The Defendant was charged with Operating Under the Influence and a Marked Lanes Violation. The Commonwealth called one witness and the Defendant called three, including himself. The jury returned a verdict of NOT GUILTYon the OUI and the judge made a finding of NOT RESPONSIBLE on the civil infraction and ordered that the Defendant’s license be restored. The Jury deliberated for approximately twenty minutes before returning a verdict of NOT GUILTY.
The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property
The Defendant was charged with 3 Separate Complaints of Indecent Assault and Battery on 3 different victims. After extensive discovery, it was revealed that one alleged victim had made certain statements that seriously questioned the credibility of the allegation and the complaint was DISMISSED. The second case was tried before a jury over two days and the Defendant was found NOT GUILTY on all counts. The third case was DISMISSED at the request of the
Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her
The Defendant was charged with OUI-Liquor OR .08%. At the time of the incident, the defendant was a municipal employee operating a town vehicle. He was involved in a single vehicle accident at 1:40 a.m. while he was on-call in the municipal truck. The truck he was operating crashed into the Jersey barriers on a major highway, causing serious damage to the vehicle. The plow hitch on the front of the truck was wedged between
This case involved competing Guardianship petitions of a 2 ½ year old boy brought by the maternal and paternal grandmothers. It was alleged by our client, the maternal grandmother, that the child’s parents were unfit because of drug use and neglect and that the paternal side of the family was unfit because of drug and alcohol issues and their inability to supervise the child’s Father. The Paternal grandmother accused the maternal grandmother of abuse of
In this matter the client, the Plaintiff, alleged that his car had been stolen and involved in an accident on New Years day. The insurance company denied my client’s claim because when the motor vehicle was recovered the ignition had not been defeated nor were there any other signs of theft. My client initially gave a recorded statement in which he indicated that he did not know who took the vehicle but months later during
19 year old client was arrested after travelling the wrong way on a one way street in Worcester. Officers removed him from the vehicle and asked him to perform field sobriety tests. Due to failing the tests and admitting to consuming pills, he was charged with OUI-Drugs among other motor vehicle charges. After attacking the credibility of the evidence and the credentials of the proposed drug expert, we were able to get the charge of
Client was driving with three minor children in her vehicle, two of which were her own children and also our clients, when another vehicle crossed the double line and hit her head on. The other driver was cited and charged criminally. Our clients sustained significant injuries and we were able to settle without court intervention for the full Bodily Injury and Underinsured policy limits.
A 19 year old client was travelling on Route 9 in Shrewsbury, at about midnight, when he encountered a State Police Roadblock (aka “Sobriety Checkpoint”). The police report indicated that the client had both an odor of alcohol and that he admitted to consuming alcohol that night. Our client was asked to step from his vehicle and perform field sobriety tests which the police said he failed. He was arrested for OUI and brought to