Client involved in a hit and run accident in the parking lot of a hospital. When the police arrived at the client's home, they determined that he was under the influence. Client was hospitalized and ...charged with a OUI-3rd Offense. At a Clerk Magistrate's hearing that spanned several months, Attorney Higgins was able to demonstrate that not only was the evidence against the client weak, but that the client had taken the necessary steps to receive professional help to address his issue with alcohol. After providing evidence of the client's treatment and sustained sobriety, the complaint did not issue and the charges were dismissed.
DUI and DWI
Boston Municipal Court - Commonwealth v. J.J.
Aug 03, 2016
OUTCOME: Dismissed
Client stopped by a Massachusetts State Trooper in downtown Boston. The trooper determined that the client's license was suspended due to a Chemical Test Refusal from a previous OUI. Client was arres...ted and charged with Operating on a Suspended License for OUI, a charge that calls for a minimum mandatory jail sentence upon conviction. Attorney Higgins filed a motion to dismiss the portion of the charge that alleged that the suspension was "for OUI." Given the governing statutes and the way in which the client's license suspensions were running, the motion was allowed and the charge was reduced to a simple Operating on a Suspended License. Following the allowance of the motion, the case was dismissed upon the client's payment of nominal court costs.
DUI and DWI
Worcester District Court - Commonwealth v. C.C.
Jul 28, 2016
OUTCOME: Not Guilty
Milford Police received a 911 call reporting an erratic operator. Officers respond to the location and observe the client's vehicle parked at an angle on the side of the road. The client then acceler...ated at a high rate of speed. The officer activated his blue lights and siren. The client turned down another street and parked in his driveway. When the client got out of his truck, the officer testified that he stumbled, had slurred speech, exhibited a moderate odor of alcohol, and had bloodshot and glassy eyes. The client admitted to drinking. Through the cross-examination of the officer, as well as the testimony of the defendant and his girlfriend, Attorney Higgins was able to show that the Commonwealth was incapable of proving that the client was under the influence of alcohol, resulting in a Not Guilty verdict.
DUI and DWI
Wareham District Court - Commonwealth v. B.S.
Jun 28, 2016
OUTCOME: Not Guilty
Client stopped for speeding while traveling on Sandwich Road in Wareham. When the Trooper approached, he detected a strong odor of freshly burnt marijuana and observed that the client's eyes appeared ...bloodshot and glassy. The client admitted that he was coming from a smoke shop and that he had just smoked marijuana out of his recently purchased pipe. The Trooper formed the opinion that the client was under the influence of marijuana and placed him under arrest for OUI Drugs and Negligent Operation. An inventory of the vehicle revealed a second pipe with marijuana residue as well as a grinder. Following a jury-waived trial, the client was found Not Guilty on both counts.
DUI and DWI
Quincy District Court - Commonwealth v. V.A.
Jun 21, 2016
OUTCOME: Not Guilty
State Trooper was traveling on Route 93 Southbound at approximately 2:45 a.m., when he observed the client's vehicle stationary and blocking the two left lanes just prior to the off-ramp to Route 24 So...uthbound. As the trooper approached, another vehicle passed him and struck the client's vehicle. Thankfully, the client had already exited the car. When speaking with the client, the Trooper detected a strong odor of an alcoholic beverage emanating from his person. When asked to perform the Nine Step Walk and Turn, the client swayed, was unsteady on his feed, failed to touch heel to toe and used his arms for balance. When asked to perform the One Leg Stand, the client was unable to count past the number 9 and placed his foot down twice. Following a jury-waived trial in Quincy District Court, the client was found Not Guilty of OUI Second Offense.
DUI and DWI
Lawrence District Court - Commonwealth v. D.S.
Apr 25, 2016
OUTCOME: Not Guilty
Officer observed the client completely cross into a left-turn only lane and abruptly pull back into the travel lane. As the officer followed the client, he observed the vehicle veer onto the yellow li...ne several times. After stopping the client, the officer observed that the client's eyes were bloodshot and glassy, and that there was a strong odor of an alcoholic beverage coming from his person. The client told the officer that he was on his way to his girlfriend's house on Lincoln Street and that he had consumed a couple of drinks at a festival. Following his performance on the HGN, the One Leg Stand and the Walk and Turn, the client was placed under arrested and charged with OUI. Following a jury trial in Lawrence District Court, Attorney Higgins was able to secure a Not Guilty verdict for the client.
DUI and DWI
Fall River District Court - Commonwealth v. G.P.
Apr 12, 2016
OUTCOME: Not Guilty
Officer observed the client cross the centerline with both passenger-side tires on two occasions. After stopping the client, the officer could detect a slight odor of an alcoholic beverage coming from... the vehicle and noticed that the client's eyes were glassy and slightly bloodshot. While speaking with the client, the officer noticed a bottle of Smirnoff Ice in the back passenger area. The officer also located another Smirnoff Ice bottle as well as a Budweiser. The client admitted to having a couple of beers at a friend's house. Following his performance of the Alphabet Test, the client was placed under arrest and charged with OUI. The client was under the age of 21 at the time. Following a jury-waived trial in Fall River District Court, Attorney Higgins was able to secure a Not Guilty verdict and the client's license was reinstated.
DUI and DWI
Plymouth District Court - Commonwealth v. T.R.
Apr 11, 2016
OUTCOME: Not Guilty
A Plymouth police officer was parked at the intersection of Main Street and Leyden Street at approximately 1:00 a.m. He observed a black pickup truck drive through a red light at a high rate of speed. ... The officer reversed direction and initiated a stop of the vehicle in front of the John Carver Inn. The operator was identified as the client. As the officer spoke with the client, he observed that the client's eyes appeared bloodshot/glassy and that there was a strong odor of alcohol. In the center console, the officer observed an open Bud Light can. The officer asked the client if he had been drinking. The client admitted that he had consumed a "few beers" and that he had just been drinking from the open Bud Light. The officer returned to his cruiser to run the client's information. When he returned to the client's vehicle, the officer noticed that the Bud Light can was no longer in the center console. When confronted about this, the client stated that he did not know what the officer was talking about. The client was asked to get out of the truck and perform the Alphabet Test, the One Leg Stand, and the Walk and Turn. The officer determined that the client failed all three tests and placed him under arrest for OUI. A search of the client's truck revealed multiple Bud Light cans---some empty and some full. Following a jury-waived trial during which he cross-examined two Plymouth police officers, Attorney Higgins was able to secure a Not Guilty verdict for the client.
DUI and DWI
Edgartown District Court - Commonwealth v. P.D.
Feb 16, 2016
OUTCOME: Not Guilty
Edgartown Police received a 911 call reporting an erratic operator in the area of 16th Street. An officer responded to the location and observed a vehicle matching the description provided by the 911 ...caller. The officer noted that both of the vehicle's passenger side tires were shredded and that the vehicle was leaning to its right. The officer also testified that the vehicle was swerving. After making these observations, the officer activated his cruiser's blue lights and began pursuing the vehicle. The officer testified that the vehicle was slow to stop. Upon approach, the officer identified the driver as the client. The officer noted that the client had bloodshot/glassy eyes, slurred speech and an odor of alcohol coming from his person. The officer testified that he had to ask the client twice for his license and registration, and that the client struggled to produce those items. The officer also testified that the client acknowledged that he had hit something, but could not identify what exactly he hit. When asked about his alcohol consumption, the client admitted to drinking. The officer administer the 9 Step Walk and Turn, and determined that the client failed. The officer, as well as a State Trooper, testified that they believed the client was intoxicated. The client was arrested and charged with OUI-Second Offense. Following his arrest, the client consented to a Breath Test. Due to a problem with the Breath Test machine, the police were not able to obtain a Breath Test sample. As such, the police requested that the client consent to a blood test. The client refused. After a jury trial, the client was found Not Guilty of OUI-Second Offense. Following the jury's verdict, the judge allowed Attorney Higgins' motion requesting that the court restore the client's driver's license.
DUI and DWI
Lynn District Court - Commonwealth v. J.D.
Feb 02, 2016
OUTCOME: Not Guilty
Off-duty State Trooper came upon a rollover accident on Atlantic Avenue in Swampscott. The Trooper observed the client standing outside of the vehicle. Swampscott Police arrived on scene and observed... that the client appeared unsteady on his feet, had bloodshot/glassy eyes, slurred speech, and a strong odor of an alcoholic beverage coming from his person. The officers testified that when asked what happened, the client stated that he "blacked out." The officers also testified that the client admitted to drinking. Both officers testified that they believed that the client was intoxicated. The client was arrested for Operating Under the Influence of Liquor and Negligent Operation of a Motor Vehicle. During an inventory search of the client's vehicle, the police located 2 empty beer cans and 7 empty nips. After a jury trial, the client was found NOT GUILTY on both counts.
