Attorney Joseph John Higgins III's Legal Cases

DUI and DWI

Hingham District Court - Commonwealth v. R. B.

Aug 02, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: An off-duty Hull Police Officer was traveling home from his shift at approximately 12:30 a.m.. As he was driving on Route 228 in Hingham, he observed a pickup truck c ... ross over the fog line several times, nearly striking an embankment. Fearing for the safety of the driver and other motorists, the officer called 911. As the vehicle approached the intersection of Route 53 and Route 228, the officer observed the vehicle make a left onto Route 53 while the Left Turn Only arrow was still red. The officer continued to follow the vehicle into the Town of Norwell. The vehicle made a right onto High Street and parked in the Cole School parking lot. The officer testified that the vehicle remained in the parking lot for approximately 5 minutes before returning to the roadway. The officer stated that he observed the left directional illuminate, then the right directional, before the vehicle made a right back onto Route 53. The officer followed the vehicle while he remained on the phone with 911. After approximately 2 miles, two Norwell police cruisers located the vehicle and initiated a stop. The officers testified that the client did not pass the Alphabet Test, the Counting Backwards Test, the Nine Step Walk and Turn, or the One Leg Stand. The officers testified that the client had heavily slurred speech, smelt like alcohol and had bloodshot eyes. The officers also testified that the client admitted to drinking. At trial, through the cross examination of the three officers, Attorney Higgins was able to show that but for the alleged marked lanes violation on Route 228, the client demonstrated an ability to safely operate his vehicle. The officers conceded that from the intersection of Route 228 and Route 53 to the location of the stop, the client did not swerve, weave, or drift. The officers also conceded that the client was able to utilize the vehicle's brakes appropriately, negotiate turns appropriately, and that he maintained an appropriate speed for the roadway. Client was found Not Guilty on both OUI and Negligent Operation.

DUI and DWI

Brockton District Court - Commonwealth v. T.L.

Jul 27, 2017

OUTCOME: Not Guilty

OUI THIRD OFFENSE - NOT GUILTY: West Bridgewater Police received a 911 call at approximately 12:05 in the afternoon reporting a male party asleep behind the wheel of his truck in the parking lot of Mar ... ket Basket. Two WBPD officers responded to the location. When they arrived, they observed the client in the driver's seat of his running Ford F250 truck. The officers knocked on the client's window several times before the client woke up. The officers asked the client if he was ok. The client stated that he was extremely tired and that he was waiting for his wife, but did not know where she was. While speaking to the client, the officers detected a strong odor of alcohol coming from his person. The officers testified that the client's speech was slurred. In the center console, the officers observed a half empty bottle of Bass Ale. When asked if he had been drinking, the client stated that he had consumed "a few beers." The officers then asked the client to recite the alphabet. One of the officers testified that the client missed several letters and mixed many letters up. The officers then asked the client to get out of his truck and perform field sobriety tests. Prior to taking the tests, the client admitted to taking a Percocet earlier in the day. Following his performance on the Nine Step Walk and Turn and the One Leg Stand, the client was placed under arrest and charged with OUI-3rd Offense. Pursuant to an inventory search of the client's truck, the officers located a half-empty bottle of Southern Comfort and a 12-pack of Bass Ale with 3 bottles missing. After being transported back to the station, the client consented to a Breath Test. The result was a .15 BAC. Prior to trial, Attorney Higgins filed a motion seeking to exclude the Breath Test result. That motion was allowed and it was ordered that the Breath Test was not to be mentioned at trial. Following a two day jury trial, the client was acquitted, sparing him a minimum mandatory jail sentence.

DUI and DWI

Somerville District Court - Commonwealth v. J.M.

Jul 18, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - NOT GUILTY: Client was stopped by a Somerville Police Officer after running a red light just after 3:00 a.m. At trial, two Somerville police officers testified. They said that the ... client smelt of alcohol and admitted to drinking alcohol at a friend's party. They also testified the client's eyes appeared glassy and that his speech was slurred. The officers said that the client failed the Nine Step Walk and Turn and the One Leg Stand. Through cross examination of both officers, Attorney Higgins highlighted deficiencies in their investigation, specifically with respect to their administration of the field sobriety tests, while at the same time pointed out observations that suggested that the client was not impaired. At a jury-waived trial, the client was acquitted.

DUI and DWI

Plymouth District Court - Commonwealth v. P.H.

Jun 27, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - NOT GUILTY: A Massachusetts State Trooper observed a vehicle commit a series of marked lanes violations on Route 3 North in Plymouth, prompting him to initiate a motor vehicle stop ... . When he approached the operator, later identified as the client, the Trooper observed that the client's eyes were bloodshot and glassy, his speech was slurred, and he smelt like alcohol. The Trooper asked the client where he was coming from and the client said that he was coming from the Red Sox game. When asked if he had consumed any alcohol, the client admitted to having a couple of beers at the game. The trooper testified that he was confused as to why the client was traveling North on Route 3 if he was coming from Boston and requested that the client submit to field sobriety tests. Following the client's performance on the Nine Step Walk and Turn, and the One Leg Stand, the client was arrested and transported to the State Police barracks in Norwell. While in custody and a little over an hour after being stopped, the client submitted to a Breath Test. The result was a .06. Following a jury-waived trial, the client was found Not Guilty.

DUI and DWI

Plymouth District Court - MSP v. B.K.

Jun 27, 2017

OUTCOME: Complaint Not to Issue

CLERK MAGISTRATE'S HEARING: Client's license was suspended for an OUI on Cape Cod. While her license was suspended, she was caught driving on Route 3 South by a Massachusetts State Trooper. The Troop ... er stopped the client and cited her for Operating on a Suspended License, NOT Operating on a Suspended License for OUI (a charge that calls for a mandatory jail sentence). Attorney Higgins had the client turn in the citation to request a Clerk Magistrate's Hearing. The Court summonsed the client for an arraignment instead and Attorney Higgins filed a Motion to Dismiss, requesting that the case be remanded to a Clerk's Hearing. That motion was allowed. When the client received the summons for the Clerk's Hearing, the State Police had amended the charge to Operating on a Suspended License for OUI, but never issued the client a new citation. At the Clerk's Hearing, Attorney Higgins highlighted this defect and the complaint did not issue against the client.

DUI and DWI

Chelsea District Court - Commonwealth v. J.H.

Jun 19, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - NOT GUILTY: A Massachusetts State Trooper was conducting stationary traffic enforcement on Route 1 North in the early morning hours when he observed an Audi A6 traveling at approxim ... ately 110 miles per hour. The trooper accelerated and attempted to catch up to the vehicle. While doing so, the Trooper observed the vehicle make a series of unsafe lane changes. The trooper then observed the vehicle take the exit for Route 60 in Revere. The trooper activated his lights in an attempt to stop the vehicle. The vehicle did not stop immediately, but rather made a left turn into a parking lot. When the trooper approached, he observed that the client had vomit on his lap and that there was vomit all over the center console. The Trooper testified that he could detect a strong odor of an alcoholic beverage and that the client was the sole occupant of the vehicle. The trooper testified that the client failed both the 9-Step Walk and Turn, and the One Leg Stand. Following a jury trial in which Attorney Higgins cross examined the Trooper and called three witnesses of his own, a Not Guilty verdict was returned.

DUI and DWI

Worcester District Court - Commonwealth v. C.P.

May 31, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: Client was involved in a head on collision in the Town of Millbury. When the police arrived, the client appeared to be unsteady on her feet, and had bloodshot and glas ... sy eyes. The officer detected an odor of alcoholic beverage coming from the client and asked her if she had been drinking. The client then admitted to consuming alcohol. Following a jury-waived trial that involved the testimony of the other party involved in the accident and two Millbury police officers, Attorney Higgins was able to secure a verdict of Not Guilty.

DUI and DWI

Wareham District Court - Commonwealth v. J.S.

May 30, 2017

OUTCOME: Not Guilty

OUI DRUGS - NOT GUILTY: A State Trooper observed the client cross the marked lanes on Rt. 25 in Wareham. After stopping the client, the trooper approached the client's driver's side door. The trooper ... immediately detected a strong odor of freshly burnt marijuana and observed that the client had pieces of marijuana on the front of his shirt. The client admitted that he was smoking marijuana while driving and acknowledged that he should not have been. The Trooper located a marijuana pipe and marijuana grinder in the client's car. Following a jury-waived trial in Wareham District Court, Attorney Higgins secured Not Guilty verdicts on both the OUI and Negligent Operation charges.

DUI and DWI

Orleans District Court - Commonwealth v. S.S.

May 24, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: A Dennis Police officer observed the client fail to stop at a 4-way intersection. After following the client for some distance, the officer pulled him over. The offic ... er testified that the client began telling him a convoluted story about almost hitting a man with his car and then giving the man a ride to a local bar. The officer testified that the client stated that he had consumed five beers and that he had given the man a ride to a local hotel. During their conversation, the officer stated that he could smell a strong odor of alcohol coming from the client's breath and that he had slurred speech. The officer testified that the client performed poorly on field sobriety tests and was arrested. Prior to the trial date, Attorney Higgins was able to exclude the Breath Test result (.13) that the client produced at the police department following his arrest. At trial, and in the absence of the Breath Test, through cross examination of two police officers, Attorney Higgins obtained verdicts of Not Guilty on both the OUI and Negligent Operation charges.

DUI and DWI

Dedham District Court - Commonwealth v. D.R.

May 23, 2017

OUTCOME: Not Guilty

OUI FIRST OFFENSE - NOT GUILTY: A state trooper had responded to a rollover accident involving a tractor trailer on I-95 in Canton. The accident caused a substantial traffic back up. The trooper test ... ified that while he was re-directing traffic, he observed a man running in his direction. The man was banging on the side of the client's car. The trooper signaled the client to pull over. When he approached the client, the Trooper detected a strong odor of alcohol, observed that the client's eyes appeared bloodshot/glassy and that he exhibited slurred speech. The client admitted to consuming alcohol. The Trooper also located a Bud Light beer can in the client's vehicle. After conducting an OUI investigation, the Trooper placed the client under arrest. Following a jury trial in Dedham District Court, Attorney Higgins was able to secure a Not Guilty verdict.

Joseph John Higgins III's Legal Cases (108)

Hingham District Court - Commonwealth v. R. B.

Brockton District Court - Commonwealth v. T.L.

Somerville District Court - Commonwealth v. J.M.

Plymouth District Court - Commonwealth v. P.H.

Plymouth District Court - MSP v. B.K.

Chelsea District Court - Commonwealth v. J.H.

Worcester District Court - Commonwealth v. C.P.

Wareham District Court - Commonwealth v. J.S.

Orleans District Court - Commonwealth v. S.S.

Dedham District Court - Commonwealth v. D.R.