Lincoln Police Officers observed client traveling between 40 and 60+ mph on Route 2 West shortly after 2 a.m. They observed the client weave within the passing lane, cross over into the travel lane an...d jerk the vehicle back into the passing lane. After pulling the client over, the officer, a high-ranking member of the police department with over 20 years of experience, detected a strong odor of alcohol, observed the client's eyes to be red and glassy and her speech intermittently slurred. After administering 5 field sobriety tests (Walk and Turn, One Leg Stand, Finger to Nose, Alphabet and Counting Backwards), during which the client appeared unsteady on her feet and was swaying side to side, the officer placed her under arrest of OUI-2nd Offense.
DUI and DWI
Falmouth District Court - Commonwealth v. F.L.
Jun 10, 2015
OUTCOME: Dismissed
Massachusetts State Trooper observed client's vehicle weaving between lanes while traveling on Scenic Highway along the Cape Cod Canal. When the Trooper pulled the client over he detected an overwhelm...ing odor of freshly burnt marijuana. Client admitted to smoking marijuana prior to driving. After conducting an investigation, the Trooper determined that the client was operating under the influence of marijuana and charged him with OUI-Drugs.
Criminal defense
Quincy District Court - Commonwealth v. C.G.
Apr 30, 2015
OUTCOME: Dismissed
Client charged with Operating After License Suspended for OUI---a charge that comes with a minimum mandatory jail sentence of 60 days. The client's license was, and is, suspended for life as a result ...of an OUI conviction. The Commonwealth alleged that the client was the operator of a vehicle that was involved in a 2-car crash in Quincy. The client was also charged with Leaving the Scene of Property Damage. Prior to trial, Attorney Higgins filed a series of Motions In Limine---requests that the judge exclude certain pieces of evidence. Following a hearing on those motions, the Commonwealth was unable to proceed on the charges, resulting in a dismissal of all counts.
DUI and DWI
Malden District Court - Commonwealth v. L.M.
Apr 23, 2015
OUTCOME: Not Guilty
3rd Offense OUI---Malden Police were dispatched to the scene of a two-car accident. Upon arrival, the arresting officer observed a Toyota Scion with its front end pushed up against a tree. There was ...extensive damage to the vehicle's rear. In fact, the driver's side rear tire was snapped off the axle. Down the street the officer observed a Mazda 3 parked in the middle of the road. The Mazda had significant damage to its front. It was clear that the Mazda had collided with the Scion. Both vehicles were unoccupied. The officer, a Captain on the police force, testified that he observed the client walking in the street towards the scene. He stated that the client was walking with a stutter step, that she had bloodshot/glassy eyes, slurred speech, and an odor of alcohol coming from her person. When asked how much she had to drink, the client stated "enough to get me drunk." When asked where her car was, the client pointed to the Mazda 3. The client refused field sobriety tests and was placed under arrest. At the station, when the client was asked how she was doing, she stated "I'm great, I'm drunk." During the booking procedure, the police located a set of keys in the client's possession. At trial, Attorney Higgins was able to establish that the Commonwealth had not satisfied their burden of proof with respect to the element of "operation" ---a necessary element to convict on an OUI charge. Attorney Higgins, through cross examination, established that the evidence never placed the client in the car, that there was no first-hand observation of the accident, and that there was no evidence that the keys located on the client's person belonged to either of the cars involved in the accident. Further, while the client admitted that the Mazda 3 was her car, there was no evidence that the client admitted that she was the one driving the car. Following a jury-waived trial, the judge found the client Not Guilty, sparing her a felony conviction and a minimum mandatory jail sentence of 150 days.
DUI and DWI
Hingham District Court - Commonwealth v. S.R.
Apr 13, 2015
OUTCOME: Dismissed
Scituate Police received a 911 call reporting an erratic operator. An officer on duty observed the subject vehicle and witnessed it cross into the oncoming traffic. The vehicle was traveling approxim...ately 15 mph below the speed limit. The officer activated his cruiser's blue lights and signaled the operator to stop. When the officer approached the vehicle, he observed our client as the operator. The officer noted that the client's eyes were half open and glassy, the she appeared confused, and that her speech was slow and drawn out. As the conversation continued, the officer observed the client begin to nod off. When the officer asked the client if she had taken any medication, the client indicated that she had and that she might have taken too much. The officer formed the opinion that the client was operating under the influence of drugs. A subsequent search revealed that the client was in possession of a suboxone pill, abilify, and lyrica. In a pre-trial motion, Attorney Higgins was able to obtain an order from the court that precluded the Commonwealth from offering testimony as to the element of "under the influence", a necessary element to prove a charge of OUI Drugs. This order resulted in the charge being dismissed.
DUI and DWI
Fall River District Court - Commonwealth v. D.A.
Mar 30, 2015
OUTCOME: Not Guilty
Two Swansea police officers testified that their attention was initially drawn to the client's truck when they heard the revving of its engine. The officers explained that they observed the client cro...ss into the breakdown lane and pass another vehicle on the right. This occurred on Wilbur Avenue, which has one lane of travel in each direction. The officers testified that the client then accelerated to 50 mph in a 35 mph zone, quickly catching up to the next vehicle on the roadway. The officers then observed the client slam on the brakes to avoid hitting that vehicle. When the officers activated their cruiser's blue lights, the client did not stop right away. Instead, he turned onto another road and finally came to a stop hundreds of yards later. The client informed the officers that he was suffering from an anxiety attack and was on his way to pick up his medication. While speaking with the client, the arresting officer observed the client's eyes to be bloodshot and glossy, and his speech to be slurred. The officer also detected a strong odor of alcoholic beverage coming from the client's breath. The arresting officer testified that he observed the client attempt to hide two empty Bud Light cans that were sitting on the front passenger seat. The client was asked to perform the Alphabet Test, the Counting Backwards Test, the One Leg Stand and the Nine Step Walk and Turn. The officer determined that the client failed all four tests and placed the client under arrest for OUI. Following the arrest, the officers located over 30 empty Bud Light cans in the truck. Prior to trial, Attorney Higgins was able to obtain an order from the court excluding the empty Bud Lights from evidence. After that order, the case was tried before a jury in Fall River District Court. Through cross examination of both officers, Attorney Higgins was able to convince the jury beyond a reasonable doubt that the client was Not Guilty of OUI.
DUI and DWI
Falmouth District Court - Commonwealth v. T.F.
Mar 16, 2015
OUTCOME: Not Guilty
Client was observed by State Trooper racing her friend on Route 28 South near the Otis Rotary. The Trooper testified both vehicles weaved through traffic in the rotary at close to 90 miles per hour. ...After the rotary, the Trooper testified that he clocked the client's vehicle at 110 miles per hour. The Trooper stopped both vehicles. When the Trooper spoke with the client he detected an odor of alcohol and observed that the client's eyes appeared bloodshot and glassy. When asked if she had consumed any alcohol, the client admitted to drinking. The client was then asked to exit her vehicle to perform field sobriety tests. The Trooper testified that when she exited the vehicle she had difficulty maintaining her balance and appeared unsteady. After performing two field sobriety tests and registering a .116 on the Portable Breath Test, the client was placed under arrest for OUI. During an inventory search of her vehicle, the Trooper located a 12 pack of beer with 11 of the bottles missing. After trial, client found Not Guilty of OUI.
DUI and DWI
Worcester District Court - Commonwealth v. B.C.
Mar 11, 2015
OUTCOME: Not Guilty
Client sped by two Millville police officers traveling on Main Street in Millville. The officers signaled the client to pull over. When he did so, he left half of his car parked in the travel lane, d...espite there being plenty of room in the breakdown lane. When the officers approached, the client's eyes appeared bloodshot and glassy and they detected an odor of alcohol. The officers observed an empty Bud Light can, as well as a near-full Miller Light can that the client had been drinking from. The officer asked the client if he had been drinking. The client initially stated that he had consumed 3-4 beers, but later told the officer he actually had 7-8 beers. When asked to exit the vehicle, the officer testified that the client staggered as he walked and had difficulty maintaining his balance. After failing the One Leg Stand and the Nine Step Walk-and-Turn, the client was arrested and charged with OUI. At the station, the client consented to a Breath Test and produced a result of .08. At trial, Attorney Higgins, through cross-examination of the arresting officer, was able to convince the judge that not only was the client's ability to operate a motor vehicle not impaired by alcohol, but that the evidence was insufficient to show that his BAC was at or above a .08 at the time he was driving.
DUI and DWI
Wareham District Court - Commonwealth v. A.G.
Jan 26, 2015
OUTCOME: Not Guilty
Client stopped by Wareham Police after she was observed speeding and committing several marked lanes violations. The officers testified that the client smelt strongly of alcohol, her eyes appeared blo...odshot and glassy, she was unsteady on her feet and she was slurring her speech. Both officers testified that the client was extremely uncooperative and belligerent. Following her failed performance on field sobriety tests, client was placed under arrest for OUI.
DUI and DWI
Dedham District Court - Commonwealth v. T.K.
Dec 04, 2014
OUTCOME: Not Guilty
While sitting at a traffic light, the officer observed the client travel through an intersection at a high rate of speed and slam on her brakes. Fearful that the client was not going to stop in time t...o avoid an accident, the officer proceeded in that direction, but lost sight of the client's vehicle when the client executed an illegal turn. The officer re-acquired visual of the client and attempted to initiate a stop. The officer testified that the client did not stop right away and when she did, it was as though the vehicle was thrown into park while still moving. The officer testified that the client had difficulty locating her license and registration, admitted to consuming two glasses of wine, appeared to have bloodshot/glassy eyes, and was visibly upset. The officer testified that the client was unable to count backwards as instructed, failed the 9-Step Walk and Turn, and failed the 1-Leg Stand. Through cross examination of the officer and the introduction of the client's medical records showing a problematic ankle, Attorney Higgins convinced the jury that the client was Not Guilty.
