Beat a DUI –
Massachusetts DUI Case Victories

In 2013, due to the terrible facts of his case, client pled guilty. In 2024, using a new appeals court decison, Commonwealth v. Hallinan 491 Mass. 730 (2023), I moved to reopen his case and a judge allowed my Motion. 

We then went to trial with the breath test excluded and won a not guilty.

After a bad motorcycle accident, my blood alcohol reading was twice the legal limit. Joe reviewed my case and told me the blood test and hospital records would not come in against me at trial. He was absolutely right. After he skillfully cross-examined the cop. The judge found me not guilty and ordered my license restored.

Cop stopped client claiming a tail light was out. He saw a bong in the back seat, bloodshot, glassy  eyes, droopy  eyelids and a blank stare. Client admitted smoking pot two hours ago. Cpp gave him two eye tests and four field tests then arrested him. I filed a Motion to Suppress all evidence. Just before it was called in court, DA approached me and told me she would not be prosecuting the case.

This 2nd offender was in a 2-car accident, admitted to 3 drinks and muscle relaxers. She had glassy eyes, an odor of alcohol and slurred pseech. On the 1-leg stand test, she was unable to keep her foot up for more than 2-3 seconds despite multiple tries. On the walk and turn, she took the wrong number of steps out and back, stepped off the line many times and missed heel to toe on every step. At trial, we stressed that the tests were done under an overpass, next to a noisy train line and she was shaken from the accident creating reasonable doubt. The judge agreed, found her not guilty and ordered the RMV to lift her 3 year refusal suspension

C.M. had his two children in the car when he crossed the center line and hooked mirrors with an oncoming vehicle. He admitted drinking, had a strong odor of alcohol on his breath, slurred speech, failed all the field sobriety tests and was arrested. Then four empty bottles of Fireball Whiskey were found in his car. Facing five charges, two of which carried minimum 90 day jail sentences, we avoided all committed jail time for him amd got two other chargers dismissed outright.

Alicia struck a guardrail and was taken to Baystate Wing Hospital. The local police charged her with drunk driving as well. We immediately submitted the required paperwork to obtain her hospital records. We then contacted the DA and argued there was insufficent evidence in those records to sustain an OUI charge. He agreed and dropped a criminal charge that in Massachusetts, unlike other states, follows you for the rest of your life. Alicia: ‭(413) 813-7698

Client and his friend had just exited a club. The police received a report that they were both intoxicated and arrested them just as they were about to get into their car. Police then performed an "inventory search" of the car and found cocaine.  However, because the car was in a private lot, not blocking traffic and the owner had not requested that it be removed, there was no legally sifficient reason to tow it and the inventory search was found to be unconstitutional. The cocaine was then ruled inadmissible against them at trial.

Client was arrested for OUI with 12 yr. old daughter in car. She was also charged with Child Endangerment/OUI which carries a minimum 90 day jail sentence and additional one year license loss. We drafted a Memorandum detailing client's excellent employment history and recent heart-breaking family tragedy. After reviewing it, the district attorney's office agreed to drop the Child Endangerment/ OUI charge saving her jail time and additional one year license loss.

Client was seen to drift from one side of the road to the other then back again, He failed the  walk and turn test and 2 open beer bottles were found in his door, still cold to the touch. He then failed the breath test at the station as well. At trial, judge allowed my motion to exlcude any testimony about the beer cans and then acquitted him after trial. 

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.

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.

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

At 2 am on Saturday, client was driving 40 mph over the limit and the state police arrested him and hit him with seven charges: three criminal and four civil. We met the client and his parents on the very first day in court on Monday, conferenced with the DA twice and negotiated the outright disimssal of five of the charges. We saved the client: 

• three criminal convictions, 
• four addtitional RMV suspensions, and 
• approximately $2100 in various fines and fees.

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, a second offender, refused the breathalyzer at the station and was suspended for three full years immediately. This fight must be started within 15 calendar days of the arrest. We directed him how to fight this first at the Registry and then in court. His right to drive was then restored while the case worked its way toward trial thus making client's life much easier.

See docket showing reversal.

Client was arrested for his second OUI charge and wisely refused the breathalyzer test at the police station. The Registry immediately suspended his license for three full years. We guided him through the complex process of fighting this at the RMV [which must be begun in fifteen days] and then on appeal  to a judge in court who reversed the RMV and restored his license [see link below]. He was then able to drive legally while the case proceeded towards trial.

See RMV suspension reversed.

Client was arrested for his second DUI offense and refused to take the breathalyzer when he reached the police station. The RMV suspended him immediately for three full years. We guided him through the complex process of fighting this at the Registry which must begin within fifteen calendar days of arrest. We then appealed it to a judge in court who restored his license after a court hearing. He was then able to drive legally while the case was still pending.

See 3 year refusal suspension reversed.

Even though his prior OUI was over 30 years previously, client was arrested and charged as a second offender. After refusing the breath test at the station house, the RMV suspended him for three full years. To challenge this, the fight must be started within fifteen calendar days. I walked him through the complex process of how to do this and ultimately a judge restored his license. This saved him three full years without any form of license whatever.

See decision restoring license.

The trooper said I smelled of alcohol, had red, glassy, bloodshot eyes, and performed poorly on the field sobriety tests. Plus, he testified I didn't blow into the breath machine correctly and called it a refusal causing a three year license loss. At trial, Joe stressed to jury:

• it was 2:30 AM,
• there was no erratic driving as he followed me for one and a half miles,
• he said there was nothing abnormal with my fine motor skills, and
• he never noted that my speech was slurred in his 4 page report.

See judge's order restoring license.

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.

My client as arrested for his second OUI and refused the breath test when he reached the police station [The breath test at roadside is a screening test only and is inadmissible in court.] The RMV suspended his license for a full three years. I guided him through starting the challenge at the RMV within the required 15 days. After the RMV refused to restore his license, I appealed it up to a judge in court and we won. He can now drive legally again.

See judgment reversing registry.

Client was stopped because his truck tires were "outside the fenders." He refused the breathalyzer at the police station. Unfortunately, the RMV suspended him for three years for doing so. I guided him through the process of challenging this suspension first at the Boston RMV and then appealing it to a judge in court where we won. He was then able to drive again while the case was still pending in court.

See order reversing RMV.

Client was charged as a second offender and refused to take the breath test when offered at the police station. (The breath test at roadside does not count.) The Registry suspended him for 3 full years. I guided him through the complex process of appealing this at the RMV and then before a judge in court. The judge reversed the RMV and restored his right to drive while the case was still pending.

See decision reversing registry.

At the station, my client refused to take the breathalyzer test and the RMV suspended his license immediately for three years, He retained me and I instructed him that this is the major portion of license loss for a second offender and the fight against it must be started within fifteen calendar days of the arrest. We were successful and he got his license back while the case was still going on in court.

See judge's order restoring license.

My client suffered a 180 day license suspension for the breathalyzer refusal. She needed to be able to drive to continue her job as an EMT. We instructed her exactly how to challenge this suspension at the Boston RMV within 15 days of her arrest. We then appealed the RMV denial to a judge in Court who lifted the refusal suspension.

See order reversing registry.

My client was 19 years old when arrested for his first OUI. The RMV imposes a draconian three year suspension for underage drivers who refuse the breath test at the station. Plus, there are only 15 days to fight this. I guided him through the complex process of fighting this first at the Boston RMV and then via an Appeal in the court. There, the judge overturned his three year suspension saving him 3 full years with no license.

See order reversing RMV suspension.

Client was a second offender and refused to take the breathalyzer test when he got to the police station. Because of his refusal, the RMV suspended him for three full years. I appealed the RMV's decision to a judge in Court and convinced the judge to restore the client's license. This saved him three full years with no license whatsoever because no hardship license is available during the refusal suspension.

After he refused the breath test, the RMV suspended my client's license for 3 years. That meant a 2 hour commute each way every day. I guided him through the process of how to fight this and won.

CLIENT'S THANK YOU NOTE: "Thanks for calling today before court. I can't begin to tell you how much easier my life is now that you got my license back. I am in the process of moving closer to work. Without my license it might have taken another month or 2 since I did all the moving myself and had to depend on friends to drive me and a car full of boxes back and forth. With the license I did it in 3 days."

See judge's order reversing registry.

I was stopped for a lanes violation and arrested. I took the breath test and it was .15--- almost twice the legal limit. After reviewing my case, Joe said he saw a possible way to have the very incriminating breath test suppressed and he was absolutely right. The otherwise tough prosecution oriented judge threw it out. That gave me a fighting chance at trial on my third offense. He won that too.

Client was stopped for speeding and arrested for OUI. He failed the breathalyzer at the station a well over the legal limit. Before advising him how to proceed, I insisted on scrutinizing the booking video and discerned that the breath test was not properly administered. I was able to show this to a Judge at a Motion to Suppress Hearing. The Judge agreed and excluded the breath test from evidence at Trial.

See court order excluding breath test.

Client was stopped for erratic driving and admitted taking Vicodin. He told the officers he had a prescription bottle in his coat pocket beside him. The officer reached in the open window, extracted the coat, searched the pockets and found the incriminating pill bottle. At my Motion to Suppress, I argued that he had not given legally sufficient permission to the officer to reach into the car, seize his coat and/or search the pockets. The judge agreed.

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.

My client had been in a bad accident, was arrested, took the breathalyzer and registered over limit. After reviewing the test documents, I saw they indicated he had only been observed for 11 minutes before the test, not the 15 that are required. After an extremely hard fought Motion to Suppress Evidence, the judge called for briefs. I submitted an extensive one, along with a transcript of the Hearing. Two months later, the Judge ruled in our favor: the breathalyzer evidence was excluded.

See judge's order suppressing breath test.

"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 rear-ended the car in front of him. According to the State Police report, both vehicles sustained " significant damage" and the airbags had deployed in my client's car. The trooper's report indicated his eyes were red as well as bloodshot and he had an odor of alcohol about his breath as he spoke. Both drivers were taken to the hospital and the trooper, who was an accident reconstruction specialist, concluded my client had been traveling "significantly in excess of the 65 mph speed limit." At the trial, I argued the deployed airbags were the likely cause of his red and bloodshot eyes and that an odor of alcohol alone is insufficient proof of impairment. The judge agreed saving my client an OUI conviction.

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

My client was arrested after a chase by the police and elected to take the breathalyzer at the station house. He failed it over limit and his license was suspended immediately. After viewing the booking video, I could see that the test was not properly administered and recommended my client challenge it. After a full Hearing on my Motion to Suppress evidence, the Judge threw the breath test out of court.

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.

My client had his Massachusetts driver's license suspended for life for refusing the breathalyzer test on his most recent arrest. I researched the paperwork on his prior cases from 30 years ago and made copies. I brought him before the Board of Appeals and argued that the handwritten dispositions were ambiguous, at best, and he deserved the benefit of the doubt. The Board ruled in our favor, reversing the lifetime suspension and reducing it to just five years. He now will be able to get licensed again.

My client received a Summons in the mail for Leaving the Scene of an Accident. I examined the police reports, accident reports and all related paperwork. My advice: take the case to trial. On the date of trial, the two witnesses said they could not identify for certain who was driving the vehicle. Result: DA dismissed all the charges resulting in no conviction and no license loss for my client.

I had no idea how to fight a DUI after I was arrested. I was charged with Child Endangerment while OUI which carries a mandatory jail sentence of 90 days and a one year loss of license. Joe guided me through the whole process at the Registry and in Court. He had obviously been through this all many times before and truly knows his stuff. I couldn't recommend him more highly and was lucky to have him by my side. If I'd hired another Attorney, jail might very will have been the result. OK to call me to confirm all this.

Western Mass. client received a full three year license suspension by the RMV for refusing the Breathalyzer test on his 2nd offense. After an unsuccessful Hearing at the Boston RMV, I appealed it to the Judge in District Court. In his written decision, he found that the RMV "exceeded its constitutional or statutory authority" and "acted in an arbitrary and capricious manner." He ordered my client's license restored immediately so he could continue to drive legally while the case was still going on.

See judge's order restoring license.

The defendant had already pled guilty to OUI 2nd offense in Boston and had his license suspended for five years. Foolishly, he drove before the suspension expired and was arrested and charged in Somerville with operating after suspension for OUI. This charge carries a mandatory jail sentence of 60 days. This was further complicated because he was still on Probation in Boston and could be sent to jail by that Court merely for getting arrested again.

I first represented him while he was being held in jail at Somerville. I went sidebar and informed the judge that he was suffering from AIDS and complications and took 2-3 dozen medications per day. In other words, incarceration would likely kill him. The Judge convinced the DA to reduce the charge to mere Operating after Suspension and he received only a fine and was immediately released from jail and into my custody.

Then I represented him at his Probation Violation Hearings in Boston and managed to avoid the jail sentence from being imposed there as well.

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 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.

My client, facing his 2nd offense, refused the breath test and the RMV suspended his license for three full years. After an unsuccessful hearing at the Boston RMV, I appealed his case to a Judge in District Court who overturned his refusal suspension the very same day I argued before him. This saved my client:

1. three years with only a limited 12 hour license,

2. three years with the breathalyzer in his car and

3. about $3600 in fees.

See judge's order restoring license.

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

My client was charged as a third offender which carries a six month jail term. However, his license had already been suspended for two other OUIs. Then the DA added the dreaded new charge under Melanie's Law of 'OUI after Suspension for OUI.' This carries a mandatory minimum one year sentence which must be served only AFTER all other sentences are completed. Thus, he was looking at an absolute minimum 18 months in jail.  After my negotiations with the DA, I got her to drop the one year mandatory minimum sentence in exchange for a six month jail sentence thus saving him one year in jail.

East Boston Municipal 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.

In a bad accident, my client lost control of the car, struck a traffic signal, crossed the center line and ended up in the opposite lane of travel with heavy front end damage. The RMV then suspended him for three years for refusing the breath test. I then appealed the license suspension to a Judge in District Court and convinced the Judge to reverse his suspension so he got his license back while the case was still going on.

Cop testified my client smelled of alcohol, had slurred speech, failed the backwards counting, the 9 step walk and turn and the one leg stand field sobriety tests. At the station, my client was over limit and failed the breath tests as well. I stressed to the Court all the things my client had done right [no problems driving, producing license and registration, followed cop's instructions, etc.] and that the breath test was done over one hour after he was arrested and thus should be discounted.

A second offender refused the breath test and the RMV suspended him for 3 years. After an RMV Hearing, we then appealed to a District Court Judge using reasoning based on a recent Superior Court decision. The Judge agreed with my argument, finding that the RMV had ‘exceeded its statutory and constitutional authority.’

Client, a third offender, had been suspended for five years for refusing the breath test. Utilizing a loophole I found in Melanie’s Law, I appealed his suspension to the Board of Appeals in Boston and convinced the three member Board this was an error. They agreed.

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.

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.

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.

Melanie’s Law dictates if you blow .08 or over you are guilty of OUI. Period. Client had blown .09-- twice, admitted to coming from a bar and having four drinks over the past hour. Plus, the cop didn’t like the way he did the field sobriety tests. I advised him not to plead guilty and not to have a Jury Trial. We did so and he received a Not Guilty -- despite the two over limit breath tests.

My client tried to take the breath test some 6-8 times. He completed the first test but couldn't produce enough air to complete the second one as is required. The police nonetheless charged him with a refusal and he suffered a 3 year license loss. I reviewed the police paperwork and found it inadequate. We went to a Hearing at the Boston RMV but lost. We then appealed to a Judge. He agreed with me and reversed the RMV's decision.

Result: No 2 year license loss or "ignition interlock device" required.

Facing his 2nd offense, client was stopped at a drunk driving road block and registered an over limit.16 Breathalyzer –twice the legal limit. At my Motion to Suppress, I argued that the roadblock did not comply with the very strict guidelines set up by the Supreme Judicial Court for the operation of roadblocks. The Judge agreed and threw the case out of Court.

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.

My client was stopped for a lanes violation and admitted to drinking wine. When asked to walk a straight line heel to toe, he said, "I can’t do that test when I'm sober." At Trial, I presented the booking video, showing him standing in front of the desk for a full ten minutes without swaying. I argued that created the required reasonable doubt. The Judge agreed and we beat a DWI.

The cop followed my client and testified he committed "several lanes violations" and noted a "moderate" odor of alcohol on his breath. Then the client admitted to 5 beers in a short period of time, got out of the car and made several errors on the field sobriety tests.

My client, charged with his 2nd offense, had refused the Breathalyzer and the RMV immediately suspended him for a full three years. I advised him that there was a loophole in the then current statute allowing for a reduction of this to just 6 months through the Board of Appeals. I presented the Board with my Memorandum detailing this and the Board accordingly reduced his three year suspension to just six months.

My client crossed the fog line and almost hit a state police cruiser. When he was finally stopped, his clothes were disheveled, his speech was slurred and there was a strong odor of alcohol on his breath. He was unable to complete the alphabet test and was arrested for his 2nd offense as well as obstructing an emergency vehicle. He was found not guilty: no mandatory jail, no two week hospital treatment program, no fines, no fees, and no probation.

My client had been assigned to a DWI program out of state for Reckless Driving [which can count as a prior OUI in Mass] so the DA charged 2nd offense. I reviewed the statutes and produced a Memorandum showing that the DWI program had to be done as a result of a “like violation.” I convinced the DA Reckless Driving didn’t contain a per se or impairment element and thus didn’t suffice. She agreed and reduced the charge.

Under Melanie's Law, having been arrested twice in one month for OUI, my client was facing a minimum mandatory jail sentence of ONE FULL YEAR every day of which had to be served. I presented the DA with a "Motion with Exhibits" from the RMV showing his license was suspended not for the prior OUI but for the breath test refusal only.

A summa cum laude UMass grad was speeding 87 mph in a 65 mph zone, couldn't say the alphabet and failed all four field sobriety tests. Then the cop testified he had crossed the center line by "a foot and a half" for "10 to 12 seconds" at least "two to three times." On cross exam, I asked him to underline the sentences in his Report where he recorded any of those assertions. Not even one was in his Report and he lost all credibility with the Judge.

My client had been convicted for a NH operating under the influence charge in which he had blown over the legal limit. Then, he was caught driving again in Massachusetts. I chose to discuss his case with a DA with whom I had dealt before and knew was willing to deal. He agreed to reduce the charge , eliminating the mandatory jail provision. The Judge rubber-stamped it.

On the 9 Step Walk & Turn test, Client took 20 steps out and 22 steps back (instead of 9 each way). Plus, he admitted first to 2 then later to 6 beers. At my Motion to suppress evidence, the Judge threw out his admission to 6 beers as in violation of his Miranda Rights. Then at trial, I showed the booking video and stressed everything my client had done right instead of wrong.

When the cop didn't show on the Motions date, I argued to the Judge that the Officer had an obligation to the Court itself and didn't fulfill it. The Judge agreed and dismissed the charges.

After that, I handed the Judge an Order to sign restoring my client's license despite the 3 year loss from the RMV for refusing the Breath test. He signed that too and my client's license was restored the same day.

I decided to attack my client's Registry imposed suspension for over limit breath test. I had the Police fax me 21 pages of documents which I scrutinized over the weekend, discovering the test machine's calibration was wrong. We went back to Court immediately and the DA didn't even try to oppose my Motion.

The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew an over limit.15 at the station, almost twice the legal limit. I advised my client how to fight a DUI: attack the legality of the stop of the car. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his decision.