Case Results » DUI Defense
Lawrence District Court: OUI Against 20 Year Old Continued Without a Finding and No InPatient Treatment Even Though Breathalyzer Reading Over .20
This past Saturday the defendant, a twenty year old college student, drove his car off of the highway and into a gully where it got stuck. Fortunately no one was injured. Police officers arrived and met with the driver. They immediately observed him to have symptoms consistent with alcohol intoxication. He failed three field sobriety tests and was arrested, booked and charged with OUI. At the police station he took a breathalyzer test and blew a .19 and .21, two and a half times the legal limit. A statute in Massachusetts requires anyone under the age of twenty-one who blows a .20 or greater a two week inpatient program. Notwithstanding the statute, Attorney Neyman was able to get a continuance without a finding and no inpatient requirement. After the defendant successfully completes his probation the case will be dismissed.
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Lawrence District Court: OUI Charges Dismissed at Trial
The defendant is a local businessman charged with OUI in violation of G.L. c. 90 Section 24. In the winter of 2015 the driver of a vehicle observed the defendant's car nearly crash into another vehicle. A 911 call was made. The caller followed the vehicle detailing its movements to the state police. Officers caught up to the car and made similar observations. The vehicle was stopped. The trooper smelled a strong odor of alcohol on the defendant's breath. When asked for a license and registration the defendant showed signs of impairment. He was asked to exit the car. In doing so the defendant struck his head on the side of the door and fell. The responding officer located open containers in the car with alcohol in them. An arrest for OUI was made. Today, Attorney Neyman was able to get the case dismissed.
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Lawrence District Court: Defendant Found Not Guilty of OUI 4th Offense After Jury Trial
On September 26, 2015 a Massachusetts State Trooper was on routine patrol on Route 93 southbound in Andover, Massachusetts. His attention was drawn to a vehicle that was swerving from lane to lane and failing to use signals when doing so. The officer followed the car for a mile and then made the decision to pull the car over. He approached the vehicle and immediately detected a strong odor of alcohol coming from the interior of the vehicle. He observed the driver to have slurred speech, bloodshot and red eyes and to be unsteady on his feet. Three field sobriety tests were administered, the horizontal gaze nystagmus, the walk and turn and the one legged stand. The defendant failed all of these tests. During the course of the field sobriety tests the defendant urinated in his pants. The defendant had been convicted of three prior OUI offenses. He was charged with OUI, a violation of G.L. c. 90 Section 24. He was also charged with operating to endanger. The defendant hired Attorney Stephen Neyman to represent him. Today the defendant was acquitted after a jury trial. Not Guilty.
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Malden District Court: OUI Case Against Local Contractor Dismissed
The prosecution alleged that on June 6, 2015 members of the Massachusetts State Police and Everett, Massachusetts police officers set up a sobriety checkpoint in Route 16 in Everett. Officers made contact with the defendant's car and immediately noticed an odor of an alcoholic beverage. The defendant was ordered to move his car into a screening area. The defendant's eyes were bloodshot and glassy. His speech was impaired. He admitted to consuming about three beers. Several field sobriety tests were administered. The defendant allegedly failed all of them. Officers determined that he was impaired and he was arrested and charged with OUI in violation of G.L. c. 90 Section 24. Today, Attorney Neyman succeeded in getting all charges dismissed.
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Salem District Court: OUI Case Dismissed Prior to Trial
Several months ago the defendant was stopped by a Danvers, Massachusetts police officer for suspicious activity on a remote street. The officer contacted the driver who appeared intoxicated. He had trouble producing his license and registration. He was asked to perform several field sobriety tests and failed all of them. He refused the breathalyzer test after failing the temporary one given at the scene. He was then charged with OUI, G.L. c. 90 Section 24. The man hired Attorney Neyman who successfully argued a motion to suppress the stop and seizure. With the evidence having been suppressed the district attorney was unable to proceed and the case was dismissed earlier today, prior to trial.
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Salem District Court: Motion to Suppress Allowed in OUI Case
On October 18, 2015 the defendant was driving his car on a quiet street just off of Route 114. A Danvers, Massachusetts police officer observed the defendant and another male outside of the vehicle. He approached and the two men got back into the car. They then made a three point turn with the front of the defendant's vehicle partially entering the woods. The officer then passed the car at which time the driver (defendant) turned away, appearing nervous and leaving at a low rate of speed. The officer stopped the car, noticed that the defendant had been drinking and administered field sobriety tests. The defendant failed these tests. He was charged with OUI in violation of G.L. c. 90 Section 24. Attorney Neyman was hired. We filed a motion to suppress which was heard a couple of weeks ago. Today, a decision on the motion came out. The motion was allowed and all evidence seized after the stop is now excluded.
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Quincy District Court: OUI Drugs Charges Against Construction Worker Dismissed
The defendant is a construction worker living and working in suburban Boston. The prosecution alleged that on August 1, 2014 a Massachusetts State Police officer was clearing a motor vehicle stop In Quincy when a car being driven by the defendant approached him at a high rate of speed and nearly hit him and his cruiser. The officer followed the driver and observed erratic driving. He stopped the car and observed the defendant's speech to be slurred. His eyes were bloodshot and glassy. The defendant was asked to get out of the car and to perform field sobriety tests. He did. He failed all of these tests. The officer then called another officer, a drug recognition expert to see if the defendant had been taking drugs. The DRE formed the opinion that he did and charges of OUI in violation of G.L. c. 90 Section 24 were filed. Today, prior to trial Attorney Neyman successfully moved to dismiss the OUI charges.
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Concord District Court: Continuance Without a Finding For College Student Charged With OUI
On July 15, 2015 a Concord, Massachusetts police officer was on patrol when he observed a man standing next to a car that was parked on the side of the road. The man appeared to be leaning on the car for support. The officer drove around and a few minutes later went back to the car. This time he observed the defendant in the back seat of the car, apparently passed out. The office woke the defendant and began asking him questions. The defendant admitted driving the car. Officers also noticed some damage on the side of the car. Paint on the damaged car matched paint found nearby on property with which the car had made contact. The man was charged with OUI. Today, Attorney Neyman was able to get the case continued without a finding. The case will be dismissed and the defendant will have no record after he completes probation.
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Newburyport District Court: OUI Charges Against Salisbury Woman to be Dismissed
This past Saturday night a woman from Salisbury, Massachusetts was pulled over on her way home from a local drinking establishment. The police quickly observed her having slurred speech. She was asked to produce a license and registration. She had trouble doing so. She was then asked to perform several field sobriety tests. She failed each one. She ultimately submitted to a breathalyzer test. She blew a .25, over three times the legal limit. Today, our office was able to get the case continued without a finding. If the woman successfully completes the various probationary conditions imposed the case will be dismissed in one year.
Brighton District Court: OUI Case Against Local Businessman Dismissed
The defendant is a local businessman who was charged with OUI in violation of Massachusetts General Laws Chapter 90 Section 24. A few months ago our office successfully argued a motion to suppress an unlawful stop. The district attorney's office contemplated appealing the judge's decision. Upon realizing that an appeal would be futile the prosecution decided not to proceed. Today, unable to go forward on the case as a result of suppression of evidence the case was dismissed.
Lawrence District Court: Judge Approves Restoration of License After OUI is Dismissed
Last week Attorney Neyman was able to get an OUI case dismissed in the Lawrence District Court. The allegations related to a February 13, 2015 incident referenced in an earlier case result. The man received a six month license suspension for refusing to take a breathalyzer test. In order for the defendant to get his driving privileges back he needed an approved motion from the judge who dismissed the case. Our office filed the motion, which was allowed. The man is now permitted to drive again.
Lawrence District Court: OUI Case Against Sports Marketing CEO
The defendant is the CEO of a major national sports marketing company. The prosecution alleged that on February 13, 2015 a Massachusetts State Police Officer received a call for a person driving erratically on Route 93 northbound. The caller stayed with the vehicle, following it and remaining in contact with the police until a cruiser reached the area where the suspect vehicle was being operated. The officer stopped the car and noted that the car came to rest in the middle of the street. The officer contacted the driver who smelled of alcohol, had trouble producing his license and registration and appeared to be drunk. The officer formed the opinion that the driver was under the influence of alcohol and an OUI charge followed. Today Attorney Neyman was able to get the case dismissed.
Brighton District Court: Motion to Suppress Stop, Search and Seizure on OUI Drugs Case Allowed
The prosecution alleged that on December 12, 2014 a Massachusetts State Trooper saw a motor vehicle being driven by the defendant operating on a public way in Allston, Massachusetts. The officer observed the driver texting while he was driving in violation of G.L. c. 90 Section 13B. The officer stopped the vehicle and immediately detected a strong odor of marijuana. The defendant was asked to take field sobriety tests which he failed. He was arrested and made some inclupatory post-arrest statements. An inventory search of his car revealed the presence of recently consumed marijuana. The man was charged with OUI Drugs. Attorney Neyman was retained and filed a motion to suppress. Today, a hearing on that motion was heard and allowed. All evidence including the defendants statements were suppressed.
Lawrence District Court: OUI Case Continued Without a Finding
On February 17, 2015 members of the Andover, Massachusetts Police Department were dispatched to a location for a report of a hit and run. The responding officers met with a couple who claimed that their vehicle and that the operator of the offending vehicle left the scene and was drunk. The defendant's car was parked close to the location of the accident. The operator was located. Police administered field sobriety tests which the suspect failed. An interview of the defendant disclosed the consumption of a significant quantity of alcohol along with an admission of impairment. The defendant was arrested and charged with OUI. Attorney Neyman was retained to represent him. An expedited disposition date was arranged and the defendant was given a continuance without a finding. He is eligible to operate his car during the license suspension period for a limited duration. After forty five days all privileges will be restored. Once the 24D program is completed the case will be dismissed.
Boston Municipal Court: Not Guilty Jury Verdict in OUI Case for Twenty Eight Year Old Brockton Man
According to two Boston Police officers on August 25, 2013 just after 2:30 a.m. a scuffle broke out near a downtown nightclub. One of the parties involved was the defendant, a Brockton man who had been at the club. The man got into his car, fled the scene, screeching his tires and ended up crashing into a parking garage. All of this occurred within a couple hundred feet from the scuffle. The police then detained the man and put him through several field sobriety tests; the walk and turn test, the one legged stand test, the horizontal gaze nystagmus test and the finger to nose test. The man failed all of these tests. He then tried to bribe one of the officers to let him go. He admitted to being drunk as well. Attorney Neyman tried the case yesterday and today. The jury returned a verdict of not guilty.
Chelsea District Court: Charge of Second Offense OUI Against Peabody Woman Dismissed
On September 23, 2012 a Massachusetts State Police Officer responded to an accident scene on Route 1 in Revere. There, he found the defendant being placed into an ambulance. The trooper asked her what happened. She responded that she was driving in excess of the posted speed limit and that she had been drinking. The officer detected a strong odor of alcohol on her breath as well as slurred speech. The woman was charged with OUI liquor, her second offense. Today, after a hearing on a motion to dismiss all charges were dropped. The case is dismissed.
Drunk Driving Case (OUI) Against Local Businessman Dismissed
Boston Municipal Court: The prosecution alleged that on January 11, 2012 a State Trooper with the Massachusetts State Police responded to an accident on Route 93 northbound in the South Station O'Neil Tunnel. The trooper encountered the defendant who stated that he was driving from Dorchester northbound, that his car was sideswiped by an unknown vehicle causing him to crash and that that car left the scene. The defendant was observed unsteady on his feet, slurring his words, bloodshot eyes and smelling like alcohol. He failed all field sobriety tests and was arrested. A security videotape showed that there was in fact no car that hit him. Rather, the defendant lost control of his car and hit both sides of the tunnel. Today, Attorney Stephen Neyman was able to get the case dismissed.
OUI charges against professional hockey player to be dismissed
Brighton District Court # 10-0575. The prosecution alleged that on Friday, May 21, 2010 at approximately 2:20 a.m. a state trooper was approaching the Elliot bridge interchange at the Harvard turn traveling west on Soldiers Field Road. He observed a vehicle that was traveling in front of him turn onto the East bound lane of Soldiers Field Rd. Soldiers Field Road which is separated east and west by large islands with trees or them. The vehicle was traveling the wrong way into traffic. The trooper activated his emergency lights and drove alongside of the operator. He shined his spotlight at him. Shortly thereafter the operator, our client realized he was traveling the wrong way. The officer pulled him over. He failed the field sobriety tests and was arrested. Our office was retained to represent the defendant. Today the case was continued without a finding for one year. Provided the client complete the 24D program and pay the statutory fines the case will be dismissed at the end of one year.
OUI charges against Waltham computer company executive to be dismissed
Boston Municipal Court # 10-3771. The prosecution alleged that on May 25, 2010 at around 1:30 a.m. a Boston Police officer observed a car being driven by a man travel through several sets of red lights. The officer stopped the vehicle and observed the defendant to exhibit signs of alcohol intoxication. He also noticed that the passenger, a female was passed out in the front seat. The defendant admitted to having been at the Celtics game earlier in the evening and to drinking a substantial amount of alcohol. He was given several field sobriety tests. He failed all of them. He blew a .23, nearly three times the legal limit at the police station. Our office was able to get this case continued without a finding today. The client was given the standard 24D disposition
Charges of Assault and Battery on a tow truck operator dismissed against college student
South Boston Court # 10-0437. The Boston Police charged the defendant with Assault and Battery. According to reports, on April 15, 2010 the defendant was alerted to the fact that his car was in the process of being towed. He went to the area where he had parked the vehicle and observed a tow truck operator securing the car for towing. The defendant confronted the driver. A dispute erupted and the driver claimed to have been struck by the defendant. He was arrested. Today, our office was able to get all charges against the student dismissed provided he performs twenty hour of community services.
Charges of Disturbing the Peace and Malicious Destruction to Property Valued Over $250 dismissed against local graduate student prior to arraignment
Brighton District Court # 10-0451. On April 11, 2010 at about 1:15 a.m. a Boston Police Officer observed two people engaged in loud conversation and yelling. As he approached he saw a man kick and damage a lighting box belonging to the City of Boston. He followed and noticed that the man continued to engage in destructive conduct to property. Both men were arrested and charged with Malicious Destruction to Property Over $250 and Disturbing the Peace. Our office was able to get the charged dismissed prior to arraignment.
Charges of OUI Serious Bodily Injury dismissed after plea negotiations
West Roxbury District Court # 10-0013. The prosecution alleged that on January 1, 2010, New Years Eve, shortly before 6:00 a.m. officers were flagged down on Hyde Park Avenue by the victim's friend frantically yelling to call 911. Two victims were observed motionless on the ground. One was bleeding from the head. The other had an obvious bone fracture to the leg. Emergency Medical Services removed the victims and rushed them to a local hospital. The officers then encountered the defendant standing next to his car. He further admitted driving too fast for the road conditions and that he had consumed an unknown quantity of beer. The defendant had bloodshot eyes. He failed certain administered field sobriety tests. He was arrested and charged with OUI, and OUI Serious Bodily Injury. OUI Serious Bodily Injury carries a mandatory minimum jail sentence. Our office succeeded in negotiating a dismissal of those charges with a plea to the lesser included OUI. No jail time will be required of our client.
Drunk driving charges dismissed on day of trial
Brighton District Court # 08-0391. Massachusetts State Police alleged that on March 15, 2008 at 11:15 p.m. the defendant was pulled over at an OUI roadblock or sobriety checkpoint. The driver, a New York man was identified and ordered to produce his license and registration. The trooper responsible for the investigation detected an odor of alcohol and asked our client how many drinks he had the evening. He supposedly responded that he had four beers. The trooper further observed the defendants' speech to be low, thick and slurred. He was unable to adequately perform the "finger-to-nose", "one-legged-stand" and "heel-to-toe" field sobriety tests. The man refused to take a breathalyzer test and he was arrested. Today, the day of trial Attorney Neyman succeeded in getting the charges dismissed in their entirety.
Man acquitted of 2nd offense DUI
Peabody District Court # 08-0563. On March 16, 2008 a Peabody, Massachusetts Officer was on patrol on Andover Street (Route 114) when he observed a vehicle being driving by the defendant cross over the marked lanes 5-6 times. The officer stopped the vehicle and noticed that the defendant had glassy, bloodshot eyes and smelled like he had been drinking. The defendant had difficulty finding his vehicle registration. The officer had the defendant perform three field sobriety tests, all of which he failed. The defendant was arrested. During the booking procedure the booking officer made similar observations regarding our client's state of sobriety. Upon inquiry our client admitted to drinking 6 beers and a shot of tequila. Attorney Neyman tried this case to a jury. The trial lasted 2 days and our client was acquitted.