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Beat DUI Charges – Case Victories

If you want to fight DUI charges, hire a lawyer who knows how to beat DUI charges. Attorney Waldbaum has won over 75% of his trials, charges only flat fees and offers payment plans. You can view his videos and then contact his grateful clients by phone or email right now.
TRIAL COURTS
 
    Worcester District Court:
NOT GUILTY AFTER SAYING
“I CAN’T DO THAT TEST WHEN I’M SOBER"

My client was stopped for a lanes violation and admitted to drinking wine. When asked to walk a straight line heel to toe, he said, “I can’t do that test when I’m sober.” At Trial, I presented the booking video, showing him standing in front of the desk for a full ten minutes without swaying. I argued that created the required reasonable doubt. The Judge agreed.

Result: 5 year license loss avoided for second offender

OK to email client:  dmat023@aol.com

 
    Worcester County:
3RD OFFENDER NOT GUILTY
DESPITE .27 PBT

A career Air Force Officer crossed marked lanes 3 times, stumbled upon exiting his truck and could only recite the first few letters of the alphabet. The video showed him unsteady on his feet, slurring his words and unable to spell his mother’s maiden name.  I argued the events occurred at 230 AM in a steady rain, he had been up for 36 hours straight and his behavior was just as consistent with someone who was sleep deprived as someone under the influence. The jury agreed.

The forewoman actually threw us a thumbs up as they left the jury box!

 
    Framingham
.15 BREATH TEST CASE THROWN OUT
FOG LINE NO REASON FOR STOP

The cop followed Mr. S. one mile and saw him cross the fog line only once. He stopped him and arrested him for OUI. Mr. S blew a .15 at the station, almost twice the legal limit. At my Motion to Dismiss, I gave the Judge cases from 4 other states deciding crossing the fog line is not enough reason to stop a car. The Judge agreed, citing the case I gave him (from Montana!) in his Opinion.

Result:   ALL evidence -- field tests, breath test -- thrown out and case dismissed

 
    Lowell:
ROADBLOCK STOP ILLEGAL - .16 BREATH TEST CASE THROWN OUT

Result:  No 2 year license loss or "ignition interlock device" required.

 

A second offender was stopped at a drunk driving roadblock and registered a.16 Breathalyzer –twice the legal limit. At my Motion to Suppress, I argued that the roadblock did not comply with the very strict guidelines set up by the Supreme Judicial Court for the operation of  roadblocks. The Judge agreed and threw the case out of Court.

 

This client's email:    ironmonkey978@yahoo.com

 

 
    Framingham District Court:
PROBATION INSTEAD OF ONE YEAR MANDATORY JAIL SENTENCE

Under Melanie's Law, having been arrested twice in one month for OUI, my client was facing a mandatory minimum one year jail sentence every day of which had to be served.  I presented the DA with a "Motion with Exhibits" from the RMV showing his license was suspended not for the prior OUI but for the breath test refusal only.

Result: DA dropped the minimum mandatory charge on very next Court date

 
    Barnstable Court:
FIVE YEAR REFUSAL SUSPENSION REVERSED ON APPEAL

A third offender refused to take the breath test and lost his license for five full years. I prepared an Affidavit and Memorandum for a Hearing at the Boston RMV claming that his refusal had not been witnessed properly on the required "Statutory Rights Form." When the RMV denied our claim, I appealed it to District Court and convinced the Judge otherwise.

The Judge found the RMV "made an erroneous interpetation of the law and exceeded its constitutional authority."

 
    Westboro Court:
2ND OFFENDER FAILS FIELD TESTS, ADMITS TO 6 BEERS- NOT GUILTY AT TRIAL

On the 9 Step Walk & Turn test, Client took 20 steps out and 22 steps back  (instead of 9 each way). Plus, he admitted first to 2 then later to 6 beers. At my Motion to suppress evidence, the Judge threw out his admission to 6 beers as in violation of his Miranda Rights. Then at trial, I showed the booking video and stressed everything my client had done right instead of wrong.

Result: Not Guilty – no jail or 5 year license loss

 
    Salem Court:
NOT GUILTY DESPITE ACCIDENT AND OVER LIMIT BLOOD TEST

My client was in a bad accident and taken to the hospital where a blood test was performed showing he was over the legal limit. Plus, he admitted he was drinking a beer at the moment the accident happened. At my Motion to Suppress, this statement was thrown out. Then at Trial, the blood test was excluded and we won a Not Guilty on both the OUI -2nd offense and the Open Container charge.

 
    Milford:
THIRD OFFENDER NOT GUILTY – NO JAIL OR 13 YEAR LICENSE LOSS

A civilian cell phone caller testified that my client had twice crossed into the opposite lane completely. I made a copy of the videotape of his booking procedure and produced it at Trial. For 28 minutes, it showed no unsteadiness on his feet or other signs of intoxication. I argued to the Judge this created the required "reasonable doubt" despite the testimony of the two witnesses.

 

Result:

 No 6 month jail term and no 13 year license loss

 
    Haverhill Court:
COLLEGE GRAD WHO COULDN’T RECITE ALPHABET ACQUITTED

A Summa Cum Laude UMass grad was doing 87 mph in a 65 mph zone, couldn’t say the alphabet and failed all four field sobriety tests. Then the cop testified he had crossed the line by “a foot and a half” for “10 to 12 seconds” at least “two to three times.” On cross exam, I asked him to underline the sentences in his Report where he recorded any of those assertions. Not even one was in his Report and he lost all credibility with the Judge.

OUI: Not Guilty

Lanes Violations:  Not Responsible

 
    Newburyport District Court:
JURY ACQUITS 2ND OFFENDER IN 15 MINUTES

With a lengthy record, this 2nd offender motorcyclist was likely facing 180 days in jail plus a 2 year license loss. The officer made him walk an "imaginary line" without stepping off. At trial, I asked the officer, "Exactly how wide was that imaginary line?" As he stammered to answer, the jury got the point. They found my client not guilty in 15 minutes.

 
    Waltham:
3 YEAR REFUSAL SUSPENSION REDUCED TO JUST 6 MONTHS

My client, a second offender, had refused the Breathalyzer and the RMV immediately suspended him for a full three years. I advised him that there was a loophole in the current statute allowing for a reduction of this to just 6 months through the Board of Appeals. I presented the Board with my Memorandum detailing this and the Board accordingly reduced his three year suspension to just six months.

This saved him two and one half years without a license.

 
    Westborough District Court:
91 MPH AND .16 BREATH TEST: 4 OF 5 CHARGES DROPPED

Clocked by radar tailgating at 91 mph. my client blew a .16 and an .18. With 5 infractions already on his license, if responsible on all 5 of the new charges, he would have triggered an additional 60 day suspension for which no work license is available and lost his job. I negotiated a plea deal where 4 charges were dropped outright. Result, the additional 60 day suspension was not triggered; he got a work license and kept his job.

 
    Fitchburg Court:
PROBATION INSTEAD OF MANDATORY JAIL TIME

My client had been convicted for a NH operating under the influence charge in which he had blown over the legal limit. Then, he was caught driving again in Massachusetts. I chose to discuss his case with a DA with whom I had dealt before and knew was willing to deal. He agreed to reduce the charge , eliminating the mandatory jail provision. The Judge rubber-stamped it.

 My client avoided  jail and kept his well paying job!

 
    Concord District Court:
4 FAILED SOBRIETY TESTS DISCOUNTED

An international oil trader had been driving 88 mph in a 45 mph zone and failed four roadside field sobriety tests. I prepared a chart for trial, met with the Judge in his chambers and made our case. Result: we waived the jury and obtained a not guilty.

 
    Dedham District Court:
BREATHALYZER PROVEN WRONG; LICENSE IMMEDIATELY RESTORED

I decided to attack my client's Registry imposed suspension for Breathalyzer failure. I had the Police fax me 21 pages of documents which I scrutinized over the weekend, discovering the test machine's calibration was wrong. We went back to Court immediately and the DA didn't even try to oppose my Motion.

 

Result:  The Judge signed a Court Order restoring his license that same day.

 
    Westborough District Court:
NURSING LICENSE SAVED AFTER NOT GUILTY

My client stood to lose her Nursing License if convicted. She had passed a cop car on the right and didn't see the 'no left turn' sign. Then she admitted to three drinks and failed three of the four sobriety tests. I photographed and videotaped the scene to show the Judge the 'no left turn' sign was tilted over and not visible. Then I stressed the lateness of the hour (1:30 AM) and her good performance on the 'one leg stand' test.

Result:   Not Guilty and she kept her Nursing License

 
    Newton District Court:
IMMEDIATE WORK LICENSE DESPITE 4 OUIs

My client faced a 3 year license loss. Under the new law, anyone with a prior OUI over 10 years old may be treated as a 1st offender again once in a lifetime. Although his record revealed 3 prior OUIs, I submitted a multi-page Memorandum to the Judge stressing how he stood to lose the 1-man plumbing business he had operated his entire adult life. After a 20 minute argument, I convinced the Judge that 2 of the prior OUIs should not count against him.

Result: The Judge treated him as a 1st offender, making him eligible for an immediate Work License.

 
    Westborough District Court:
OUI 2ND DISMISSED; 3 YEAR REFUSAL SUSPENSION OVERTURNED

When the cop didn't show on the Motions date, I argued to the Judge that the Officer had an obligation to the Court itself and didn't fulfill it. The Judge agreed and dismissed the charges.

After that, I handed the Judge an Order to sign restoring my client's license despite the 3 year loss from the RMV for refusing the Breath test. He signed that too and my client's license was restored the same day.

Result: no 5 year license loss and full privilege license immediately restored

 
    Wrentham District Court:
ALMOST HITS COP CAR + ADMITS TO 4 DRINKS = NOT GUILTY

A single mom went racing out of a night club parking lot and almost hit a police car. After being pulled over, she repeatedly tells the officer she had four drinks. At trial, we admitted her medical records showing a back condition explained the unsteadiness on her feet and difficulty exiting the car. Result: Not Guilty after trial Plus, she was found 'not responsible' on the charge of "Failure to Yield at an Intersection" after I presented the Judge with a Supreme Judicial Court case deciding an intersection is the crossing of 2 streets (not a parking lot and a street).

 
    Worcester District Court:
3 YEAR BREATH TEST REFUSAL SUSPENSION REVERSED

A second offender refused the breath test and the RMV suspended him for 3 years. After an RMV Hearing, we then appealed to a District Court Judge using reasoning based on a recent Superior Court decision.  The Judge agreed with my argument, finding that the RMV had ‘exceeded its statutory and constitutional authority.’

 RESULT:  The Judge ordered his license restored immediately.

 
    Woburn Court:
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 embarassment of an ignition interlock in his car

 
    Salem District Court:
POLICE TESTIMONY OVERCOME

When an Immigration lawyer was arrested for the first time in his life and unjustly charged with OUI, I achieved a not guilty after a two-day trial despite damaging testimony from not one - but TWO police officers - one of them a Sergeant.

 
    East Brookfield District Court:
4 OF 6 CHARGES DROPPED ON 1ST COURT DATE & GETS WORK LICENSE

He was charged with OUI; Reckless Driving; Speeding (20 mph over limit); Alcohol Container in Vehicle and 2 additional moving violations. Despite a criminal record, I arranged a deal where 4 of the charges were dropped outright on the first Court date, allowing him to get a work license 3 days later. His driving record was so bad that if he was found responsible of even 1 additional charge he would have had no chance for a work license.

 
    Wareham District Court:
ALL INCRIMINATING STATEMENTS AT STATION THROWN OUT - NOT GUILTY OUI SECOND OFFENSE

At the station, when advised of his Miranda Rights, my client simply said, "I don't wish to make a statement." Then the officer asked him a series of questions in their OUI computer form including, "Where were you coming from?" and "How much did you have to drink tonight?" The officer and DA claimed they were "routine booking questions" they always ask. The Judge said on the bench he was "aghast" at the practice, suppressed my client's answers and instructed the police to discontinue such practices.

 
    Framingham District Court:
5 BEERS IN 1 HOUR PLUS ACCIDENT: NOT GUILTY

My client had caused a bad accident pulling out of his driveway and then admitted to 5 beers in 1 hour. I pointed out to the Judge that he was obviously shaken from the crash, there were 4 emergency vehicles present all with their lights flashing and despite this his performance on 2 of the 3 field tests was still adequate. Result: Not guilty after trial.

 
    Dedham District Court:
OUI DISMISSED -- BREATH TEST RULES NOT FOLLOWED

Mass. Police received all new computerized Breathalyzers and each operator had to use a "swipe" card identifying them. My client's arresting officer forgot his card and used another officer's, then wrote his name in by hand on the computer printout. I submitted a Motion to Dismiss. Result: the DA dropped the OUI charges on the very next Court date.

 
    Newburyport District Court:
"IF I DIDN'T ADMIT I WAS DRUNK, WOULD YOU STILL HAVE ARRESTED ME" = NOT GUILTY

A 2nd offender was stopped for going 71 mph in a 45 zone and straddling the fog line. After failing 2 sobriety tests and admitting to 4 drinks, he made the above statement to the cop at the station after being arrested.

I got the cop to admit on the stand he waited in that area nightly because "he caught a lot of speeders on that stretch." Then I demonstrated the 2 sobriety tests in front of the jury, pointed out they were done at 1 AM on the fog line of a highway with CARS SPEEDING BY just 2-3 feet away.

(If convicted, my client would have lost his license for 2 years and his dream job as a cameraman at a top TV news station.)

 
    Quincy District Court:
5 OF 6 CHARGES DROPPED DESPITE .19 BREATHALYZER

A Nurse ran a red light, narrowly missed hitting the cop in the intersection by "inches" then fled instead of stopping. After registering a .19 on the Breathalyzer, they "threw the book" at her, hitting her with six different charges. I prepared a Memorandum for the Judge, met with the DA, stressed her otherwise completely clean record and convinced them both to dismiss five of the six charges on the very first Court date.

 
    Woburn District Court
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 "lookback" 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

 
    Lynn District Court:
CASE DISMISSED

A client faced an operating under the influence of drugs charge, second offense. I found the one and only Massachusetts case correctly addressing the crucial, complex pharmacological issue. When I presented it to the Judge, the case was thrown out of Court.

 
    Framingham District Court:
IN 15 MINUTES, JURY FINDS 2ND OFFENDER NEVER "OPERATED" CAR

My client's girlfriend had been driving the truck and got out after an argument, leaving it in the middle of the road. My client moved over to the driver's seat and promptly fell asleep. On cross examination, I made all 3 officers admit they never actually saw him drive. The Judge had read the police report and said the case was "not triable" due to my client's extreme intoxication. The jury didn't agree: they acquitted him after deliberating less than 15 minutes

 
    Hadley District Court
[UMass Amherst]:
.22 BREATHALYZER, 7 CHARGES, ALMOST HITS 2 COPS, GETS WORK LICENSE

The 2 cops waving at my client with flashlights had to jump out of his way. Then he fled the scene and registered a .22 on the breathalyzer. Instead of losing his license for 5 years, I negotiated a deal where 2 charges were dropped outright, he received CWOFs on all other criminal charges and he lost his license for only 45 days (during which time he had a work license!).

 
    Marlborough District Court:
MOTION TO SUPPRESS ALL EVIDENCE GRANTED

Westborough Police radioed that my client was driving into Marlborough possibly intoxicated. A Marlborough cop received the call, followed my client's car 1/4 mile, then stopped and arrested him. At my Motion to Suppress, I cross examined the officer who admitted my client had not committed a single traffic infraction, had signaled a turn properly and shown no evidence of erratic driving whatever. The (prosecution oriented) Judge suppressed the entire motor vehicle stop and all evidence obtained thereafter including three field sobriety tests, observations of the officer and all statements my client made — in other words: their entire case. The charges were completely dismissed on the day of trial.

 
    Gloucester District Court:
ALCOHOL AND DRUG CHARGES DISMISSED

My 18 year old client was charged with possession of an open container of alcohol and pot on the passenger side of her car under her boyfriend's seat. I went sidebar with the Judge at arraignment and detailed her bad choice in boyfriends. The Judge agreed with me saying he'd recently sent her boyfriend to jail. He dismissed both criminal charges, saving her a 15 month license loss and a criminal record.

 
    Worcester District Court:
HITS 4 CARS, LEAVES SCENE + 2 DRUG CHARGES - GETS WORK LICENSE

My client hit 4 parked cars and left the scene. When caught, she admitted she was drunk. Also charged marijuana and cocaine possession, each carried an additional one year license loss. I prepared a Memorandum informing the Judge she was a student with a 3.0 GPA and worked as a waitress to go to school. Result: CWOFs on all 7 charges and a Work License 3 days later

 
    Westboro District Court:
.32 BREATH TEST & 2ND OFFENSE: 3 OF 4 CHARGES DROPPED & NO JAIL

Despite being 4 times the legal limit less than two years after her previous arrest for OUI, I negotiated a deal where not even a suspended jail sentence was imposed and 3 of the 4 charges against her were dropped on the very first Court date.

 
    Ayer District Court:
TREATED AS 1ST OFFENDER DESPITE 3 OUI'S

The DA told the Judge my client deserved a 6 month jail sentence followed by a 2 week in-patient hospital stay. I had obtained a copy of my client's RMV driving record and showed it to the Judge in open Court, stressing she had no moving violations for over 10 years. Plus, I provided him a copy of a recent SJC decision directly on point.

After a recess, he handed my client's driving record to the DA, said it was "near spotless," that he had read the case I gave him and agreed with me.

Result: he treated her as a first offender = no jail time, no hospital stay.

 
    Gloucester District Court:
2 YEAR LICENSE LOSS AVOIDED WHEN OUI-DRUGS CHARGE DROPPED

My client was charged with OUI-Liquor, OUI-Drugs, possession of cocaine, possession of marijuana, failure to stop at a stop sign and a marked lanes violation. He registered twice the legal limit on the breath test and then admitted to the officers that he had used the cocaine right before driving. I managed to negotiate a deal where 3 of the 6 charges were dropped outright, including OUI-Drugs, only the minimum 45 day loss of license was imposed and he was able to get a work license, thus avoiding a 2 year loss of license

 
    Dudley District Court:
NOT GUILTY: DINNER RECEIPT + DOCTOR'S REPORT DIAGNOSING 'GERD'

My client and 12 y.o.daughter went to the Police to report a restraining order violation. The cops refused to take a report and insisted she perform 5 field sobriety tests in front of her daughter. I moved for an immediate trial 3 weeks later and told the Judge to imagine the pressure a mother is under when forced to do such tests in full view of her children. I also produced the dinner receipt showing she had only 2 drinks 6 hours earlier, and medical reports showing she suffered from GERD [explaining the 'moderate' odor of alcohol] Result: Not Guilty and license restored that day.

 
    Haverhill District Court:
3rd OFFENSE REDUCED TO 2ND: NO 6 MONTH JAIL TERM

My client blew a .15 after a bad accident. As a 3rd offender, he faced a MANDATORY MINIMUM 6 MONTHS JAIL SENTENCE and an 8 year loss of license. I stressed to the DA that his 2 priors were from out of state and the Commonwealth would have a difficult time proving my client was the same man convicted there. The DA immediately agreed with me and reduced the charge. Result: No jail time and eligibility for a work license in 6 months

 
    Quincy District Court:
LIEUTENANT AND OFFICER BOTH TESTIFY - NOT GUILTY

My client was clocked speeding at 70+ mph in a 35 mph zone. The Police Report noted a "strong odor" of alcohol and "severely" bloodshot and glassy eyes. Then he admitted to drinking beers only 30 minutes previously and failed 2 of the 3 field tests. Plus, at Trial, the Lieutenant who booked him testified and said he also thought my client was OUI. I argued to the Judge that his good performance on one of the tests and the lateness of the hour (2:30 AM) created reasonable doubt. The Judge agreed: Not Guilty

 
    REGISTRY HEARINGS
LICENSE IMMEDIATELY RESTORED

My client suffered from COPD (Chronic Obstructive Pulmonary Disease). Though she tried to take the breath test 5 times, police mercilessly accused of 'blowing out of the side of the tube.' I had her doctor compose a letter describing her condition and giving his opinion she could not perform such a strenuous test. Result: as soon as the Registry Hearing Officer saw my Memorandum she immediately restored my client's license and waived any fees.

 
    
WORK LICENSE GRANTED FOR 2nd OFFENDER

My client needed a "Hardship License" for work and had tried, unsuccessfully, to obtain one by representing himself first before the Registry and then the Board of Appeals. After he retained me, I organized all the required documents into one easy-to-read Memorandum addressing sequentially each of the nine points I know the Registry will scrutinize. When the Hearing Officer saw it, he said, "If everyone did this, it would make my job much easier." He then granted my client's work license.

 
    
BREATHALYZER REFUSAL OVERTURNED

An out of state resident volunteered to take the Breathalyzer but, due to her asthma, could not produce enough air to get a reading. The police called it a refusal, resulting in a 180 day suspension in Mass. (and an even longer one in her home state). I asked her doctor to write a letter, presented it with my 10-page petition to the RMV and, after a 30 second Hearing, her right to drive was reinstated.

 
    APPEALS COURTS

Massachusetts Appeals Court:
OUI CONVICTION REVERSED (Reported in Mass. Lawyers Weekly)

In a case originally tried by another attorney, I prepared an appellate brief. I argued that my client was denied an otherwise substantial available ground of defense when the trial attorney failed to object to hearsay evidence concerning the operation of the car. The conviction was reversed on my brief alone.

 
    Federal Court of Appeals (Puerto Rico):
25 YEAR SENTENCE OVERTURNED

In a federal drug case involving seventeen defendants and twenty one days of trial, my client had received a 25 year sentence as a 'kingpin'. Representing him on appeal, we argued that the Spanish transcripts of tapped telephone conversations had never been translated into English and were thus unreviewable by the English language appellate Courts. Result: 25 year sentence vacated.

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