OUI Case Results
Massachusetts DUI Case Results
Chelsea District Court
The client was charged with Operating Under the Influence of Liquor, second offense and negligent operation of a motor vehicle. The government alleged the client was involved in an accident with a USPS truck as the truck pulled away from the curb after collecting the mail. The client stopped and exchanged information with the Postal worker. The postal worker called his supervisor who arrived about 10-15 minutes later. The Supervisor testified he smelled alcohol on the client’s breath and that the client was irritated. The Supervisor called police. An officer arrived about 10-15 minutes later and remained on scene for another 10-15 minutes. After the Supervisor called police, the client went home. The police officer went to the client’s home and observed him to walk with a stuttered step, noted his eyes were bloodshot and glassy and that he smelled alcohol on the client’s breath. The officer also removed a steel water bottle containing beer from the client’s coat pocket. The case proceeds to jury trial.
Result: NOT GUILTY on Operating Under the Influence and Negligent Operation of a Motor Vehicle.
Chelsea District Court
The client was charged with Operating Under the Influence of Intoxicating Liquor. The Police alleged they observed the client driving the wrong-way on a one-way street. The Police stopped the client. The client admitted to drinking about 8 beers. The client had suffered a serious brain injury about ten years ago and was deemed incompetent. The Commonwealth refused to dismiss the case. Boston Motion to Dismiss Attorney Jeff Miller prepares a motion to dismiss in the interest of justice.
Result: Motion to Dismiss ALLOWED in the interest of justice.
Quincy District Court
The client was charged with Operating a motor vehicle under the influence of intoxicating liquor (OUI). Police alleged the client was sleeping inside her car in a fast food parking lot. Police approached the car and noted the engine was running and the lights of the car were illuminated. The officer removed the client from the car and administered field sobriety tests. The client was placed under arrest. Massachusetts OUI Defense Attorney Jeff Miller prepares for trial.
Result: Jury finds client NOT GUILTY.
Chelsea District Court
The defendant was charged with Operating under the influence of liquor, second offense and negligent operation of a motor vehicle. The government alleged a police officer observed the defendant and her passenger changing a flat tire alongside the road. The officer stopped to assist. While speaking with the defendant the officer observed the defendant to be unsteady on her feet, smelled a strong odor of alcohol and noted her eyes were bloodshot and glassy. The passenger informed the officer the defendant was the driver of the car. Prior to trial, Chelsea, MA OUI Attorney Jeff Miller files motion to dismiss negligent operation charge. Prosecutor concedes motion. Attorney Miller prepares for trial. During preparation, Attorney Miller drafts motion in limine to exclude the statement of the passenger. On day of the trial, the trial Judge ALLOWS the motion to exclude the statement. At trial, the booking officer testifies he was unable to fingerprint the defendant during booking due to the perceived level of intoxication.
Result: Jury finds defendant NOT GUILTY.
Wrentham District Court
The defendant was charged with operating under the influence of intoxicating liquor, second offense. The government alleged the defendant was involved in a car accident while leaving a crowded area. The Trooper who was directing traffic walked to the accident site within a few seconds after the accident. The Trooper testified the defendant had difficulty reciting the alphabet and appeared to be unsteady on his feet. The Trooper also smelled the odor of “digested alcohol.” Wrentham DUI Lawyer Jeff Miller retains a doctor specializing in traumatic brain injury. The doctor testifies about the possible effects of a traumatic brain injury suffered by the client approximately 10 years earlier.
Result: Jury finds defendant NOT GUILTY.
Chelsea District Court
The defendant was charged with operating under the influence of liquor (OUI). The government alleged the police received an anonymous 911 call stating a certain car was “all over” the road. The unknown caller forced the defendant to the side of the road when they entered into a rotary. The unknown caller remained at the scene until police arrived and then yelled out the window, the defendant was drunk and left without making himself known. The officer performed field sobriety test and concluded the defendant failed the tests. During booking, the defendant apologized for drinking and driving. Chelsea OUI Attorney Miller files a motion to suppress and unknown caller effected a defacto arrest without authority. The motion Judge denied the motion to suppress. Attorney Miller prepares for trial.
Result: Jury finds defendant NOT GUILTY.
Boston Municipal Court
Brighton Division
The defendant is charged with operating under the influence of liquor (OUI). The government alleged the defendant was stopped for a broken taillight. The officer smells the odor of alcohol and observes the defendant’s eyes to be bloodshot and glassy. The officer alleges the defendant fails the field sobriety tests. The defendant blows a .10 breath test at the station. Brighton, MA DUI Attorney Jeff Miller argues ther evidence does not suggest the client is under the influence or impaired.
Result: NOT GUILTY.
Boston Municipal Court
Dorchester Division
The defendant is charged with operating under the influence of liquor. The government alleged the defendant was stopped at a sobriety checkpoint. Police smelled to odor of alcohol and observed the defendant to have bloodshot and glassy eyes. The defendant performed field sobriety tests and, according to the officer, failed the tests. Dorchester, MA OUI Lawyer Jeff Miller files a motion to suppress. On the day of the hearing, the police witness does not appear after being properly summonsed. Attorney Miller moves to dismiss.
Result: Motion to dismiss ALLOWED over the objection of the prosecutor.