IMMEDIATELY   
 
LEOMINSTER
JUDGE REVERSES 3 YR. REFUSAL SUSPENSION

Even though her prior OUI was over 30 years ago, client was charged as a second offender. MA has a lifetime look back, unlike other states where OUIs fall off after ten years. She wisely refused the breath test but the RMV supsended her for three full years. We guided her through the complex process of fighting this first at the RMV and then on appeal to a judge in court where we were ultimately successful. 

NOTE:  This process must be started within 15 calendar days of your arrest.

   JUDGE REVERSES RMV DECISION   
 
LEOMINSTER
ALL INCRIMINATING STATEMENTS THROWN OUT OF COURT

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.

 
LEOMINSTER - FITCHBURG
3RD OFFENSE REDUCED TO 2ND- NO JAIL TIME
My client was facing his third offense and a mandatory jail sentence of six months minimum after crossing the center line and committing multiple lanes violations. The officer noted in his report that client could barely stand when he got out of his pickup truck. On the date of trial, I convinced the district attorney to reduce the charge from third offense - a felony -- down to second offense -- only a misdemeanor. Thus, I saved my client from a felony conviction and the concomitant mandatory minimum six months in jail.
 
LEOMINSTER     
'HE SAVED 3 YEARS OF MY LIFE FOR THE SECOND OFFENSE REFUSAL SUSPENSION

Joe handled two OUI cases for me and obviously knew exactly what he was doing in each Court. I didn't think I had any chance whatsoever of beating the three year refusal suspension but he guided me through the complex process at the RMV and in Court and he was right all the way. He saved me three full years with no license at all and three years with an expensive, embarrassing breathalyzer in my car.

   SEE JUDGE'S ORDER RESTORING LICENSE   
 

 

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Jos. Waldbaum, top OUI lawyer in Cambridge, MA   Chart: Won 75% of Our Trials