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OUI/DUI Second Offense Defense – Not Guilty at Trial

Client from out of state was travelling through a small town when he encountered road construction and a detour. He stopped to ask the detail officer for directions, but had an open can of Pabst Blue Ribbon between his legs. The officer had him pull to the side of the road and perform field sobriety tests. After failing all tests, he was placed under arrest and charged with a second offense OUI. After thorough cross examination of the officer, the jury found our client not guilty and we were able to have his license immediately reinstated.

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Tow Truck Driver Hit Head On

Client was working as a tow truck operator when he was struck head on by another vehicle. The driver of the other vehicle attempted to flee, but was held on scene until officers could respond. After much negotiation, the case settled for the automobile insurance policy limits.

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Worcester OUI/DUI Defense – .08 Breath Test – Not Guilty at Trial

Client was stopped after travelling the wrong way up a one way street in Worcester. After failing field sobriety tests she was arrested and brought back to the police station where she took and failed a breathalyzer with a .08. Under cross examination, the officer agreed that there was no obvious signage of the one way street and that there was no way to tell what our client’s blood alcohol level was at the time of operation. Not guilty after trial.

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Drug Charges – Dismissed – Worcester District Court

Client was walking in the City of Worcester when he was approached by a police officer. Officer testified that he had been working with an informant who provided information that our client was selling drugs. Upon seeing the officer approach, our client attempted to conceal narcotics by placing them in his mouth. After a brief struggle, our client was arrested and charged with drug possession. At a motion hearing, extensive cross examination of the officer was conducted. It was determined that the officer lacked the requisite cause to stop our client at all. As such, the judge agreed with our motion and all charges were dismissed.

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OUI/DUI – .13 BAC – Nolle Prossequi

Our client was approached by Troopers from the Massachusetts State Police after an argument with her ex-husband. Troopers stated she had an odor of alcohol, bloodshot and glassy eyes and failed multiple field sobriety tests. After being arrested, our client took the breath test and registered a .13 BAC. At a motion hearing, we were able to get the field sobriety tests and breath test excluded as well as all statements by our client. As a result, the Commonwealth had no evidence to proceed at trial and entered a nolle prossequi which is when the prosecutor decides not to go forward with the charges.

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Boylston Passenger Suffers Fractured Back – Settled for Full Policy Limits

Client was a passenger in a motor vehicle that was t-boned when the driver attempted a left hand turn in Boylston. Our client was taken via ambulance to the Emergency Department where she was admitted and spent many months recovering. Case settled for full policy limits.

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Worcester Pedestrian Struck and Killed by SUV – Settled for Full Policy Limits

We represented the estate of an elderly man who was struck by an SUV in Worcester when he went to retrieve his mail at the mailbox. Though the insurance company initially denied liability due to the visibility because of rain and darkness, we were able to secure a settlement for full policy limits for the family of the decedant.

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Truck Driver Struck Head On – $125,000.00 Settlement

Our client was working driving a box truck one evening when he was struck head on by a small passenger vehicle. The operator of the passenger vehicle was reportedly travelling in excess of 100mph and crossed over in front of our client. Luckily our client was operating a box truck and suffered less extensive injuries as a result. After almost a year of treatment and negotiation we were able to secure him a settlement of $125,000.00.

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Worcester OUI/DUI – Third Offense – Not Guilty at Trial

Client was operating her vehicle late one evening when an off-duty officer called to report her vehicle all over the road. An on-duty officer was dispatched and pulled her over. After noticing the odor of alcohol and bloodshot/glassy eyes, he had her perform field sobriety test. After failing all of the tests, she was arrested. At trial, we were able to discredit the testimony of the off-duty officer after thorough cross examination and our client was found Not Guilty.

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OUI/DUI Defense – Worcester Roadblock Sobriety Checkpoint – Dismissed

Client was stopped at a Worcester roadblock sobriety checkpoint. He was instructed to pull to the side and was asked to step out of his vehicle. Client failed all field sobriety testing and was taken to the State Police barracks. At the barracks he was examined by a Drug Recognition Expert (DRE) and failed the screening. He was charged with OUI – Drugs. After thorough examination of the facts and protocols we determined that the State Police failed to follow proper protocol. Due to this, the case was dismissed on the day of trial.

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Assault with a Dangerous Weapon – Not Guilty at Trial

Client was charged with assault with a dangerous weapon after a confrontation with his ex-girlfriend. After extensive preparation and cross examination it was revealed that the parities had recently been in Probate Court where the girlfriend lost a bid to obtain more support for the child that they had shared custody of just days before these accusations. Our client was a great father that was devastated by these accusations and we were able to establish this with the jury, along with the motive of the ex-girlfriend. After less than an hour of deliberations, the jury found our client Not Guilty on all counts.

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Head on Car Collision

Our client had the right of way as she passed through a green traffic signal when another vehicle ran a red left turn traffic signal and collided head on with our client’s vehicle. Among physical injuries, our client witnessed the severity of the injuries of the passengers of the other vehicle and suffered PTSD as a result. Within one year from the date of accident, we were able to secure the full Bodily Injury and Underinsured policy limits for our client.

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Head on Collision – $300,000.00 Settlement

Client was an elderly woman who was driving her vehicle on a Worcester highway when she was hit head on by a vehicle travelling in the opposite direction. The crash was violent and our client was caused to suffer multiple fractures and sprains. Client was able to recover very well in a short period of time and we were able to recover a settlement for the policy limits of $300,000.00.

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OUI – .18 Breath Test – Not Guilty

Our client was stopped by police after leaving a bar in Paxton, MA at 2:15am and committing marked lanes violations. The officer reported her having an odor of alcohol and slurred speech and asked her to perform field sobriety tests. After failing the field tests the officer placed her under arrest for OUI and transferred her to the station where she consented to a breath test which registered over double the legal limit at .18 BAC. A careful examination of the evidence determined that a contaminating event occurred before the breath test and we made a motion to suppress the breath test results. The judge agreed with use and the results were suppressed. Our client was later found NOT GUILTY after trial.

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Sexual Assault by Teacher – $300,000.00 Settlement

Clients were four young girls that alleged they were each sexually assaulted by a former teacher many years before when they were in the 3rd grade. Each client came forward at different times and gave very similar descriptions as to what happened to them. After the criminal case concluded, we brought suit against both the teacher and the school for various claims. The case presented difficulty as both defendants denied liability and the allegations took place many years prior. Approximately two years into the litigation, and after extensive investigation, the cases settled at mediation awarding our clients $300,000.00.

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OUI – .17 Breath Test – Not Guilty

Our client was travelling home late one night in Leicester when she was pulled over for speeding and marked lanes violations. The officer reported her having an odor of alcohol and slurred speech and asked her to perform field sobriety tests. After failing the field tests, the officer placed her under arrest for OUI and transferred her to the station where she consented to a breath test which registered over double the legal limit at .17 BAC. A careful examination of the evidence determined that a contaminating event occurred before the breath test and we made a motion to suppress the breath test results which was allowed. Our client was later found NOT GUILTY after trial.

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Hostage Victim – $150,000.00 Settlement

Client was a 15 year old boy that was lured into a garage by a few older teenagers. He was held against his will and was beaten over the next several hours. During this incident, our client was even held at gun point and pistol whipped. After the criminal case concluded against the older teenagers, we made demand upon the insurance companies that covered them. Though the insurance carriers denied liability pursuant to the “intentional act exclusion”, we were able to secure a settlement for our client at mediation in the amount of $150,000.00.

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OUI – .14 Breath Test – Not Guilty

Our Client was arrested and charged with OUI after police observed him make marked lanes violations at 12:20am. Client was asked to step from his vehicle and perform field sobriety tests which he was not able to do to the satisfaction of the officer. He was transported to the station where he consented to a breathalyzer test and registered a .14 BAC, almost double the legal limit. After careful examination of the procedures, we were able to show that the officers failed to follow proper breath test protocol and made a motion to suppress the breathalyzer results. The breath test was suppressed and the case was later tried before a jury and the client was found NOT GUILTY.

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Bicyclist Hit by Car – $100,000.00 Settlement

Client was in his early 40’s and was riding his bicycle through the city when he was struck by an elderly driver. Client was thrown from his bike and suffered a complicated ankle fracture. We were able to secure our client a policy limit settlement in the amount of $100,000.00 within a few months of the accident.

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3rd Offense OUI – Not Guilty

Client was arrested and charged with a 3rd Offense OUI, along with other counts, after police responded to the report of a motor vehicle accident. Officers arrested our client after he allegedly hit two parked cars and brought him to the police station where he was booked. Due to this being the client’s 3rd Offense, he faced up to 2 ½ years in the House of Correction and an extensive license loss. Though convicted of the other motor vehicle charges, the jury found our client NOT GUILTY on the OUI which would have carried a mandatory minimum jail sentence.

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