Attorney Joseph John Higgins III's Legal Cases

DUI and DWI

Westborough District Court - Commonwealth v. G.A.

Nov 01, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - At approximately 2:10 a.m., a Northborough police officer observed a vehicle speeding on Route 9. In response, the officer conducted a motor vehicle stop. The operator of the vehi ... cle, later identified as the client, came to a stop in the Right-Turn-Only lane. When the officer spoke with the client, he observed that the client's eyes were red, bloodshot, and glassy, and that his speech was slurred. He also detected a strong odor of an alcoholic beverage. The client admitted to consuming three tall beers prior to leaving a local bar. On the Nine Step Walk and Turn, the officer testified that the client missed heel-to-toe on several steps, stepped off line and did not do the turn as instructed. On the One Leg Stand, the officer testified that the client used his arms for balance and miscounted the numbers 14, 15, and 16 by completely skipping the number 13. The officer concluded that the client failed the tests and placed him under arrest. At the station, the client submitted to a breath test that showed a .08 BAC (not introduced at trial).

DUI and DWI

Worcester District Court - Commonwealth v. J.L.

Oct 30, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - The State Police received a 911 call reporting an erratic operator that had struck a jersey barrier on Route 146 in the Town of Uxbridge. A short time later, a state trooper locat ... ed the vehicle in the parking lot of a local XTRA Mart gas station. When the trooper approached, he observed the client asleep in the driver's seat. The client did not wake up at first. When she did, the trooper observed that the client's speech was extremely slurred. He also detected a strong odor of alcohol coming from her breath and observed that her eyes were bloodshot and glassy. The client admitted to consuming alcohol. After the trooper opined that the client failed the Nine Step Walk and Turn, and the One Leg Stand, the client was placed under arrest for OUI-2nd Offense. At the barracks, the client consented to a breath test that resulted in a .19 BAC (not introduced at trial).

DUI and DWI

Concord District Court - Commonwealth v. J.T.

Oct 26, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - A Massachusetts State Trooper observed a vehicle traveling at 71 mph in a posted 55 mph zone. As the trooper began to follow the car, he noticed that it swerved from the middle lan ... e and into the left lane. The car then swerved back and crossed over into the right lane. The trooper activated his lights and signaled the client to stop. When the trooper encountered the client in the breakdown lane, he observed that the client's eyes were bloodshot and glassy, and detected a strong odor of alcohol. The client was asked to perform the Horizontal Gaze Nystagmus test (not introduced at trial), the Nine Step Walk and Turn, and the One Leg Stand. The trooper deemed the client to be under the influence of alcohol and placed him under arrest. At a jury trial, Attorney Higgins successfully cross examined the trooper and jury returned a Not Guilty verdict.

DUI and DWI

Plymouth District Court - Commonwealth v. S.K.

Oct 24, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - A Plymouth police officer received a report of a vehicle that was swerving and traveling slow. The officer located the vehicle and observed it to be traveling at only 20 mph in a 4 ... 5 mph zone. When the officer stopped the car, he noticed that the client's eyes appeared bloodshot, her speech was slurred, and there was an odor of an alcoholic beverage coming from her breath. The client admitted that she had been drinking and stated "Sorry, can you just follow me home?" The officer had the client recite the alphabet. When she got to the letter "T", she stopped and said "wait I know this." The officer gave her a second attempt that yielded similar results. The client was then asked to perform both the Nine Step Walk and Turn and the One Leg Stand. The officer concluded that she failed those tests and placed the client under arrest. At trial, through the cross examination of the arresting officer and the booking officer, as well as the use of the client's medical records, the court found the client Not Guilty.

DUI and DWI

Newburyport District Court - Commonwealth v. R.V.

Oct 18, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - A Newburyport police officer heard the sound of a racing engine and observed the client's vehicle traveling at approximately 65 miles per hour in a posted 30 mph zone. In response ... , the officer conducted a stop. When the officer approached the client he detected a strong odor of an alcoholic beverage. The client admitted to consuming alcohol with his dinner at a local tavern. The officer observed the client's speech to be slurred. The client, who had been battling cancer, told the officer that his medication makes him dizzy. When the officer asked the client if he should be combining alcohol with his medication, the client stated "probably not." After performing and failing the Nine Step Walk and Turn and the One Leg Stand, the client was arrested and charged with OUI-2nd Offense. At a jury trial, through the cross examination of the arresting officer, as well as the testimony of the client himself, the client was found Not Guilty. Following the successful trial, a Motion to Return License was allowed.

DUI and DWI

Falmouth District Court - Commonwealth v. G.B.

Oct 16, 2017

OUTCOME: Not Guilty

OUI THIRD OFFENSE: A Massachusetts State Trooper testified that he observed the client speeding as he approached the Sagamore Bridge in March of 2015. The Trooper said that as the client traveled ove ... r the bridge, he straddled the lanes of travel and maintained a speed of 72 mph. The client exited the highway in Sandwich and the trooper stopped him. When the trooper approached the client, he detected a strong odor of an alcoholic beverage and observed an open case of been on the rear passenger floorboard. The client said that he was coming from Boston and that he had a few drinks a couple of hours earlier. When asked to produce his license and registration, the trooper testified that the client fumbled with a stack of cards from his wallet and placed them in the door handle of the car. The client was asked to exit his vehicle and perform the One Leg Stand, as well as the Nine Step Walk and Turn. The trooper testified that the client could not keep his foot off the ground for more than 11 seconds and stated "I'm sorry." The trooper also testified that the client did not make heel to toe contact and that almost all of his steps were off line. Following a jury trial in Falmouth District Court, the client was found Not Guilty of OUI-3rd Offense. This verdict spared the client of a minimum mandatory jail sentence. After trial, Attorney Higgins filed a motion asking that the court restore the client's right to drive. That motion was allowed.

DUI and DWI

Plymouth District Court - Commonwealth v. G.F.

Oct 03, 2017

OUTCOME: Not Guilty

OUI THIRD OFFENSE: A Duxbury Police Officer testified that he observed the client speeding, prompting him to initiate a stop of the client. When the officer approached the client, he detected a stron ... g odor of an alcoholic beverage coming from the client's person, and observed that his eyes were bloodshot and glassy. The client admitted to drinking in Plymouth. The officer testified that the client did not perform field sobriety tests to his satisfaction and that he placed the client under arrest for OUI-3rd Offense. At the station, the client refused to take the breathalyzer, which generated a 5-year license loss. At trial, through the cross examination of the arresting officer, Attorney Higgins was able to cast sufficient doubt to generate a Not Guilty verdict. Following the trial, Attorney Higgins filed a motion asking the court to reinstate the client's license. That motion was allowed by the court and the client received his license back.

DUI and DWI

Falmouth District Court - Commonwealth v. A.R.

Sep 18, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE: A Massachusetts State Trooper observed the client crossing the fog line on multiple occasions on Route 25 in the Town of Bourne. These observations prompted the trooper to stop the ... client's vehicle. The trooper detected a strong odor of an alcoholic beverage and observed that the client's eyes appeared bloodshot and glassy. The trooper testified that the client appeared confused and had difficulty answering simple questions. When asked if he had been drinking, the client stated that he had "a couple of beers." When the client exited his vehicle, the trooper testified that he was unsteady on his feet. After being placed under arrest and charged with OUI, the client was taken to the Bourne State Police Barracks, where he consented to a Breath Test. The result was a .089. After a jury-waived trial in Falmouth District Court, the client was found Not Guilty. The breath test result was not introduced at trial.

DUI and DWI

Worcester District Court - Commonwealth v. J.D.

Sep 12, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE: A Massachusetts State Trooper testified that with his LIDAR unit he observed the client driving at 91 mph on 495 South, which caused him to pull the client over. The trooper detecte ... d a strong odor of an alcoholic beverage emanating from inside the vehicle and observed that the client's movements were very slow and lethargic. When asked where she was going, the client stated "Franklin." When asked where she was coming from earlier, the client again stated "Franklin." The client admitted to consuming alcohol and was asked to perform Field Sobriety Tests. After the trooper determined that the client failed the Nine Step Walk and Turn, as well as the One Leg Stand, the client was arrested and charged with Operating Under the Influence. Following a jury-waived trial in Worcester District Court, Attorney Higgins obtained a Not Guilty verdict.

DUI and DWI

Plymouth District Court - Commonwealth v. M.B.

Aug 15, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - On New Years Eve, a Sergeant on the Plymouth Police Department was conducting radar patrol as part of "Drive Sober or Get Pulled Over." At approximately 1:40 a.m., he observed the ... client traveling 57 mph in a 35 mph zone. The Sergeant initiated a stop and approached the client's vehicle. The Sergeant detected a moderate odor of alcoholic beverage coming from the client's breath, observed that his eyes appeared bloodshot and glassy, and that his speech was slurred. The client admitted that he drank three 16 ounce craft beers. The Sergeant then asked the client to perform field sobriety tests. At trial, the Sergeant testified that the client could not complete the Alphabet Test and that he struggled maintaining his balance while performing the Nine Step Walk and Turn and the One Leg Stand. The Sergeant concluded that the client was under the influence of alcohol and placed him under arrest. Back at the police station, the client consented to a breathalyzer. The result was a .08. At trial, through cross examination of two Sergeants and the introduction of the booking video, Attorney Higgins was able to secure a Not Guilty verdict.

Joseph John Higgins III's Legal Cases (108)

Westborough District Court - Commonwealth v. G.A.

Worcester District Court - Commonwealth v. J.L.

Concord District Court - Commonwealth v. J.T.

Plymouth District Court - Commonwealth v. S.K.

Newburyport District Court - Commonwealth v. R.V.

Falmouth District Court - Commonwealth v. G.B.

Plymouth District Court - Commonwealth v. G.F.

Falmouth District Court - Commonwealth v. A.R.

Worcester District Court - Commonwealth v. J.D.

Plymouth District Court - Commonwealth v. M.B.