Attorney Joseph John Higgins III's Legal Cases

DUI and DWI

Worcester District Court (Mendon PD) - Commonwealth v. D.D.

Feb 07, 2018

OUTCOME: Not Guilty

A Mendon police officer was monitoring traffic on Millville Street when he observed a vehicle traveling 54 mph in a 25 mph zone. The officer activated his lights and attempted to catch up to the vehic ... le. While following behind the vehicle, the officer observed it cross over the double yellow lines on two separate occasions and the fog line on one occasion. Once the vehicle stopped, the officer approached the operator, later identified as the client. The officer noticed a strong odor of alcoholic beverage coming from the client's breath and also observed that his eyes appeared bloodshot and glassy. The officer illuminated the interior of the vehicle with his flashlight and observed an open 24-pack of Bud Light on the passenger floor, within reach of the client. The officer also noticed several empty cans on the back passenger floor. The client was then asked to exit his vehicle to perform field sobriety tests. Following his performance on the Horizontal Gaze Nystagmus, the Walk and Turn, the One Leg Stand, and a portable breath test, the client was arrested and charged with OUI. At the station, the client consented to a Breath Test, which revealed a .09 BAC. At a jury-waived trial, through the cross examination of the arresting officer, Attorney Higgins was able to show that the client actually performed the field sobriety tests pretty well and that the officer's observations of his operation of the vehicle did not demonstrate that he was impaired by alcohol. Accordingly, the Judge returned a verdict of Not Guilty.

DUI and DWI

Brockton District Court (Bridgewater Police) - Commonwealth v. P.S.

Jan 29, 2018

OUTCOME: Not Guilty

CHILD ENDANGERMENT WHILE OUI & OUI THIRD OFFENSE: A Bridgewater Police officer was traveling south on Route 18 when he observed a red SUV cross over the fog line and into the shoulder of the roadway. ... The officer observed the vehicle do this multiple times. At the intersection of Route 18 and Winter Street, the vehicle turned into Winter Place. The officer activated his blue lights as the vehicle parked in a parking spot. When the officer approached the operator, later identified as the client, he observed a moderate odor of alcohol on the client's breath. The officer also observed that the client's eyes were bloodshot and glassy. Seated in the rear of the vehicle was the client's son and two nephews, all minors. The officer ran a check of the client's license and determined that it was suspended. The client was asked to get out of his vehicle and was placed under arrest. At the station, the client consented to a Breath Test, which yielded a BAC of .09. At a pre-trial motion to suppress, Attorney Higgins was able to obtain a favorable decision, resulting in the exclusion from evidence of many incriminating statements made by the client. Additionally, after reviewing the Breath Test documents, Attorney Higgins was able to have the breathalyzer result excluded. At a jury trial, Attorney Higgins was able to secure Not Guilty verdicts on both the OUI Child Endangerment charge and the OUI Third Offense charge.

DUI and DWI

Hingham District Court (Hingham Police) - Commonwealth v. C.F.

Jan 25, 2018

OUTCOME: Not Guilty

A Sergeant on the Hingham Police Department was traveling south on Main Street when he observed a vehicle approaching him from the opposite direction. The vehicle appeared to cross over the white fog ... line and almost strike the curb. These observations were all captured on a dash-mounted cruiser camera. As the vehicle passed the Sergeant, it began to accelerate to a high rate of speed. The Sergeant then turned his cruiser around, activated his blue lights and initiated a stop of the vehicle. When the Sergeant approached the operator, later identified as the client, he observed that the client's eyes were very red and glassy. He also detected a slight odor of alcoholic beverage coming from inside the vehicle. When the client was asked if he had been drinking, he told the Sergeant that he had been earlier. The Sergeant observed that the client's speech was slurred. Based on his observations, the Sergeant requested that the client get out of the vehicle and perform Field Sobriety Tests. The client was administer the HGN, the Nine Step Walk and Turn, the One Leg Stand, and the Alphabet Test. All of these tests, again, were captured on the dash-mounted cruiser camera. At a jury trial, through the cross examination of the Sergeant and the use of the video footage, Attorney Higgins obtained a Not Guilty verdict from the jury.

DUI and DWI

Falmouth District Court (Falmouth Police) - Commonwealth v. C.H.

Jan 16, 2018

OUTCOME: Not Guilty

OUI SECOND OFFENSE: A Falmouth Police Officer was traveling on Palmer Avenue in Falmouth when she noticed a vehicle approaching her at a very high rate of speed. It appeared as though the vehicle was ... crossing over the center line of the roadway and was going to hit her head-on. After making these observations, the officer activated her blue lights and attempted to stop the vehicle. The vehicle, however, made a turn onto West Falmouth Highway and began to accelerate to a very high rate of speed. The officer pursued the vehicle until it finally came to a stop on Blair Lane. When the officer approached the operator, later identified as the client, and engaged him in conversation, she noticed that his face was very red, his eyes were very glossy and bloodshot, he was slurring his speech and could barely put a full sentence together. When asked if he had been drinking, the client admitted that he had. The officer at that point had detected a strong odor of an alcoholic beverage coming from the client as he spoke. After a brief exchange, the client was placed under arrest and transported to the Falmouth Police Station. The officer testified that when they arrived at the station, the client could barely stand and was almost "legless." At a jury trial, through the cross examination of the arresting officer and argument before the jury, Attorney Higgins was able to secure a Not Guilty verdict. After trial, the judge allowed a motion to reinstate the client's driver's license.

DUI and DWI

Malden District Court (Wakefield Police) - Commonwealth v. J.C.

Jan 02, 2018

OUTCOME: Not Guilty

OUI SECOND OFFENSE: A Wakefield Police officer observed a vehicle traveling westbound on Water Street. As the vehicle passed his location, the officer observed that it had a defective taillight. Whe ... n the vehicle turned onto Main Street, the officer activated his blue lights and initiated a motor vehicle stop. When the officer approached the operator, later identified as the client, he could detect an odor of alcoholic beverage coming from the the client's breath. The client admitted to drinking two glasses of wine with his dinner. The officer also observed that the client's eyes appeared bloodshot, glassy and wet. When the officer asked the client for his driver's license, the client began to hand him a credit card. Based on his observations, the officer asked the client to perform a series of field sobriety tests. The client was administered the HGN, the Nine Step Walk and Turn, and the One Leg Stand. After the officer determined that the client had failed all of the tests, he placed the client under arrest. At the station, the client consented to a Breath Test, resulting in a .12 BAC. At a jury trial, the Breath Test evidence was not introduced, and through the cross examination of the arresting officer, Attorney Higgins was able to cast enough doubt in the minds of the jurors to secure a Not Guilty verdict.

DUI and DWI

Fall River District Court (MSP-Dartmouth) - Commonwealth v. D.W.

Dec 04, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE: A Massachusetts State Trooper was on patrol in the City of Fall River when he observed a vehicle traveling East on Rodman Street. As the vehicle approached the intersection with Ha ... rtwell Street, the Trooper observed the vehicle turn left without signaling or yielding the right of way to him. The Trooper then observed the vehicle travel through a stop sign, prompting him to initiate a motor vehicle stop. When the Trooper spoke with the operator, later identified as the client, he could detect a strong odor of an alcoholic beverage coming from inside the vehicle. He also noticed that the client had bloodshot and glassy eyes, and that her speech was slurred. The Trooper asked the client to recite the Alphabet. The client said it from A to V, then stated "H, I, J, K." The Trooper then asked the client to get out of her vehicle. When she did, the Trooper noticed that she was swaying and stumbling backwards, and had to grab onto the driver's door for balance. The client was then asked to perform the Nine Step Walk and Turn, and the One Leg Stand. The Trooper observed that the client could not maintain her balance on either test. Following her performance, the client was placed under arrest and transported to the State Police Barracks in Dartmouth. At the barracks, the client consented to a Breath Test, resulting in a .09 BAC. At a jury-waived trial, the Breath Test evidence was not introduced and, through the cross examination of the arresting Trooper, Attorney Higgins was able to obtain a Not Guilty verdict from the judge.

DUI and DWI

Plymouth District Court (Plymouth Police) - Commonwealth v. A.P.

Nov 28, 2017

OUTCOME: Not Guilty

The client rear-ended another car causing major damage to both vehicles. When the police arrived they spoke with the client and observed that her eyes were bloodshot. They also detected a moderate od ... or of alcohol coming from her breath as she spoke. The client informed the officers that she was coming from a local bar and admitted to consuming two drinks with dinner. She later stated that she "only had four drinks." The client said that the vehicle in front of her stopped short, causing her to collide with it. The other operator said that the client was tailgating him, so much so that he could not see her headlights in his rearview mirror. Based on the nature of the accident and the client's admission to alcohol consumption, the client was asked to perform the Alphabet Test, the Nine Step Walk and Turn, and the One Leg Stand. After her performance, she was placed under arrest and transported to the Plymouth Police Station. At a jury trial, through the cross examination of both the officer and civilian witness, the direct examination of the client herself, and the use of a booking video, Attorney Higgins was able to obtain a Not Guilty verdict.

DUI and DWI

Natick District Court (Sherborn Police) - Commonwealth v. P.F.

Nov 27, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE: While traveling northbound on South Main Street in the Town of Sherborn, an officer observed a vehicle heading South with a defective headlight. The officer reversed his direction a ... nd conducted a motor vehicle stop. When the officer approached the driver, later identified as the client, he detected a strong odor of alcoholic beverage coming from his facial area and observed that his eyes were glassy. When asked if he had consumed any alcohol that evening, the client admitted to having a couple of glasses of wine with dinner. The client was then asked to perform the HGN, the One Leg Stand, the Nine Step Walk and Turn, as well as the Alphabet Test. The officer determined that the client failed all tests and placed him under arrest. At the police station, the client consented to a Breath Test and the result was a .12 BAC. At a jury trial, the Breath Test evidence was not introduced and Attorney Higgins was able to cast enough doubt in the minds of the jurors to obtain a Not Guilty verdict.

DUI and DWI

Plymouth District Court (MSP Norwell) - Commonwealth v. C.F.

Nov 10, 2017

OUTCOME: Dismissed

On July 23, 2016, a Massachusetts State Trooper observed the client speeding on Route 3 North in the area of Exit 10. After stopping the client, the Trooper asked for his driver's license and registra ... tion. The client handed the Trooper his license and an RMV Renewal application. While speaking with the client, the Trooper observed that his eyes appeared bloodshot and glassy, and that his speech was slurred. The Trooper requested that the client recite the alphabet, which the client was unable to do in its entirety. The client was then asked to exit his vehicle and perform field sobriety tests. Once the client was out of the vehicle, the Trooper observed that he was unsteady on his feet. The client was then given the Counting Backwards test, the One Leg Stand, and the Nine Step Walk and Turn. Following his performance, the client was arrested and transported to the Norwell State Police Barracks. At the Barracks, the client consented to a Breath Test, which yielded a result of a .17 BAC. At trial, the case was dismissed.

DUI and DWI

Wareham District Court (Lakeville Police) - Commonwealth v. J.K.

Nov 09, 2017

OUTCOME: Not Guilty

OUI-SECOND OFFENSE: While traveling East on County Road in the Town of Lakeville, an officer noticed a vehicle traveling at a high rate of speed down the off-ramp from Route 140. As the vehicle approa ... ched the intersection, its front end dropped down rapidly and the officer observed the tires skid before coming to a complete stop. The operator of the vehicle, later identified as J.K., was observed leaning over towards the passenger seat. The officer activated his blue lights and initiated a motor vehicle stop. When the officer approached the vehicle, he observed that the vehicle's brakes were still smoking. As he began to speak with J.K., the officer observed that his eyes were bloodshot and glassy, and that there appeared to be an odor of alcohol coming from his breath. J.K. admitted to drinking a "some beers." As the officer continued his investigation, he observed Bud Light cans on the front passenger seat, as well as on the rear passenger side flood. Suspecting that J.K. might be under the influence of alcohol, the officer asked J.K. to get out of the vehicle. As J.K. exited, the officer observed that he was unsteady on his feet and had to use the car for balance. J.K. was placed under arrest and charged with OUI-Second Offense. During an inventory search of J.K.'s vehicle, the police located numerous Bud Light cans and 3 empty Fireball nips. At a jury-waived trial, through the cross examination of the officer, Attorney Higgins was able to secure a Not Guilty verdict. Following the trial, the court allowed a motion to reinstate the client's driving privileges.

Joseph John Higgins III's Legal Cases (108)

Worcester District Court (Mendon PD) - Commonwealth v. D.D.

Brockton District Court (Bridgewater Police) - Commonwealth v. P.S.

Hingham District Court (Hingham Police) - Commonwealth v. C.F.

Falmouth District Court (Falmouth Police) - Commonwealth v. C.H.

Malden District Court (Wakefield Police) - Commonwealth v. J.C.

Fall River District Court (MSP-Dartmouth) - Commonwealth v. D.W.

Plymouth District Court (Plymouth Police) - Commonwealth v. A.P.

Natick District Court (Sherborn Police) - Commonwealth v. P.F.

Plymouth District Court (MSP Norwell) - Commonwealth v. C.F.

Wareham District Court (Lakeville Police) - Commonwealth v. J.K.