Case Results » 2013

  • Criminal Case Of Leaving The Scene Of An Accident Following Property Damage To Be Dismissed

    A bystander claimed that he witnessed a car strike a curb and knock over a sign and a utility pole. The witness claimed to follow the errant car for a distance then call the police supplying the license plate number of the vehicle. The police ultimately connected the car to the defendant. Following the issuance of a criminal complaint, the defendant retained Attorney McCarthy. Despite the fact that the defendant had other criminal entries on record, our office convinced the judge to continue the case for a period of time. In the event that the defendant does not get rearrested the case will be dismissed.

  • Attorney McCarthy Successfully Prevents The Extension Of A Harassment Prevention Order

    The plaintiff claimed that the defendant "harassed" her by unexpectedly showing up at her place of work, sending her gifts and leaving her messages. The plaintiff/complainant secured an ex-parte temporary 258E Harassment Prevention Order. During the evidentiary hearing a few days later, through cross examination and witness testimony, Attorney McCarthy was able to demonstrate that the plaintiff had exaggerated her claims and that no reasonable person in her position would be afraid of the defendant. Following the hearing the judge denied the plaintiff's request to continue the 258E order for one year.

  • Charge Of Failing To Register As A Sex Offender To Be Dismissed Over Objection Of The Commonwealth

    The defendant was charged with failing to register as a sex offender. The defendant was charged after the defendant secured employment and unwittingly failed to register at his place of employment. The Commonwealth requested that the defendant receive a year in jail and be placed on lifetime community parole because of this one lapse in over a decade. Our office convinced the judge to continue the case for a period of time and if the defendant does not have any further difficulties to dismiss the case. Assuming the defendant continues on the straight and narrow path, the case will be dismissed.

  • Clients Probation Successfully Terminated

    The defendant was on probation in Superior Court for a number of felonies. The defendant had served a portion of his committed sentence. The defendant contacted Attorney McCarthy for representation at a probation surrender hearing as he was facing the potential for incarceration. Attorney McCarthy dealt with the probation officer advocating the client's efforts and success and the probation was terminated in a reasonable amount of time.

  • Attorney McCarthy Secures Pre-Trial Probation For Client Without Any Type Of Admission In Assault And Battery [Domestic Violence] Case

    An individual reported that a former partner had committed an assault and battery on him. The police conducted a cursory investigation and charged the client with assault and battery, despite the fact that he maintained that he was the "victim." Attorney McCarthy conducted lengthy investigation, reviewed medical records and conducted witness interviews and presented the client's perspective to the District Attorney's Office. After reviewing the case, the Commonwealth agreed to dismiss the case following a short period of time without requiring the defendant to make any time of admission.

  • Case To Be Dismissed Against Client Charged With Operating Under The Influence Of Alcohol

    According to the police report, officers pulled the car driven by the defendant over. The police officer maintained that the driver/defendant committed a moving traffic violation. The officer claimed that he smelled an odor of alcohol coming from the car and ordered the defendant out of the car to conduct field sobriety tests. Following these tasks, the officer concluded that the defendant was under the influence of alcohol and arrested him.

    The defendant's main objective was to get his license back as soon as possible. After lengthy discussions about the facts of the case the defendant wanted to dispose of the case as soon as possible. Attorney McCarthy described the defendant's impressive family, educational and professional background to the judge. The judge agreed to continue the case for one year and provided the defendant does not get in any trouble and satisfies certain conditions the case will be dismissed. The defendant can also apply to the registry of motor vehicle for a "Cinderella" or "hardship" license so that he can go to work. This disposition is NOT considered a criminal conviction.

  • Attorney McCarthy Successfully Argues For Early Termination Of Probation

    A non-citizen client received pre-trial probation for two years on a malicious destruction of property case. During the pendency of the case the client was unable to travel to his home country because he was concerned about the immigration consequences. Attorney McCarthy brought the case forward and convinced the judge to terminate the pre-trial probation early so that the client was free to travel to see his family for the upcoming holidays.

  • Client Avoids Facing Criminal Charges Following A Clerk's Hearing

    Local police pulled over the client's car for a minor moving traffic violation. After issuing the citation the police officer noticed beer and vodka in the back seat. Upon further investigation the officer determined that the client was under twenty-one years old and had a fake out of stated identification card. The client was summonsed to court and faced two criminal charges of being a minor in possession of alcohol and possessing a fake identification card.

    At the clerk's hearing the police prosecutor outlined the facts of the case. Attorney McCarthy presented the client's favorable and impressive background and the clerk agreed not to issue criminal charges provided the client stays out of trouble for a short period of time and satisfies certain conditions. Provided the client follows these stipulations the case will be dismissed. Because the client was never arraigned, this case will not appear on any criminal history check performed on the client once the case is dismissed.

  • Attorney McCarthy Secures Recall Of A Warrant And Dismissal Of Case For Out Of State Client

    The defendant recently became aware of an out of state warrant for his arrest stemming from a criminal case over twenty years ago. The client reached out to Attorney McCarthy. Attorney McCarthy contacted the clerk's office and the District Attorney's office to determine the viability of the case. After discussions with the District Attorney's Office it became apparent that the case could not proceed and the prosecutor agreed to dismiss the criminal case against the client. Because of Attorney McCarthy's work the client only had to appear in court one time for the dismissal of the case.

  • Attorney McCarthy Negotiates Dismissal of Misdemeanor And Felony Cases Lodged Against Client

    The police report alleged that the female defendant texted her former boyfriend/complainant over three hundred times over a short period of time, threatened the complainant and his "new" girlfriend and stalked him. Any type of finding could potentially have resulted in collateral employment consequences for the professional client.

    Quickly after being retained, Attorney McCarthy contacted the District Attorney's Office advocating for a disposition that would not involve any type of admission and an eventual dismissal. Although reluctant to agree to pre-trial probation, following Attorney McCarthy's persuasive argument to the judge the ADA eventually agreed to a term of pre-trial probation. The client did NOT have to admit to any facts and does not have a conviction. Provided the client satisfies a few conditions, the case will be dismissed.

  • Attorney McCarthy Successfully Achieves Dismissal Of Case Against Client Charged With Sex For A Fee

    An undercover police officer approached a stopped vehicle. According to the police report, there was a discussion about oral sex being performed for a price. Before the unsuspecting defendant could get out of the car he was surrounded and charged with sex for a fee.

    The District Attorney's Office recommended that the defendant, who had NO record, be found guilty and sentenced to a term of probation. Attorney McCarthy presented the defendant's impressive work history, commitment to family and community and the judge dismissed the case over the Commonwealth's objection.

  • Following An Evidentiary Hearing Judge Vacates A M.G.L. 258E Harassment Prevention Order

    The complainant was issued an ex-parte harassment prevention order by a district court judge. After reviewing the affidavit filed in support of the order, Attorney McCarthy believed that the order never should have issued. Attorney McCarthy conducted in-depth witness and client interviews and prepared for the evidentiary hearing. On the day of the hearing the judge listened to Attorney McCarthy's legal arguments indicating that the complainant NEVER met the standard for the Harassment Prevention Order to issue. The judge vacated the order.

  • Court Vacates Harassment Prevention Order And Enters Dismissal For Alleged Violation Of A M.G.L. ch. 258E Harassment Prevention Order

    An out of state client was served with a Harassment Prevention Order following a verbal disagreement with and acquaintance. After the issuance and service of the order the police arrested the defendant as he was allegedly in the presence of the complaining witness. The client faces the misdemeanor charge of violating a criminal harassment prevention order. Over the long weekend the office conducted lengthy witness interviews and prepared for court.

    Attorney McCarthy appeared in court and explained the situation to the prosecutor and the judge. After evaluating her claims and a brief hearing, the criminal charge and the harassment prevention order were dismissed. The client returned to his home state without having to return to Massachusetts for a hearing.

  • Massachusetts Appeals Court Vacates Harassment Prevention Order For Client Represented By Attorney McCarthy

    The client and complaining witness worked together at a company. The witness applied for and received a Harassment Prevention (M.G.L. 258E) which interfered with his ability to perform his duties without stress resulting from the threat of being charged with the crime of violating the restraining order. Our office appeared in the District Court and vehemently argued that the allegations of the plaintiff did NOT meet the threshold for having the order extended. The judge improperly extended the order.

    Our office appealed the findings of the judge to the Massachusetts Appeals Court and vehemently argued that there was NO basis for the order being issued. The Appeals Court agreed and ordered that the order be vacated.

  • District Court Enters a Nolle Prosequi For Defendant Charged With Possession Of Marijuana With Intent To Distribute In A School Zone Following Attorney McCarthy's Successful Litigation Of Motion To Suppress Evidence

    The police pulled the car driven by the defendant over for a routine traffic violation. Following brief questioning, the defendant gave the officer a minimal amount of marijuana. Based on an alleged strong "odor" of fresh marijuana, that the officers claimed emanated from closed mason jars, the car was searched. Based on the seized evidence the defendant was charged with possession of marijuana with intent to distribute in a school zone.

    Following a lengthy evidentiary hearing, the judge agreed with Attorney McCarthy that the search of the car was illegal and the evidence was suppressed. The District Attorney's Office reviewed the matter and declined to prosecute the case against the defendant. The happy client walked out of the court room.

  • Client Charged With Possession Of An Illegal Substance With Intent To Distribute Receives Pre-Trial Probation

    Police were called to a multi-unit dwelling because of an alleged physical altercation. It was alleged that on the way to the building they were informed that the location was a "known drug house." When the officers arrived, they interviewed the defendant, who appeared to be the victim of an assault. The police eventually entered the apartment and saw what they believed was illegal controlled substances and drug paraphernalia. The police sought a warrant and searched the premises. The defendant was eventually charged with possession of controlled substances with intent to distribute and related charges.

    Attorney McCarthy filed a motion to suppress evidence alleging that the entrance into the apartment and the search was illegal. She also filed a motion to dismiss the charges because there was no probable cause to charge the defendant with the criminal offenses. After lengthy discussions the defendant was placed on pre-trial probation. The case will be dismissed provided the client does not get into any more legal trouble/ The client did not have to admit to sufficient facts and was not convicted.

  • Case To Be Dismissed Against Client Charged With Sex For A Fee

    A local police department arrested a male who allegedly agreed to pay for sex. According to the police report, after the defendant and an undercover police detective engaged in discussions a signal was given to surrounding officers that the defendant had offered money for sex. Attorney McCarthy vigorously argued against having a conviction imposed for the crime of sex for a fee. After hearing arguments the Court agreed to continue the case for three months. As long as the defendant abides by certain conditions and does not get rearrested, the case will be dismissed. A conviction did not enter against the defendant.

  • Charge Of Illegal Possession Of A Class "B" Substance To Be Dismissed

    Police officers pulled a car over that was operated by the defendant. As justification for the stop, the officers claimed that the license plate for the car the defendant was driving was not illuminated. According to the police report, because the operator/defendant was acting "extremely nervous" the officers asked for back up and eventually ordered the operator out of the car. During a search of the car, which Attorney McCarthy argued was illegal, the police confiscated baggies which the police believed contained a class "B" substance.

    Upon examining the discovery, Attorney McCarthy filed a motion to suppress and dismiss evidence based on the fact that there was no probable cause to charge the defendant with a crime, the illegal exit order of the defendant from the car and the illegal search of the car. After McCarthy filed these viable motions the judge continued the case for a short period of time which will be dismissed provided the defendant does not get into rearrested. The defendant did NOT have to admit to any facts and there was NO conviction.

  • Attorney McCarthy Successfully Upholds Superior Court Suppression Of A Firearm In The Massachusetts Appeals Court

    A Detective approached and searched a citizen who was walking with two companions that the Detective believed were "gang" members and had previously been arrested for firearm offenses. The Detective claimed that this information coupled with his belief that the group was in a "high crime" area entitled him to approach and search the defendant. Upon searching the defendant the Detective found a firearm. The defendant was charged with illegal possession of a firearm and faced serving a mandatory minimum sentence of eighteen months in prison without the possibility of parole.

    Attorney McCarthy represented the defendant in the Massachusetts Appeals Court and claimed the holding of the motion judge allowing the motion to suppress evidence must be affirmed. She argued that the Detective violated the defendant's state and federal constitutional rights as he did not have reasonable suspicion that the defendant was committing, was about to commit or did commit a crime or that he was armed and dangerous when he searched him. The Appeals Court agreed and affirmed the motion judge's order allowing the motion to suppress.

  • Client Avoids Conviction For Operating Under The Influence Of Alcohol Despite Driving On A Flat Tire

    The police pulled over the car the defendant was driving after noticing that it had a flat tire and smoke was coming from the wheel. Upon pulling the car over the officer noticed an odor of alcohol coming from the driver/defendant. The police officer conducted field sobriety tests and ultimately arrested the defendant. The defendant took the breathalyzer that was double the legal limit. Despite the request from the Commonwealth that the judge enter a guilty, the judge followed Attorney McCarthy's request not to have a guilty finding enter and have the case continued for one year to be dismissed provided the defendant satisfies certain conditions. Once the year is over, the case will be dismissed without the defendant having to appear in court.

  • Attorney McCarthy Successfully Secured Dismissal For Misdemeanor Trespass Case For Local Pastor

    The police responded to a home as the result of a report of a suspicious person. Upon arrival, the police spoke to an individual that was walking a dog. The police questioned a home owner who alleged that the person was improperly entering the driveway and was concerned about the individual's behavior. The client was summonsed to court and faced a charge of trespassing. Although this type of offense does not appear to be too serious, any type of finding could interfere with employment and future job opportunities. Attorney McCarthy conducted a lengthy pre-trial interview with the client and moved to have the case dismissed. The judge dismissed the case and the defendant left the courthouse without any type of conviction or finding of sufficient facts.

  • Non-Citizen Client Facing Two Counts Of Illegal Possession Of Class E, Negligent Operation Of A Motor Vehicle And Operating Under The Influence Of Alcohol Charges Secures Disposition That Should Avoid Immigration Consequences

    According to the police report, a motorist crashed a car into the front door of a local business. The police were dispatched to the location and spoke with the defendant. After speaking with the defendant and conducting field sobriety tests, the officer formed the opinion that the defendant was operating while under the influence of alcohol and negligently operated the car. Upon the arrest of the defendant a search of the motor vehicle resulted in the officers finding two glassine bags of "pills" and the defendant was charged with two counts of illegal possession of a class E substance.

    The client was not a citizen but in the process of applying for legal permanent residency. Attorney McCarthy immediately identified the potential immigration consequences that could result from any type of finding on a drug offense or negligent operation of a motor vehicle. A non-citizen who has any type of finding (continuance without a finding or a guilty finding) is viewed as inadmissible and deportable. Attorney McCarthy conducted lengthy pre-trial interviews of the client and her family and made a reasonable request to the District Attorney's Office for the dismissal of the drug offenses and the negligent operation of a motor vehicle count, which was ultimately done. The client's case was continued for one year without a finding on the operation under the influence count and as long as the client satisfies certain conditions the case will be dismissed in one year. The case was favorably resolved for the relieved client who should not have any adverse effects with immigration as a result of the negotiated disposition.

  • Attorney McCarthy Secures Dismissal Prior To Arraignment On A Misdemeanor Shoplifting Case

    An elderly woman was charged with shoplifting from a well known department store. The defendant expected to receive a summons for a clerk's hearing. The defendant never received the summons for the clerk's hearing and a warrant issued for her arrest. Upon contacting Attorney McCarthy arrangements were made to have the warrant recalled. On the initial court appearance Attorney McCarthy negotiated the case with the District Attorney's Office and the charge against the defendant was dismissed prior to arraignment. Thus, there will not be any official record of the client facing this charge.

  • Attorney McCarthy Successfully Negotiates Termination Of Defendant's Probation Following A Probation Termination Hearing

    The defendant received notification that the probation officer moved to have her surrender for failing to show up for a drug test. The office conducted interviews with the client and advised her to produce documentation of her completion of substance abuse programs and current employment. After conferencing the case with the probation officer the probation department agreed to have the defendant's probation terminated. The client walked out of the court house without having to worry about probation any longer.

  • Judge Allows Motion To Suppress Drugs And Related Evidence Seized Without A Warrant For Client Facing Mandatory Minimum Sentence For A Charge Of Possession With Intent To Distribute A Controlled Substance Within 1000 Feet Of A School Or Park

    The police report alleged that a police officer activated its blue lights and pulled a car over because of a traffic violation. The officer claimed that as he "exited the cruiser he immediately became aware of a pungent odor" of what he believed was marijuana. The defendant produced his license and registration. The officer asked the defendant what was in the car and the defendant produced a pipe and a mason jar with less than ½ ounce of marijuana. Thus, there was no probable cause to believe that there was criminal activity afoot. The officer claimed that he continued to smell a "strong odor" of marijuana and used this odor as justification for a search of the whole car, including the trunk. The illegal search of the car eventually led to the illegal search of the defendant's home. During the search of the car and home the police confiscated numerous mason jars containing marijuana, a glass pipe, a plastic baggy with alleged marijuana, unused baggies, small grinders, a wallet and money.

    Attorney McCarthy filed a motion to suppress the evidence seized as a result of the warrantless search claiming that the exit order and subsequent search of the car and the defendant's home was illegal because the officer did not have probable cause to believe that the defendant was committing, had committed or was about to commit a crime. During the evidentiary hearing, Attorney McCarthy stressed that the purpose of Mason Jars is to keep the product fresh and the smell inside of the jar. Accordingly, the testimony of the police officer that there was a pugent odor of marijuana when he exited his cruiser was incredible based on the fact that the lion's share of the marijuana was inside of the jars. The judge agreed and allowed the defendant's motion to suppress.

  • Client Avoids Conviction For Operating Under The Influence Of Alcohol, Negligent Operation Of A Motor Vehicle And Leaving The Scene Of An Accident After Causing Property Damage Despite Motorists Notifying Police Of Erratic Operation

    The police report alleged that concerned citizens called in to report erratic operation of a "vehicle traveling all over the road" that side swiped a car on Christmas Eve. The police responded and conducted field sobriety tests which the driver failed. The driver was arrested and charged with operating under the influence of alcohol, negligent operation of a motor vehicle and leaving the scene of an accident that caused property damage. Although the District Attorney's Office requested that the motorist be found guilty on all charges, following a compassionate plea from Attorney McCarthy the judge agreed to continue the case without a finding for one year and provided the defendant satisfies certain conditions the case will be dismissed.

  • Felony Assault And Battery By Means Of A Dangerous Weapon And Misdemeanor Assault And Battery/Domestic Violence Case Dismissed Against Client

    The defendant and her boyfriend had a disagreement after a night out. The client had initially contacted the police claiming that her boyfriend had abused her. After interviewing the parties, the girlfriend was ultimately arrested and charged with a felony count of assault and battery by means of a dangerous weapon to with a knife and assault and battery. Attorney McCarthy conducted pre-trial interviews of the witnesses and moved for the case to be dismissed at a pre-trial hearing. The Judge allowed the motion and the case was dismissed against the client.

  • Client With Prior Drug Convictions Receives Pre-Trial Probation

    According to the police report a Police Officer noticed a car precariously parked in grass on the side of a busy road. The curious officer approached the car and saw an individual in the car that appeared pale and gaunt. According to the officer as he approached the vehicle he noticed the occupant was sweating. Eventually, the officer searched the car and found what he believed were controlled substances and drug paraphernalia. The defendant was arrested and charged with numerous drug offenses as a "subsequent offender."

    Attorney McCarthy conducted pre-trial investigation and interviews and became closely familiar with the defendant's background. Despite the fact that the defendant had a lengthy prior record, the District Attorney's Office ultimately agreed to place the defendant on a short term of pre-trial probation. The case will be dismissed provided the defendant stays out of trouble. The client did not admit to sufficient facts or receive any type of conviction.

  • Judge Vacates 209A Restraining Order Against Client Following An Evidentiary Hearing

    The unsuspecting client was served with a 209A restraining order that required that she stay one hundered yards away from a former boyfriend and not to contact him. The client/defendant promptly contacted Attorney McCarthy who had a lengthy meeting with the defendant prior to the hearing. The former boyfriend/plaintiff alleged that the client improperly accessed personal information on a computer and was requesting that someone drive by his home to see if he was there.

    Attorney McCarthy appeared at the extension hearing with the client. Following the hearing the judge agreed that the plaintiff failed to satisfy the legal standard necessary to get an order which is that conduct by the defendant put the plaintiff in reasonable apprehension of immediate physical harm. The Judge vacated the order—effective immediately.

  • Two Counts Of Violation Of A 209A Restraining Order To Be Dismissed

    The plaintiff alleged that on two different occasions the defendant violated a valid 209A restraining order. In one instance the Commonwealth alleged that a witness saw the defendant circling in the parking lot of her apartment building. In a second incident, the plaintiff alleged that she and a witness saw the defendant at her place of employment days after the extension of the order.

    Attorney McCarthy answered ready for trial on the trial date. The judge agreed to continue the case for one year with no other conditions. The cases will be dismissed provided the defendant does not get rearrested. Attorney McCarthy persuasively argued to avoid having a guilty finding enter even though the client had a previous entry involving the same plaintiff. The client walked out of the courthouse without any criminal conviction.

  • Criminal Charge Of Violation Of A 209A Restraining Order Dismissed

    The Commonwealth alleged that the defendant violated a 209A restraining order by calling the plaintiff. The discovery provided by the District Attorney's Office indicated that the plaintiff claimed that she received calls from and unknown number and employed an online website which revealed that the call came from her ex-boyfriend's/defendant's cell phone.

    Attorney McCarthy was retained and marked the case for trial. Armed with the appropriate motions she argued that the Commonwealth could not prove the case beyond a reasonable doubt because they did not produce the proper phone records. The judge agreed and the case was dismissed.

  • Violation of a 209A Restraining Order Charge To Be Dismissed

    Following an ugly break the plaintiff and defendant were embroiled in a nasty civil dispute. The plaintiff claimed that the defendant was contacting her because he was upset over the outcome of the case. During the hearing, in which the defendant was not represented by an attorney, a judge extended the 209A restraining order finding that the plaintiff was in reasonable fear of serious physical harm.

    The plaintiff claimed that while the order was in effect the defendant contacted her via text messages and emails. Attorney McCarthy represented the defendant in this case. Although the defendant had a previous entry on his record Attorney McCarthy successfully argued to have the case dismissed in a year provided the defendant does not get rearrested. Although the prosecution requested that a guilty finding enter, the judge agreed with Attorney McCarthy and continued the case without a finding for one year. The client avoided a criminal conviction.

  • 209A Restraining Order Vacated Against Defendant

    The defendant's mother received a temporary 209A order against her son. The unhappy mother wanted her son and his girlfriend to move out of her and alleged that she believed that the relationship was "volatile." The son retained Attorney McCarthy to represent him at the extension hearing. Attorney McCarthy represented that the plaintiff was actually the aggressor and is facing a hearing for assault and battery on the defendant's girlfriend. The judge realized that there was no basis for the order to be extended and it was immediately vacated.

  • District Court Dismisses Illegal Possession Of Class B Substance

    The police alleged that the driver of the car that the defendant/passenger was in committed a civil traffic violation. After pulling the car over the police ordered the passenger out of the car and confiscated a controlled substance from her. The defendant retained Attorney McCarthy. Attorney McCarthy pointed out the illegality of the stop and exit order and presented the client's background in a favorable light. The District Attorney's Office agreed with Attorney McCarthy and the case was dismissed.

  • Client Facing Mandatory Minimum Two Year Sentence On Possession With Intent To Distribute A Class D Substance Walks Out Of Court Without ANY Type Of Conviction Or Admission/Case To Be Dismissed

    A police investigation uncovered a group of individuals that had a well organized scheme to cultivate and distribute marijuana in the backyard of one of the defendant's home. An informant's tip and corroborating observations of tents and hoses used to grow marijuana plants led the police to interview the defendant. The uncounseled defendant made admissions to the police relative to his involvement in the cultivating and distribution of the product. The defendant was charged with possession of marijuana with intent to distribute in a school zone. If convicted the defendant would receive the mandatory sentence of two years in jail.

    The defendant finally retained Attorney McCarthy. Attorney McCarthy conducted independent witness interviews and presented the client's impressive background, including military service, to the District Attorney's office. As a result of McCarthy's persuasive arguments, the District Attorney's Office agreed to reduce the charge to straight possession and have it dismissed in a few months. The client did not have to admit to any facts and the client could continue with his military career without any consequences.

  • Attorney McCarthy Secures A NOT GUILTY Verdict For Operation Under the Influence (DUI) of Alcohol And Dismissal Of Drug Charges

    The client was arrested and charged with operating under the influence of alcohol and illegal possession of a controlled substance. The Massachusetts State Trooper alleged that his attention was drawn to the client's motor vehicle because of very loud music coming from it. The Trooper claimed that he also noticed that the truck swerved over the marked lanes and that the license plate light was broken.

    The Trooper followed the truck and pulled it over. The client was the driver and there was a passenger in the front seat. The Trooper asked the client for his license and registration which the client produced. After speaking with the client, the Trooper testified that he noticed an odor of alcohol, that the client's eyes were red and told him to get out of the car for a series of field sobriety tests. The Trooper administered the horizontal gaze test, the one leg stand and the nine-step walk and turn. Attorney McCarthy filed a number of pre-trial motions and the gaze test and the client's refusal to take the portable breath test and the breathalyzer test was excluded from evidence.

    During the trial the Trooper testified to what he believed were mistakes the client made during the one leg stand test and the walk and turn test. The trooper ultimately opined that client failed the test and was under the influence of alcohol. Attorney McCarthy conducted a lengthy cross examination emphasizing the physical and mental tasks that the client performed without difficulty and argued that despite the Trooper's opinion, the client was NOT under the influence.

    Three witnesses and the defendant testified for the defense describing the client's activities and sobriety that evening. The client was found NOT GUILTY. After the verdict was returned the Commonwealth moved to dismiss a possession of controlled substance charged that was lodged as the result of a product found in the car following the defendant's arrest. The judge allowed a motion requesting that the client's license be reinstated and the client got his license back from the Registry.