Client charged with Operating a Motor Vehicle without an Ignition Interlock Device when his license was subject to that restriction. Through a pre-trial motion, Attorney Higgins was able to obtain an ...order from the judge that the Commonwealth would not be able to introduce RMV records (a necessary component to the Commonwealth's case) in the absence of a representative from the RMV, resulting in the dismissal of the case.
DUI and DWI
Plymouth District Court - Commonwealth v. G.B.
Nov 12, 2015
OUTCOME: Not Guilty
Two Marshfield Police officers observed a vehicle cross over the fog line and swerve back into the travel lane. The officers testified that the vehicle nearly went off of the roadway. After stopping ...the vehicle, the officers encountered the driver and identified him as the client. Both officers testified that the client's speech was slurred and that he had a strong odor of alcohol coming from his breath. When asked if he had been drinking, the client admitted to having "a few." On the Alphabet Test, one of the officers testified that the client said the letters so fast that he could not understand what he was saying. On the One Leg Stand, both officers testified that the client put his foot down multiple times prior to reaching 15 seconds. On the 9 Step Walk and Turn, both officers testified that the client missed touching his heel to his toe on multiple occasions and stepped off line several times. Through cross examination of the two officers and the use of a booking video, Attorney Higgins was able to secure a "Not Guilty" verdict for the client.
DUI and DWI
Newton District Court - Commonwealth v. L.C.
Nov 04, 2015
OUTCOME: Not Guilty
Newton Police responded to a report of a single motor vehicle accident shortly after 11:00 p.m. on New Years Eve. A civilian witness stated that she heard 2-3 bangs and then what sounded like a crash.... Moments later she observed the client standing outside the driver's-side door of the crashed vehicle. The client was barefoot and walking through broken glass on the roadway. The witness testified that the client said that she met a guy at the bar, that he crashed her car and ran away. The witness also testified that she did not see anyone else in the area. When the police arrived, the client was seated back in the driver's seat of the vehicle. At trial, the officers testified that the client was drunk---she had slurred speech, was unsteady on her feet, had bloodshot eyes, and a strong odor of alcohol coming from her breath. The arresting officer testified that the client could not provide a description of the guy she was with, other then to say that he was "hot." In the vehicle, the officers located the client's cell phone down near the gas pedal and brake. The client was evaluated by EMS personnel and transported to a local hospital. At the hospital, when asked more about what happened, the officer testified that the client admitted she was driving, then quickly corrected herself and stated that the guy crashed her car. At trial, Attorney Higgins was able to show the jury that the Commonwealth had failed to prove beyond a reasonable doubt that the client was the operator of the vehicle, resulting in a "Not Guilty" verdict.
DUI and DWI
Woburn District Court - Commonwealth v. C.B.
Oct 21, 2015
OUTCOME: Not Guilty
State Trooper observed client traveling 87 mph in a 65 mph zone. When the Trooper began following the client, he observed the client's vehicle go onto the fog line and abruptly swerve back to the righ...t. This observation prompted the Trooper to initiate a stop. When the Trooper spoke with the client, he observed an odor of alcohol, bloodshot/glassy eyes, and that the client was slurring some of his words. The client admitted to drinking 4 Bud Light bottles and going to a night club. The Trooper asked the client to get out of the vehicle and administered the HGN, the Walk and Turn, the One Leg Stand and the Portable Breath Test. The PBT resulted in a .14 reading. Following a jury trial, Attorney Higgins was able to secure a Not Guilty verdict.
DUI and DWI
Plymouth District Court - Commonwealth v. J.M.
Oct 19, 2015
OUTCOME: Not Guilty
On February 1, 2014, Plymouth Police responded to Court Street for a report of a male slumped behind the wheel of a parked, running vehicle. Upon the officer's arrival, she observed the client asleep ...in the driver's seat. The vehicle was running and the engine was revving, as the client's foot was on the gas pedal. The officer knocked on the window and the client did not wake up, forcing the officer to open the door and begin shaking the client. When the client awoke, the officer testified that he appeared confused and had difficulty following her simple instructions. She also testified that the client's speech was slightly slurred, his eyes appeared glassy and that there was a moderate odor of alcohol coming from his breath. The client admitted to drinking beers at a local bar and even stated that he "wasn't driving for a reason." When asked to perform the alphabet test, the officer testified that the client was not able to complete the test on two separate attempts. When asked to get out of the car, the officer testified that the client was unsteady on his feet and swayed side to side. The client was placed under arrest and charged with OUI. Both the arresting officer and the Sergeant that conducted the booking procedure testified that the client was uncooperative, belligerent, argumentative and disrespectful. At trial, through the cross examination of both officers, Attorney Higgins was able to cast enough doubt in the minds of the jurors to secure a "Not Guilty" verdict.
DUI and DWI
Plymouth District Court - Commonwealth v. K.F.
Sep 24, 2015
OUTCOME: Not Guilty
Marshfield police officer observed a vehicle traveling with its high beams on on Ocean Street at approximately 4:00 a.m.. As the vehicle approached, its headlights went off completely and never came b...ack on. Based on this observation, the officer stopped the vehicle. The driver was identified as the client, a 20 year-old young man. The client admitted to consuming alcohol and told the officer he was heading home to Plymouth from a friend's house. The officer observed that the client's speech was slurred, his eyes appeared red, glassy, and bloodshot, and that there was an odor of alcoholic beverage coming from his breath. When asked to get out of the vehicle, the officer testified that the client stumbled into the travel lane of the roadway. The officer testified that the client could not recite the alphabet and that he omitted several letters. The officer also testified that the client could not count backwards from 87 to 72. When asked to complete the One Leg Stand, the officer testified that the client placed his foot back on the ground after only one second. After being placed under arrest and taken back to the police station, the client completed a Breath Test, registering a .21 BAC. Prior to trial, Attorney Higgins was able to exclude the Breath Test result from evidence. At trial, Attorney Higgins was able to secure a 'Not Guilty' verdict from the jury.
DUI and DWI
Somerville District Court - Commonwealth v. C.F.
Sep 09, 2015
OUTCOME: Not Guilty
Massachusetts State Troopers responded to a two-car crash on Route 93 South. Upon their arrival they spoke with the client. Two Troopers testified that they observed the client to be unsteady on his ...feet as he was swaying from side to side. They also testified that the client's speech was slurred, his eyes appeared bloodshot and glassy, and that there was an odor of an alcoholic beverage coming from his person. When asked if he had been drinking, the arresting trooper testified that the client stated that he had been drinking Presidente beer but that he didn't know how much. The client was asked to perform three field sobriety tests: 1) The Alphabet Test; 2) The One Leg Stand; and 3) The Nine Step Walk and Turn. The Trooper testified that he instructed the client to recite the alphabet from the letter "A" to the letter "M." The Trooper testified that the client made it to the letter "F," made 3-4 mistakes, and continued past the letter "M," stopping at the letter "P." During the One Leg Stand, the Trooper testified that the client repeatedly put his foot down, did not count out loud, swayed from side to side and used his arms for the balance. During the Nine Step Walk and Turn, the Trooper testified that the client did not touch heel to toe on any of the steps, used his arms for balance, took 12 steps instead of 9, stepped off line and did the turn incorrectly. Following his performance on these tests, the Trooper placed the client under arrest and transported him to the State Police Barracks in Medford. While at the barracks, the client consented to a breathalyzer, the result of which was a .096---above the legal limit of .08. At a pre-trial motion to suppress, Attorney Higgins was able to obtain a ruling excluding the breath test result from evidence. At trial, through cross examination of the Troopers, and the use of the client's medical records to show that he was not a good candidate for performing the One Leg Stand and the Nine Step Walk and Turn, Attorney Higgins was able to show that the client was Not Guilty of both OUI and Negligent Operation of a Motor Vehicle.
DUI and DWI
Dedham District Court - Commonwealth v. A.M.
Aug 25, 2015
OUTCOME: Not Guilty
A Massachusetts State Trooper was dispatched to investigate a single motor vehicle crash on the off ramp of Exit 2A on Route 93 North in the Town of Canton. Upon his arrival, the Trooper observed a Ho...nda Accord on top of a snow bank with its headlights pointing towards the sky. The Trooper testified that he observed a lone male, later identified as the client, walking around the vehicle. The Trooper observed that the client appeared consistently unsteady on his feet, had bloodshot/glassy eyes, slurred speech and a moderate odor of alcoholic beverage coming from his person. When asked if he had been drinking, the client admitted to consuming alcohol prior to the crash. The Trooper testified that the client turned his back and began to walk away from him on several occasions. The Trooper also testified that he had to repeatedly escort the client away from the lane of travel and back to a safe location in the breakdown lane. When the Trooper requested that the client perform field sobriety tests, the client agreed, but when it came time for him to perform the One Leg Stand, the client became uncooperative and argumentative. The Trooper then placed the client under arrest and charged him with: 1) OUI-Liquor; 2) Negligent Operation of a Motor Vehicle; and 3) Marked Lanes Violation. Following a jury trial, Attorney Higgins was able to obtain a Not Guilty verdict on both the OUI and Negligent Operation charges, as well as a Not Responsible finding on the civil Marked Lanes Violation.
DUI and DWI
Plymouth District Court - Commonwealth v. M.P.
Aug 13, 2015
OUTCOME: Not Guilty
Plymouth police officer was traveling on Carver Road when he observed two vehicles approaching from the opposite direction. As the vehicles neared, the second vehicle veered across the double yellow l...ine and into the opposite lane---heading directly toward the officer's cruiser. The officer slammed on his brakes and pulled the cruiser into the shoulder of the roadway to avoid a collision. After passing the officer's cruiser, the vehicle made a quick left turn onto a nearby street. The officer turned his cruiser around to pursue the vehicle. When the officer located the vehicle, it was parked in a driveway---the engine was still running and the headlights were on. The officer observed the client standing in the driveway. The homeowners were shouting that they did not know the client and had no idea why he was there. The client returned to his truck and attempted to leave. The officer instructed the client to stop and to turn the vehicle off. In doing so, the officer observed that the client's eyes were bloodshot and glassy, his speech was slurred and he had an odor of alcoholic beverage coming from his person. The officer also observed a "nip" in the cupholder of the client's truck. When asked if he had been drinking, the client admitted that he had been. The officer asked the client to perform a series of field sobriety test, including the Alphabet Test, the One Leg Stand and the Nine Step Walk and Turn. The officer determined that the client had failed each of the tests and placed him under arrest for OUI. Pursuant to an inventory search, the police located a nip and an empty Budweiser bottle. At trial, through cross examination of the arresting officer and argument before the judge, Attorney Higgins was able to achieve a "Not Guilty" verdict for the client. This outcome was crucial to the client's ability to maintain his job, as the client holds a Commercial Driver's License.
DUI and DWI
Newburyport District Court - Commonwealth v. J.F.
Jun 22, 2015
OUTCOME: Not Guilty
State Trooper observed client traveling at approximately 85 mph on Interstate 495 in Merrimack. As the Trooper was clocking the client's speed, he observed the client's vehicle travel over the fog lin...e and rumble strip. The client took the off ramp at approximately 61 mph, when the speed limit for the ramp is 25 mph. The Trooper testified that the client had to brake extremely hard to negotiate the left turn at the end of the ramp. The Trooper then observed a marked lanes violation on Broad Street, prompting him to stop the client. The client's eyes appeared bloodshot and glassy, his speech was slurred, and there was a strong odor of an alcoholic beverage coming from his breath. The Trooper testified that the client stumped and had to use the vehicle to regain his balance. When initially asked how much alcohol he drank, the client stated "Not that much," but later told the Trooper that he hadn't been drinking. At one point the client admitted to drinking 2-3 beers. The Trooper administered a field sobriety test and formed the opinion that the client was "obviously intoxicated." Through cross-examination and the introduction of medical records, Attorney Higgins was able to prevent the government from satisfying their burden of proof, resulting in a Not Guilty verdict.
