Client, a 28-year-old male, was driving south on I-495 between 25 and 30mph - well below the 65mph speed limit. His car was swerving between the marked lanes. He was pulled over by a state trooper. My ...client told the trooper that he was "sorry" and that he was falling asleep. The trooper noticed all the standard signs of alcohol impairment (slurred speech, bloodshot/glassy eyes, odor of alcohol, unsteadiness on his feet). He submitted to field sobriety tests, which, according to the trooper, he did not perform satisfactorily.
DUI and DWI
OUI-1st Offense (Breath Test, .06), OUI-Drugs -- Haverhill District Court
Nov 15, 2011
OUTCOME: Dismissed
Client, a 21-year-old female Iraq-War veteran, who suffered a traumatic brain injury in combat, was stopped after weaving across all lanes on 495. The officer detected the slight odor of alcohol coming... from her. Two other officers arrived on the scene. She told the officers that she had been experiencing “flashbacks.†She spoke clearly, her eyes were not red, and she was well-balanced. She told the officers that she had consumed 2 beers earlier in the evening and that she had taken her medication earlier in the day. She asked the officers to give her a breath test, because she “knew†that she was not impaired. Back at the station she provided a breath sample, the results were .06%.
Just prior to trial, the Commonwealth decided not to go forward. Attorney Fasoldt moved to dismiss for lack of prosecution. The judge allowed the motion and dismissed both charges.
In addition, following her arrest her license was immediately revoked as an “Immediate Threat.†Within two weeks of the revocation, Attorney Fasoldt was successful in having her license reinstated.
Result: Dismissed, both counts; Immediate Threat removed
Criminal defense
Assault and Battery on a Police Officer -- Somerville District Court
Oct 21, 2011
OUTCOME: Dismissed
Client, a 37-year-old husband and father, was arrested for OUI. During the arrest, client became enraged. He kicked the officers. The consequences of a conviction for Assault and Battery on a Police Of...ficer were especially serious for the Client as he is here on a student visa. Attorney Fasoldt worked closely with the prosecutor to reach a deal whereby the prosecutor effectively dismissed the Assault and Battery on a Police Officer charge
Criminal defense
Leaving the Scene -- Lawrence District Court
Aug 24, 2011
OUTCOME: General Continuance (dismissed after 6 months)
Client, a 24-year-old man, was charged with Leaving the Scene after side-swiping two parked cars in Lawrence. A conviction of this charge would have significantly impacted the Client's attempt at becom...ing a US citizen. Attorney Fasoldt worked closely with the prosecutor in order to work out a deal that was favorable to the Client.
DUI and DWI
OUI-1st Offense (Breath Test .08); Negligent Operation -- Attleboro District Court
Aug 11, 2011
OUTCOME: Not Guilty on both counts
Client, a 27-year-old man, was stopped after driving through a stop sign. He had just dropped off his pregnant wife at their home, and was now driving home their friends. Client showed standard signs o...f impairment -- slurred speech, red/bloodshot eyes, strong odor of alcohol. He admitted to the officer that he'd consumed a "couple of beers." He was asked to get out of the car and walk to the sidewalk. He performed 4 Field Sobriety Tests, all of which he failed in the opinion of the officer. He was arrested and brought back to the station. He consented to a breath test, the results of which were .08%. At trial I called an Expert Witness who testified about how the machine's reading may not have been accurate. Additionally, Client's wife tesitified about his normal behavior before he drove her home.
Judge allowed Motion for Required Finding of Not Guilty on the Negligent Operation charge. The Jury found him Not Guilty on the OUI.
DUI and DWI
OUI-1st Offense -- Dedham District Court
Aug 04, 2011
OUTCOME: Not Guilty
Client, a 43-year-old female, was stopped after her tires crossed the marked lanes 3 times. She showed the standard signs of alcohol impairment: slurred speech, bloodshot eyes, odor of alcohol, and uns...teadiness on her feet. A booking video showed Client being polite and cooperative and having good balance. She was found not guilty.
Criminal defense
Possession of Class B (Cocaine) -- Fitchburg District Court
Aug 02, 2011
OUTCOME: Dismissed
Client, a 31-year-old male, was a passenger in a car in a parking lot. Police approached the car, detected the odor of marijuana, and asked Client to get out of the car. Once outside, client was search...ed. Police found a small amount of cocaine in his pocket. After I filed a Motion to Suppress, challenging the search, the ADA agreed to dismiss the case, as it was likely that the cocaine was going to be suppressed.
DUI and DWI
OUI-2nd Offense, Negligent Operation--Wareham District Court
Jul 26, 2011
OUTCOME: Not Guilty on both counts
Client, a 41-year-old man, had an accident in which his truck became stuck in a snowbank. He tried unsuccessfully to get his truck out. Moments later, the police arrived. Client's eyes were bloodshot a...nd glassy, his speech was slurred, he was unsteady on his feet, and he smelled strongly of alcohol. Back at the station, he became upset. Client was found not guilty after a bench trial. The judge allowed the Motion to Reinstate License after trial.
Criminal defense
Negligent Operation of a Motor Vehicle--East Brookfield District Court
Jul 14, 2011
OUTCOME: No complaint issued
Client, a 38-year-old man, was pulled over after he swerved "all over the road, going into the other lane, and crossed the marked lanes 12 times." In addition, his two children were in the back seat. T...he Court issued a summons for client to appear before a clerk-magistrate for a hearing to determine whether he should be charged with the crime of Negligent Operation of a Motor Vehicle. After the hearing, the clerk decided not to issue the complaint; he was not actually charged with the crime.
DUI and DWI
OUI-2nd Offense, Negligent Operation--Fall River District Court
Jun 28, 2011
OUTCOME: Not Guilty on both counts
Client, a 43-year old woman, was stopped twice within 5 minutes because her car matched the description of one that had just left a bar where a person was creating a disturbance. My client was that per...son. She showed few signs of intoxication, but she lashed out at the police violently; she kicked one officer in the groin, she called another officer vulgar names, and she tried to kick out the window of the cruiser. A booking video showed client's agitated behavior. Despite her awful behavior, she was acquitted of OUI-2nd and Negligent Driving. Judge reinstated client's license after trial. Full disclosure: client was convicted of Assault and Battery on a Police Officer and Resisting Arrest.
