Case Results » DUI

  • Client Avoids Drunk Driving Conviction

    A State Trooper's attention was drawn to a car that was traveling on two flat tires. Upon pulling the vehicle over he noticed that the operator had a strong odor of alcohol on his breath and slurred his speech. The driver agreed to participate in field sobriety tests and unfortunately, in the Trooper's opinion; he did not pass the tests. The out of state driver was charged with operating under the influence of alcohol [M.G.L. Chapter 90 section 24].

    The District Attorney's Office took an aggressive stance due to the facts of the case. The out of state client needed the case resolved without a conviction to ensure he could travel in and out of the United States without restrictions. Our office aggressively represented our client and the judge agreed to continue the case for a year and provided client satisfies certain conditions the case will be dismissed.

    Read More in Defenses to Crimes in Massachusetts

  • Clerk Denies Application For Complaint For Operating Under The Influence Of Alcohol

    Following a one car accident, the driver landed in the hospital. Pedestrians claimed the car appeared to be driven erratically before the crash. Based on witness interviews the defendant was summonsed to court for a clerk-magistrate's hearing for the charge of operating under the influence of alcohol. [M.G.L. ch. 90 Section 24 (1) (a) (1)]. Fortunately, the concerned defendant called our office immediately and we went to work and prepared for the hearing.

    During the hearing the police prosecutor presented the facts as they appeared in the police report. Based on our investigation of the accident coupled with medical information that was attained prior to the hearing our office made a very strong case that there was absolutely NO evidence that the driver was under the influence of alcohol at the time of the accident. The clerk agreed and the complaint did not issues against the driver.

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  • Despite Difficult Facts Client Evades Conviction For Negligent Operation Of A Motor Vehicle And Operating Under The Influence Of Alcohol

    The police responded to a motor vehicle after receiving calls from concerned motorists relative to a wayward driver who was driving off of the road without the car's headlights on. Concerned citizens reported that the driver of the car appeared "drunk" and the police alleged to have smelled a strong odor of alcoholic beverage emanating from the driver.

    After speaking to the witnesses the police arrested the driver who was charged with operating under the influence of liquor [M.G.L. ch. 90 Section 24 (1) (a) (1)] and negligent operation of a motor vehicle [M.G.L. ch. 90 Section 24 (2) (a)].

    Our office investigated the facts surrounding the incident and interviewed the involved parties at length. Although the facts were difficult for the client and the Commonwealth's recommendation was harsh following our allocution relative to the defendant's background the judge adopted our sentencing recommendation. The client received a straight dismissal of the criminal charge of negligent operation of a motor vehicle and the operating under the influence of alcohol will be dismissed provided certain conditions are satisfied. Despite strong facts for the prosecution, the client walked out of the courthouse without ANY criminal conviction.

    Read More in Continuance Without a Finding

  • Operating Under The Influence Of Alcohol Case To Be Dismissed Against Driver

    The police report indicated that a local police officer's attention was drawn to a motor vehicle driven by the defendant because other motorists complained that it almost struck another car. It was early afternoon and the police officer was surprised when he claimed that he smelled an odor of alcohol on the driver's breath. The officer performed "field sobriety tests" and in his view, the driver failed them. The driver was charged with operating a motor vehicle while under the influence of alcohol [M.G.L. ch. 90 Section 24].

    The defendant needed a license for work and family responsibilities. For that reason, Attorney McCarthy negotiated a disposition in which the case was continued for a period of time WITHOUT a guilty finding entering. Provided the client satisfies certain conditions the case will be dismissed and the client will NOT be convicted of this crime. Also, the client was eligible to apply for a "Cinderella," "Hardship" or "Twelve Hour" license from the Registry of Motor Vehicles.

    Read More in Hardship Licenses

  • Operating to Endanger Charge Dismissed And Operating Under The Influence Of Alcohol To Be Dismissed

    According to the police report, a State Trooper noticed a car "failing to maintain" in its lanes and traveling at a very low speed on a highway. The Trooper maintained that upon pulling the car over and approaching the driver's side window he smelled a strong odor of an "alcoholic beverage" coming from the car; saw a "tan liquid" inside of a glass in the cup holder and observed the driving unsuccessfully attempting to open the glover compartment a number of times. The driver admitted to ingesting some alcohol over the course of the evening and according to the Trooper, did not pass the field sobriety tests. The defendant refused to take the breathalyzer. For that reason, the license was suspended for 180 days. The defendant was charged with operating a motor vehicle recklessly so as to endanger the lives and safety of others [M.G.L. ch. 90 Section 24 [2] (a) and operating under the influence of alcohol [M.G.L. ch. 90 Section 24].

    As with most individuals, being able to drive again was important to the client. A little know fact is that if a person is found guilty on a operating to endanger charge the license is suspended without the possibility of a "Hardship" or "Cinderella license." Ironically, even if convicted of an OUI the driver is still eligible for a hardship license from the Registry of Motor Vehicles.

    Attorney McCarthy negotiated a disposition in which the District Attorney's dismissed the charge of operating to endanger and continued the OUI for a period of time to be dismissed provided the client satisfies certain conditions. The client was eligible to apply for a hardship license from the Registry of Motor Vehicles.

    Read More in CWOF

  • Charge Of Operating Under The Influence Of Alcohol [M.G.L. ch. 90 section 24] Stemming From A Roadblock Arrest Dismissed

    The defendant was ordered to pull over during a planned roadblock by the Massachusetts State Police. He was charged with OUI. After reviewing the documents supplied by the District Attorney's office relative to the protocol used in establishing the roadblock, Attorney McCarthy filed a motion to suppress evidence seized as the result of an unconstitutional roadblock. McCarthy maintained that the police did NOT have reasonable suspicion to divert the driver to a secondary screening location AND that the statistics used to claim that the selected location was a "problem area" were flawed.

    The case was scheduled for hearing a number of times and the Commonwealth repeatedly answered "not ready." On the last date, the Commonwealth still did not have all of the necessary witnesses and Attorney McCarthy requested that the case be dismissed. The judge listened and the case was dismissed. The client walked out of the courtroom with plans to go to the Registry and have his license reinstated.

  • Attorney McCarthy Secures A Not Guilty Conviction Following An Operating Under The Influence Of Alcohol [M.G.L. ch. 90 section 24] Trial

    According to the police report, a police officer's attention was drawn to the car driven by the defendant because the driver was allegedly speeding. Upon approaching the car the officer observed three male occupants in the car. She testified that she immediately smelled an odor of alcohol in the car and observed that the operator's eyes were bloodshot. According to the officer, the defendant appeared very nervous and dropped his license in his lap when he attempted to produce it for her. The defendant admitted to drinking during day of golf and was ultimately arrested and charged with operating a motor vehicle while under the influence of alcohol [M.G.L. ch. 90 section 24].

    Attorney McCarthy tried the case and conducted an effective and thorough cross-examination. The officer was unable to even testify to the fact that she believed the car was speeding because McCarthy objected to the testimony as the officer was unqualified to offer such an opinion. McCarthy emphasized everything that the driver did well that evening including responding to the officer's request to pull over, lack of traffic violations committed by the defendant and further explained that an odor of alcohol does not mean that the defendant was under the influence. A not guilty verdict was returned and the defendant walked out of the courtroom vindicated.

  • Case Of Operating Under The Influence Of Alcohol To Be Dismissed

    According to the police report, a police officer pulled over a car based on erratic operation on a rotary. Upon speaking to the driver, the officer smelled an odor of alcohol and claimed that her speech was slurred and she did not appropriately follow commands. Furthermore, in the opinion of the officer, the driver failed a number of field sobriety tests. The driver refused the Breathalyzer and faced a six-month suspension of her license to drive in Massachusetts.

    The driver was arrested and charged with operating under the influence of alcohol.  The driver's main objective was to be able to get her license back. Attorney McCarthy negotiated a disposition in which the case would be continued for a period of one year without any finding entering.  Provided the defendant satisfies certain conditions the case will be dismissed in one year. Because the case was disposed of the driver was free to secure a Cinderella or hardship license with the Registry of Motor Vehicles, which would allow her drive for a twelve-hour period during her license suspension.

    Read More in OUI

  • Not Guilty Verdict For Client Charged With Operating Under The Influence Of Alcohol [Client Under Twenty-One Years Old]

    According to the police report, at approximately 1 a.m. on an early summer morning, the officer's attention was drawn to a motor vehicle because the license plate light was not illuminated. After following the car for a short distance, the officer claimed that the right wheels of the car went over the yellow line. The officer activated the cruiser's blue lights and pulled the car over. The officer administered four "field sobriety" tests which in the officer's opinion, the driver failed. The client was placed under arrest and charged with operating under the influence of alcohol.

    Through the cross-examination of the arresting officer Attorney McCarthy emphasized that the driver, client, responded appropriately to the officer's request to pull the car over, pulled appropriately into a parking space, produced his license and registration upon request, answered all of the officer's questions, walked nine steps forward and backward for a "field sobriety test," held his leg up for a period of time for the "one leg stand" test and recited numbers in the correct order. Based on an effective cross-examination Attorney McCarthy did not need to call any witnesses and a NOT GUILTY verdict was returned.

  • Case Of Operating Under The Influence Of Alcohol To Be Dismissed

    The police report alleged that a police officer observed a car commit a traffic violation in the early morning hours. Upon witnessing the traffic infraction he pulled the car over. According to the report, the car travelled over the curb. The officer claimed to smell an odor of alcohol and claimed that the driver had trouble producing his license and registration. The officer eventually ordered the driver out of the car. He claimed that the operator of the car could not successfully complete the one leg stand, the walk and turn or recite the alphabet and charged him with operating under the influence of alcohol.

    Attorney McCarthy reviewed the discovery with the client. After evaluating all options and the client's needs, including the necessity of the defendant to have a driver's license, the client opted to dispose of the case promptly so that he could secure a "Cinderella," "Hardship License, " or "Twelve-Hour License" for work. The case was continued for one year without a finding of guilty entering. After one year, provided certain conditions are fulfilled, the case will be dismissed. The client did not get convicted of any crime.

    Read more in DUI

  • 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.

  • 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.

  • 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.

  • 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.

  • Office Negotiates First Offender Disposition For Client Charged With Operating Under The Influence/Second Offense

    The police pulled a car over based on erratic driving. Upon speaking with the operator they smelled an odor of alcohol emanating from the defendant and noticed that his speech was slurred. Based on initial observations they requested that he perform field sobriety tests which, in their minds, he failed. They ultimately arrested the motorist and charged him with operating under the influence as a second offense. The client's first offense was from over ten years previous to his current arrest. Attorney McCarthy's office successful argued to have this second offense treated as a first offense.

  • Attorney McCarthy Successfully Litigates Nolle Pros Of An Operating Under The Influence Of Alcohol Case For Out Of State Defendant

    The out of state client contacted Attorney McCarthy's office because he was unable to renew his license due to the fact that he had an outstanding OUI case in Massachusetts from thirty years ago. After determining that the arresting officer was still available, Attorney McCarthy filed a motion to suppress evidence. During the hearing it became clear that the arresting officer could not identify the defendant as the driver of the car. The District Attorney's Office entered a Nolle Prosequi.

  • Charge Of Operating Under The Influence To Be Dismissed

    The police alleged that the car driven by the defendant was "unable to stay in the middle lane." The officer pulled the car over and claimed that the defendant had bloodshot and glassy eyes and admitted to alcohol consumption. The police officer administered field sobriety tests that he claimed the defendant did not pass. The defendant took the breathalyzer which was well above the legal limit. Attorney McCarthy negotiated a disposition in which the case will be dismissed in one year provided the defendant satisfies certain conditions and does not get rearrested.

  • Seventeen Year Old Default Warrant Removed For Successful Businessman

    The defendant was charged with operating after suspension in a local Boston Courthouse. The client contacted Attorney McCarthy to arrange his surrender. Attorney McCarthy accompanied the defendant to court and the case was dismissed. The defendant did not have to pay any court costs and, despite being in default for seventeen years, he was not held in custody.

  • Charge Of Operating Under The Influence Of Alcohol To Be Dismissed

    According to the police report, a State Police Trooper observed a motor vehicle having trouble staying in its lane. The Trooper pulled the car over and smelled a strong odor of alcohol coming from the driver, defendant. The Trooper also claimed that the defendant's speech was slurred. After the Trooper administered a number of field sobriety tests, he determined that the driver was under the influence of alcohol. Attorney McCarthy negotiated a disposition whereby the case against the defendant will be dismissed after one year provided the defendant satisfies certain conditions and stays out of trouble.

  • Attorney McCarthy Secures Acquittal For Salem Man Charged With Operating Under The Influence Of Alcohol

    A Peabody Police officer pulled the defendant's car over after noticing that he failed to use his directional while exiting a local fast food establishment. Upon questioning the defendant the officer noticed that the defendant's eyes were red and glassy. After ordering the defendant from the car the officer testified that he was unsteady on his feet and used the car for balance. After administering three "field sobriety tests" including the one leg stand, the walk and turn and the alphabet test the officer formed the opinion that the defendant was under the influence of alcohol and placed him under arrest. The results of the breathalyzer test were a .09. Attorney McCarthy secured an acquittal for the defendant.

  • Jury Returns A Not Guilty Verdict For Defendant Charged With A Second Offense Operating Under The Influence Of Alcohol

    The Commonwealth charged that the defendant was operating while under the influence of alcohol after he was pulled over at 2:45 am for traveling at 85 miles per hour on route 93 northbound. The State Trooper testified that after he saw the defendant's car traveling at a "high rate of speed" he pulled it over and noticed an odor of alcohol coming from the car. Upon questioning the defendant for his license and registration he claimed that his speech was slurred, he was "lethargic" and did not appropriately produce his registration. The Trooper further said that the defendant was "unsteady on his feet" when he walked to the rear of his car. According to the Trooper, the defendant admitted to having two drinks and a shot over the course of the evening and did not satisfactorily perform the one leg stand and the walk and turn "field sobriety test." During the course of the two day jury trial, Attorney McCarthy presented four witnesses, including the defendant and convinced a jury to acquit the defendant.

  • Charges Of Operating Under The Influence Of Alcohol To Be Dismissed Against Defendant

    The police report alleged that the car driven by the defendant rolled through a stop sign. This caught the attention of a local police officer who subsequently pulled the car over and spoke to the defendant. The defendant admitted to having two glasses of wine which led to a series of road side field sobriety tests which the officer claimed the defendant failed. The defendant subsequently took the breathalyzer and blew a .10.

    Attorney McCarthy negotiated a disposition whereby the case against the defendant will be continued for one year and dismissed provided the defendant satisfies certain conditions and stays out of trouble. The defendant can indicate that she has not been convicted of a crime.

  • Attorney McCarthy Successfully Litigates Motion To Suppress Stop Resulting In Dismissal Of Operating Under The Influence Charge For Local Businessman

    In the early morning hours the police pulled over a car operated by a successful businessman because he was traveling down roads that were dead ends. The police activated his blue lights to get the attention of the driver and ask him if he was lost. Upon his approach to the car, the officer claimed that he could detect a strong odor of alcohol coming from the driver's window. The officer ordered the driver out of the car and conducted road side field sobriety tests. The office opined that the defendant was under the influence of alcohol and placed him under arrest.

    Attorney McCarthy filed a pre-trial motion to dismiss alleging that the police had no legitimate reason to pull the defendant's car over. The government agreed and the case against the defendant was dismissed.

  • Motion To Dismiss Charge Of Armed Career Criminal Allowed By Superior Court Judge

    The defendant was a young man charged with being an Armed Career Criminal and related offenses. The prosecutor maintained that because the defendant had previously been convicted for three violent crimes or drug offenses he should face a fifteen year mandatory minimum sentence. Attorney McCarthy filed a motion to dismiss this charge arguing that the prosecutor failed to present enough evidence to the grand jury that all of these convictions arose from separate incidences as required by the statute. The Superior Court Judge agreed and dismissed this indictment against the defendant.

  • Charge of Operating Under the Influence of Alcohol To Be Dismissed Despite Breathalyzer Reading Of Almost Twice The Legal Limit

    According to the police report, a local police officer responded to telephone report of erratic operation. The officer caught up to the motor vehicle, driven by the defendant, and noticed that the car traveled a foot over the fog line. After pulling over the car, he officer noticed a smell of "an alcoholic beverage" coming from the car. During initial conversation the officer noticed that the operator's eyes were red and glassy and that she spoke with "slurred speech." According to the police report the driver did not pass the "one leg stand" test or the "nine step walk and turn." After being placed under arrest the operator took the breathalyzer test and the reading was a .11, almost double the legal limit.

    Attorney McCarthy negotiated a disposition whereby the defendant's case would be dismissed in one year provided the defendant successfully completed certain conditions.

  • Charge Of Operating Under The Influence Of Alcohol To Be Dismissed

    According to the police report, the Massachusetts State Police responded to a single car crash on Route One. When the officers arrived at the scene they interviewed the operator of the car who stated that she was coming from a local night club and had consumed "a few beers." There were three passengers in the car that appeared to be uninjured.

    While speaking with the driver, the Trooper apparently believed that he smelled an odor of alcohol coming from her breath. The trooper conducted three "field sobriety tests" and determined that she was under the influence of alcohol. While at the police station the driver took the "breathalyzer" which resulted in a reading of .13, which was well over the legal limit.

    Although the defendant had previously admitted to sufficient facts for two felonies, Attorney McCarthy negotiated a disposition whereby the case will be dismissed against the defendant provided she completes certain conditions and stays out of trouble for one year.

  • Charges of Operating Under the Influence to be Dismissed/Initial Case

    On April 13, 2008, a police officer monitoring traffic observed a car followed by another car accelerate. The officer also heard the engines racing. Another officer observed one of the cars pass the other and formed the opinion that the cars were racing. The cars were pulled over. When the officer spoke with the defendant he smelled an odor of alcohol coming from his breath. During questioning by the officer the defendant admitted to having three alcoholic drinks over the course of the evening. The police administered field sobriety tests. According to the police report the defendant could not properly recite the alphabet, stumbled and swayed when he walked, did not successfully complete the one legged stand test and could not complete the walk and turn test. The defendant's breathalyzer reading was a .18. The defendant was charged with operating under the influence of alcohol [M.G.L. c 90 S24(1)(a)(1)] and racing a motor vehicle [M.G.L. c 90 S24(2)(a)]. Attorney McCarthy negotiated a disposition resulting in the dismissal of the count of racing a motor vehicle. The charge of operating under the influence of alcohol will also be dismissed provided the defendant stays out of trouble and follows agreed upon conditions for one year.