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WOBURN, MASS.
OUI/DUI/DWI
LAWYER |
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I am completely familiar with the Judges,
District Attorneys and Clerk-Magistrates of WOBURN DISTRICT
COURT in Woburn, Massachusetts.
I have handled countless OUI/DUI/DWI Drunk
driving cases there. Here are a few examples only.
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11-10-09
MIRANDA RIGHTS VIOLATED:
ALL INCRIMINATING STATEMENTS THROWN OUT
My client, a third offender, had been in a bad accident.
Unfortunately, he told police he took three different medications
the night before. During my investigation, I discovered
his Miranda form had not been signed and brought a Motion
to suppress all his statements. The DA argued the Judge
could simply "infer" he was properly Mirandized.
Instead, she allowed my Motion and threw out all my client's
statements saying,
"IF
THAT'S HOW THE DA THINKS HE CAN PROVE HIS CASE, THEN
I GUESS I JUST DON'T UNDERSTAND THE CONSTITUTION!"
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2ND OFFENSE
REDUCED TO 1ST
$2200 SAVED AND NO
IGNITION INTERLOCK REQUIRED
My client had been assigned
to a DWI program out of state for Reckless Driving [which
can count as a prior OUI in Mass] so the DA charged 2nd
offense. I reviewed the statutes and produced a Memorandum
showing that the DWI program had to be done as a result
of a "like violation." I convinced
the DA Reckless Driving didn't contain a per se or impairment
element and thus didn't suffice. She agreed and reduced the
charge.
Client saved $2200 plus the embarrassment of an ignition
interlock in his car
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JOE
KNEW MORE ABOUT MELANIE'S
LAW THAN THE JUDGE
"The Judge told Joe under
Melanie's Law we couldn't tender a Plea at Arraignment.
When Joe told her there was no such provision and asked
her to cite it, she told him to look at the statute himself.
After reviewing 23 pages and again telling her it's not
in there, she angrily said she'd find it herself. Red-faced,
she returned to the bench 20 minutes later saying 'You're
right, Counselor, let's proceed as you requested.'"
Moral:
Just because a Judge tells you something doesn't mean you
have to agree with it!
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2nd
OFFENDER TREATED AS FIRST -
DESPITE .24 BREATHALYZER
My client's Breathalyzer was three times the legal limit.
Although his prior offense was just over the ten year "look
back" period, I convinced the Judge to give him a
chance to be treated as a first offender. Result: rather
than a full 2 year license loss, he got a work license
and kept his job
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