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WOBURN, MASS.
OUI/DUI/DWI LAWYER

 

Woburn Massachusetts OUI | Woburn District Court | Woburn Mass DUI Lawyer

 

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.

 

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!"

 

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

 

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!

 

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

 

 
 
 
24 / 7 Cell phone: 978 921 4100 Fax: 978 349 6800 joseph@waldbaumlaw.com
 
 
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