Attorney Joseph John Higgins III's Legal Cases

DUI and DWI

Hingham District Court (Hingham Police) - Commonwealth v. M.W.

Feb 27, 2019

OUTCOME: Not Guilty

OUI SECOND OFFENSE - A Hingham Police Officer heard the screeching of the client's vehicle's tires as he went around a rotary at a high rate of speed. The officer began to follow the client and observ ... ed that the rear license plate bulb was not working. The officer activated his blue lights and conducted a motor vehicle stop. When the officer approached the client, he testified that the client had slurred speech, smelt like alcohol, and had bloodshot and glassy eyes. When the client exited his vehicle, a few items that had been resting on his lap fell to the ground. The officer testified that the client was unsteady on his feet. The client, who suffered from anxiety and ADHD, was asked to perform the One Leg Stand, the Nine Step Walk and Turn and the Alphabet Test. The entire investigation was captured on a cruiser camera. At trial, through the cross examination of the officer, the video footage, as well as the client's medical records, Attorney Higgins was able to provide the judge with "reasonable doubt", resulting in a Not Guilty verdict.

DUI and DWI

Dudley District Court (Sturbridge Police) - Commonwealth v. K.B.

Jan 30, 2019

OUTCOME: Not Guilty

OUI FIRST OFFENSE - A Sergeant on the Sturbridge Police Department was traveling eastbound on Route 131 when he observed a vehicle approaching him from the other direction. The Sergeant attention was ... drawn to the vehicle because it appeared as though it was speeding. After the vehicle passed the Sergeant's cruiser, he reversed direction and caught up to the vehicle, which was now sitting at a red light. The Sergeant activated his blue lights and approached the operator, later identified as the client. The entire stop and interaction was captured on a cruiser camera. When the Sergeant spoke with the client, he detected a strong odor of an alcoholic beverage coming from her person and observed that her eyes were bloodshot and glassy. The Sergeant asked the client if she had been drinking. Initially, the client stated that she had not been drinking, but then said that she had consumed two Heineken beers. The Sergeant asked the client to exit her vehicle and perform Field Sobriety Tests. The client was administer the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand. The Sergeant determined that the client had failed all of the tests and placed her under arrest. At a jury-waived trial in the East Brookfield District Court, through the cross examination of the Sergeant, and the use of the dash cam video, Attorney Higgins was able to secure a Not Guilty verdict.

DUI and DWI

Quincy District Court (MSP) - Commonwealth v. E.O.

Jan 29, 2019

OUTCOME: Dismissed

OUI FIRST OFFENSE - The client was involved in a motor vehicle accident and the Massachusetts State Police responded. After speaking with the client, the Troopers formed the opinion that he was under ... the influence of alcohol. The client was evaluated by EMS personnel and transported to the hospital. The State Police neglected to issue the client a citation in a timely manner. Instead, several days went by and the client was mailed a citation. Applying the pertinent case law and statute, Attorney Higgins filed a Motion to Dismiss. That motion was allowed.

DUI and DWI

Taunton District Court (Easton Police) - Commonwealth v. E.I.

Jan 15, 2019

OUTCOME: Not Guilty

OUI SECOND OFFENSE - An officer from the Easton Police Department observed the client take a "wide radius" turn onto Bay Road. The officer testified that she observed the vehicle cross over the middle ... yellow line and into the opposite lane of travel. The vehicle continued to travel down Bay Road straddling the two lanes. After making these observations, the officer activated her cruiser's blue lights and effectuated a stop. When the officer approached the client, she detected a strong odor of an alcoholic beverage, observed that his eyes appeared bloodshot and glassy, and that his speech was slightly slurred. Based on these observations, the officer asked the client to perform Field Sobriety Tests. The client was given the Horizontal Gaze Nystagmus Test (not introduced at trial), the One Leg Stand, the Nine Step Walk and Turn, and a Portable Breath Test (.136 BAC which was not introduced at trial). The officer concluded that the client had failed all of the tests and placed him under arrest. At a jury-waived trial, Attorney Higgins was able to highlight the things the client did well during the course of the investigation, creating "reasonable doubt" in the mind of the judge. Accordingly, a Not Guilty verdict was returned.

DUI and DWI

Plymouth District Court (Plymouth PD) - Commonwealth v. J.O.

Jan 10, 2019

OUTCOME: Not Guilty

OUI FIRST OFFENSE - A Plymouth Police Officer was dispatched for a report of a motor vehicle accident. When he arrived, the officer observed the client's vehicle off of the roadway, having run over a ... mailbox and colliding with an unoccupied vehicle. While assessing the damage to the client's vehicle, the officer observed 8 empty nip bottles on the floor of the backseat. When the officer spoke with the client, he detected a strong odor of an alcoholic beverage coming from his person. The officer asked the client to perform Field Sobriety Tests. The client was then administered a battery of tests, which concluded in his arrest. When the client was brought back to the police station, he was booked in the usual manner. During the booking process, however, the client made a series of incriminating statements regarding his alcohol consumption. At a pre-trial motion to suppress, Attorney Higgins was successfully able to have to statements excluded from evidence. At a subsequent jury-waived trial, through the cross examination of the officer, Attorney Higgins was able to secure a Not Guilty verdict for the client.

DUI and DWI

Orleans District Court (Dennis Police) - Commonwealth v. A.S.

Jan 08, 2019

OUTCOME: Not Guilty

OUI SECOND OFFENSE - A Dennis Police Officer observed a Dodge pickup truck traveling at a high rate of speed on Route 134. When the truck reached the intersection of Route 134 and Upper County Road, t ... he officer observed it cut in front of two vehicles and make a left turn onto Upper County Road, nearly causing an accident. Upon seeing this infraction, the officer activated his emergency blue lights and siren. The officer lost sight of the truck for a period of time, but located it again on Great Western Road. The truck at that time was traveling 65 mph in a 40 mph zone. When the officer caught up to the truck, it pulled over to the side of the road. The officer approached the operator, later identified as the client, and asked him to produce his license, which he did. The officer observed that the client's eyes were bloodshot and glassy, and that there was an odor of an alcoholic beverage coming from his breath. The officer also noticed that he was slurring his words. The client denied consuming alcohol, but the officer observed several empty beer cans in the bed of the truck. There was spilt liquid near the cans, suggesting that they had recently been consumed. The client was then asked to perform a series of field sobriety tests, including the Horizontal Gaze Nystagmus Test (not introduced at trial), the Walk and Turn, the One Leg Stand, and the Alphabet Test. At the conclusion of Field Sobriety Testing, the client was arrested. At a jury-waived trial, during the cross-examination of the arresting officer, Attorney Higgins was able to show that the client actually did pretty well on the Field Sobriety Tests. He was also able to offer explanations as to why the client was driving the way that he was. The result was a Not Guilty verdict. Following the trial, Attorney Higgins filed a Motion to Return License. The client's license, having been suspended as a result of refusing the Breath Test at the police station, was restored.

DUI and DWI

Salem District Court (MSP Newbury) - Commonwealth v. J.S.

Jun 28, 2018

OUTCOME: Not Guilty

On June 18, 2017, at approximately 8:25 a.m., a Massachusetts State Trooper was conducting speed enforcement when he observed the client traveling 82 mph on Route 95 in the Town of Georgetown. As the ... trooper pursued the client, he observed the client's vehicle reach 100 mph before slamming on the brakes and coming to a stop in the breakdown lane. When the trooper spoke with the client, he observed that the client's eyes were bloodshot and glassy, and that there was a slight odor of an alcoholic beverage emanating from the vehicle. When the client was asked if he knew how fast he was going, he stated that he did not know. The client admitted that he had consumed 12 beers the night before and "slept it off." The client was then asked to perform field sobriety tests. The trooper administer the Alphabet Test, the Counting Backwards Test, the HGN, the One Leg Stand, and the Walk and Turn. The trooper determined that the client failed all tests and placed him under arrest. At the State Police Barracks in Newbury, the client registered a .14 of the Breath Test (not introduced at trial).

DUI and DWI

Wareham District Court (Middleborough PD) - Commonwealth v. M.D.

Jun 26, 2018

OUTCOME: Not Guilty

The client was involved in a motor vehicle accident on Purchase Street in the Town of Middleborough. When the police arrived on scene, they observed that the client's vehicle had crashed into a tree. ... Both the client and her passenger were laying in the roadway next to the vehicle. The client was crying, breathing heaving, and having difficulty speaking. When EMS arrived, the client was heard saying that she had been drinking tequila just prior to the accident. At trial, through the cross examination of the police officer and two civilian witnesses, and the use of the client's medical records, Attorney Higgins was able to secure a Not Guilty verdict.

DUI and DWI

Plymouth District Court (Plymouth PD) - Commonwealth v. F.F.

May 22, 2018

OUTCOME: Not Guilty

On September 6, 2017, at approximately 9:30 p.m., officers from the Plymouth Police Department were dispatched to a single motor vehicle accident with property damage on Herring Pond Road in Plymouth. ... The caller described the vehicle involved as a white Chevy pickup truck. When the officers arrived, the truck had left the scene. A check of the registration revealed that our client was the owner of the truck. The police then went to the client's registered address, spoke with his parents, and learned that the client was at his girlfriend's house. The police then responded to the girlfriend's house where they located the client. The client acknowledged that he had hit a fence and left the scene. When the police spoke with him, they observed that he smelt of alcohol, and his eyes appeared bloodshot and glassy. The client admitted that he had consumed a couple of beers. The officers asked the client to perform the One Leg Stand and the Nine Step Walk and Turn. After the tests were performed, the officers placed the client under arrest and transported him to the Plymouth Police Department. At trial, Attorney Higgins was able to show that the evidence was insufficient to establish that the client was under the influence of alcohol at the time of operation. The evidence arguably could have shown that he was under the influence at the time the police interacted with him, but not when he was driving. The Judge returned a verdict of Not Guilty.

DUI and DWI

Brockton District Court (East Bridgewater PD) - Commonwealth v. MA

Mar 12, 2018

OUTCOME: Not Guilty.

An East Bridgewater Police Officer was traveling north on Washington Street when he observed a black pickup truck traveling south at 56 mph. The speed limit in the area was 35 mph. When the officer a ... pproached the operator, later identified as the client, he noticed that the client's eyes were glassy and bloodshot. The officer also noted that the client had a large bruise over his eye and appeared to have blood on his ear, neck and hands. The client indicated that he had been involved in a fight at a party in Lowell earlier in the evening. The client admitted to consuming 4 nips of alcohol. At that point, the officer asked the client to exit his vehicle to perform field sobriety tests. The client complied and was given the Alphabet Test, the Counting Backwards Test, the Nine Step Walk and Turn, the One Leg Stand, and a Portable Breath Test. At the conclusion of the tests, the client was arrested and charged with OUI. Back at the station, the client consented to a Breath Test, which revealed a .08 BAC. At a jury-waived trial where the Breath Test was not introduced into evidence, Attorney Higgins, through the cross-examination of the arresting officer, was able to establish that the Commonwealth had fallen short of establishing their case beyond a reasonable doubt. Not Guilty.

Joseph John Higgins III's Legal Cases (108)

Hingham District Court (Hingham Police) - Commonwealth v. M.W.

Dudley District Court (Sturbridge Police) - Commonwealth v. K.B.

Quincy District Court (MSP) - Commonwealth v. E.O.

Taunton District Court (Easton Police) - Commonwealth v. E.I.

Plymouth District Court (Plymouth PD) - Commonwealth v. J.O.

Orleans District Court (Dennis Police) - Commonwealth v. A.S.

Salem District Court (MSP Newbury) - Commonwealth v. J.S.

Wareham District Court (Middleborough PD) - Commonwealth v. M.D.

Plymouth District Court (Plymouth PD) - Commonwealth v. F.F.

Brockton District Court (East Bridgewater PD) - Commonwealth v. MA