Attorney Joseph John Higgins III's Legal Cases

DUI and DWI

Edgartown District Court - Commonwealth v. A.H.

May 12, 2017

OUTCOME: Dismissed

OUI FIRST OFFENSE - DISMISSED: A Tisbury Police officer had a vehicle stopped on the side of the road. As the client drove by the officer, she came close to striking him. The officer yelled to the cl ... ient to pull over, which she did. When the officer approached the client, he observed that her eyes were bloodshot and glassy, and detected a strong odor of alcohol coming from her person. The client performed the Walk and Turn, the One Leg Stand, the Alphabet Test. The client performed reasonably well on all of the tests, but consented to a PBT the revealed a .129 BAC. After being placed under arrest, the client consented to a Breath Test and registered a .13 BAC. At a pre-trial hearing, Attorney Higgins learned that the Breath Test result would not be offered at trial. The DA's office agreed to dismiss the OUI charge and the client received a CWOF for 6 months on a charge of Negligent Operation. The client did not incur any license loss.

DUI and DWI

Waltham District Court - Commonwealth v. K.S.

May 10, 2017

OUTCOME: Dismissed

OUI FIRST OFFENSE - DISMISSED: Client was stopped for speeding by a Watertown Police officer. The officer observed that the client's eyes were bloodshot and glassy and that his speech was slurred. Th ... e officer also observed that the client had an odor of an alcoholic beverage coming from his person. When asked if he had been drinking, the client admitted that he had. After the client submitted to field sobriety tests, he was arrested and charged with OUI. Following the disclosure that the officer was no longer employed by the Watertown Police Department, Attorney Higgins filed a series of motions that ultimately resulted in the dismissal of the case.

DUI and DWI

Falmouth District Court - Commonwealth v. H.C.

Apr 10, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: A Falmouth Police officer observed the client's vehicle traveling 15-18 mph on Route 151. As the officer began following the client, he observed that she crossed over ... the double yellow lines as well as the fog line. After stopping the client, the officer observed that she had bloodshot/glassy eyes, a slight odor of alcohol on her breath, and was exhibiting slurred speech. The officer requested that the client perform the Alphabet Test and the Nine Step Walk and Turn. Following her performance, the client was placed under arrest and charged with OUI Second Offense. At trial, the officers testified that the client was extremely belligerent, calling the officers various names. Through the cross examination of the two officers, Attorney Higgins was able to secured a jury trial verdict of Not Guilty. Client's driving privileges were timely restored.

DUI and DWI

Plymouth District Court - Commonwealth v. F.W.

Mar 17, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: Marshfield Police received a 911 call reporting a road rage incident outside of a local convenience store. The 911 caller provided the license plate number of the clie ... nt and the Marshfield Police responded to his residence. When the police arrived, an argument ensued. The client denied driving and according to the police, appeared to be under the influence. At trial, the DA's office called the 911 caller and two Marshfield Police officers as witnesses. The 911 caller identified the client as the driver of the car involved in the road rage incident. The two police officers testified that they believed the client was under the influence of alcohol. Through cross-examination of the government's witnesses and the testimony of a witness for the client, Attorney Higgins was able to secure a Not Guilty verdict following a two-day jury-waived trial.

DUI and DWI

Plymouth District Court - Commonwealth v. GTL

Mar 16, 2017

OUTCOME: Not Guilty

OUI SECOND OFFENSE - NOT GUILTY: Massachusetts State Police received a 911 call reporting an erratic operator heading south on Route 3. The caller stated that the client exited Route 3 in the area of ... the Sagamore Bridge and got back onto Route 3 North. The caller continued to follow the client and the State Police transferred the call to Plymouth Police. The caller reported that the client was all over the road. Just south of Exit 5 in Plymouth, the Plymouth Police stopped the client. The officers testified at trial that client came to a stop while still halfway in the right travel lane. When the officers approached the client, they testified that they could detect an odor of alcohol coming from the client and that her speech appeared to be slightly slurred. Shortly after asking the client to exit her vehicle, the client was placed under arrest and charged with OUI 2nd Offense. At the police station, the client refused to submit to the breath test, resulting in a 3-year license loss. Through a chemical test petition for judicial review, Attorney Higgins was able to overturn that suspension and the client received her license back while she awaited trial. At trial, through the cross examination of two Plymouth Police officers and the utilization of a booking video, Attorney Higgins was able to secure a Not Guilty verdict after a jury-waived trial.

DUI and DWI

Wareham District Court - Commonwealth v. J.M.

Mar 07, 2017

OUTCOME: Dismissed

OUI FIRST OFFENSE - DISMISSED: Client was a combat veteran of the U.S. Army. Following his deployments, he suffered from PTSD that resulted in a substance abuse issue. Client was involved in a rollov ... er motor vehicle accident in 2016 that landed him in the hospital. After a Clerk's Hearing, the client was summonsed to court for an arraignment on a charge of OUI. Pursuant to the Valor Act, Attorney Higgins requested that the arraignment be continued and that the client be assessed through the VA. The client completed a treatment program through the VA and the case was ultimately dismissed prior to arraignment. The client did NOT suffer a driver's license loss and there was no entry on his criminal record as a result.

DUI and DWI

Dorchester Boston Municipal Court - Commonwealth v. B.B.

Jan 17, 2017

OUTCOME: Not Guilty

Two Massachusetts State Troopers were dispatched to Route 93 South following a 911 call reporting an erratic operator. When the Troopers arrived, they observed the client's vehicle disabled in the mid ... dle of the road with a broken axle. The Troopers testified that the client had a strong odor of alcohol coming from his person, had bloodshot/glassy eyes, and slurred speech. The Troopers also testified that the client failed the Nine Step Walk and Turn, as well as the One Leg Stand. Through cross-examination of the 911 caller and the Trooper, plus utilizing the 911 recording to contradict portions of their testimony, Attorney Higgins was able to secure a Not Guilty Verdict from the jury. Client was under 21 at the time and incurred a 3-year license loss for refusing the Breath Test. Following the Not Guilty verdict, the judge restored the client's license.

DUI and DWI

Newburyport District Court - Commonwealth v. T.M.

Dec 08, 2016

OUTCOME: Not Guilty

Client charged with Operating a Boat While Under the Influence of Alcohol. Newburyport Police were dispatch to Cashman Park for a report of a boat that was caught in another boat's mooring. When the ... police arrived, the Harbor Master had already boarded the boat. At trial, members from the Harbor Master's Office and the Newburyport Police testified that client was belligerent and argumentative. They also testified that the client was unsteady on his feet, was slurring his speech, and appeared to have an odor of alcohol coming from his breath. Following his arrest, the client consented to field sobriety tests at the Newburyport Police Station. The arresting officer testified that the client failed all of them. At trial, through cross-examination of the government's witnesses and the testimony of the client, his wife and his brother, Attorney Higgins was able to show the jury that the investigation was incomplete, presumptuous, and most importantly, that the client was Not Guilty.

DUI and DWI

Lawrence District Court - Commonwealth v. B.C.

Oct 27, 2016

OUTCOME: Not Guilty

Methuen police officers were dispatched to Oakland Avenue for a report of a two-car crash. Upon arrival, officers noticed significant damage to the front ends of both vehicles. When speaking with the ... client, the officers detected a strong smell of an alcoholic beverage and observed that his speech was slurred. At trial, the officers testified that the client had admitted to consuming a Long Island Iced Tea before driving. The officers testified that the client was unable to perform the Nine Step Walk and Turn, as well as the One Leg Stand. They testified that the client demonstrated a lack of balance and that they believed that he was under the influence of alcohol. Through the cross-examination of the officers and the testimony of the client himself, Attorney Higgins was able to show the jury that the client was NOT GUILTY.

DUI and DWI

Peabody District Court - Commonwealth v. G.M.

Sep 21, 2016

OUTCOME: Not Guilty

On July 1, 2016, two Massachusetts State Troopers were patrolling Route 95 South in Lynnfield when they observed a vehicle drifting within its lane and ultimately cross over into another lane. Trooper ... s activated their blue lights as the vehicle exited 95 and proceeded south on Route 1. Instead of pulling to the right and stopping, the vehicle pulled to the left and turned onto Salem Street. When the Troopers approached, they detected a strong odor of alcohol coming from the client's breath. They also observed an open beer can in the seat pocket of the front passenger seat. When asked how much he had to drink, the client stated "A couple of beers." The client told the Troopers that he had consumed one beer about 30 minutes earlier and that he had not yet finished his second beer, motioning the the can in the seat pocket. The client was then asked to submit to a series of field sobriety tests. Following his performance, the client consented to a portable breath test, which revealed a BAC of .086. He was then placed under arrest and charged with OUI-2nd Offense. At trial, through the cross-examination of the Troopers, Attorney Higgins was able to convince the jury that the client was Not Guilty. Client released from custody and returned to his family.

Joseph John Higgins III's Legal Cases (108)

Edgartown District Court - Commonwealth v. A.H.

Waltham District Court - Commonwealth v. K.S.

Falmouth District Court - Commonwealth v. H.C.

Plymouth District Court - Commonwealth v. F.W.

Plymouth District Court - Commonwealth v. GTL

Wareham District Court - Commonwealth v. J.M.

Dorchester Boston Municipal Court - Commonwealth v. B.B.

Newburyport District Court - Commonwealth v. T.M.

Lawrence District Court - Commonwealth v. B.C.

Peabody District Court - Commonwealth v. G.M.