Attorney James M. Milligan Jr.'s Legal Cases

DUI and DWI

Commonwealth v. R.L. (Lynn District Court)

Jan 14, 2011

OUTCOME: Not Guilty

Client was stopped by a Massachusetts State Trooper for marked lanes violation. The trooper asked for his license and registration. The Trooper observed an odor coming from client’s breath, his eyes ... were bloodshot and glassy and his speech was slurred. Trooper asked the client to exit his truck and perform field sobriety tests, the one legged stand and the 9 step walk and turn. The client did not perform well on the one legged stand but performed real well on the 9 step walk and turn. After cross examination, it was revealed that the client performed many other tasks without any difficulty like producing his license and registration, exiting his motor vehicle fine and balancing and walking fine at all other points during the investigation. Client was also very cooperative with the police and answered all of their questions at booking with no problems.

DUI and DWI

Commonwealth v. P.H (Plymouth District Court)

Jan 05, 2011

OUTCOME: Not Guilty

Client was involved in a motor vehicle accident in Kingston, Massachusetts. Police arrived and found the client outside of his motor vehicle with a female. Client was bleeding from his head. Client ... denied he was driving the motor vehicle although the female told the police that the client was driving. Client was not arrested and was transported to the hospital where blood was drawn for medical purposes. It yielded an alcohol content well above the legal limit.

DUI and DWI

Commonwealth v. E.D – Quincy District Court

Aug 31, 2010

OUTCOME: Not Guilty

Weymouth police responded to a call alleging the client left the scene of an accident. Witnesses observed the client’s vehicle scrape the other vehicle at the restaurant and got the registration of th ... e motor vehicle. The client lived just around the corner from the restaurant. They knocked on the door and his wife let the Weymouth Police into the home. They engaged the client in conversation noticing an odor of alcohol and problems with his speech. The Weymouth Police asked the client to perform Field Sobriety Tests in his pajamas and slippers and it was extremely cold outside. Also, the client showed concern that his son was watching him perform the tests. The client had witnesses to confirm his whereabouts the entire day and how much alcohol he consumed. All of them testified on the client’s behalf and contributed to the Not Guilty finding.

DUI and DWI

Commonwealth v. R.L. (Lynn District Court)

N/A

OUTCOME: Not Guilty

Client stopped for speeding during a winter storm. Plympton police Roadway was snow covered and slick strong odor eyes glassy and bloodshot admission to drinking finger to nose exited vehicle slowly ... , one leg stand and walk and turn did not complete, refused BT. Trial snow conditions were an issue casting doubt on validity of tests and the passenger girlfriend was sober and testified on his behalf that he was not impaired by alcohol.

DUI and DWI

Commonwealth v. S.Y. – Wrentham Distric Court

N/A

OUTCOME: Not Guilty

Client stopped for speeding 71 in a 50. Pulled over with no problems. Produced his license and registration with no problems. Client admitted to consuming 8 beers, ut the officer did not ask over wh ... at time period he had consumed those beers. Client asked to step from car and di so without any issues with balance. Client was administered 4 field sobriety tests, however othe Horizontal Gaze Nystagmus (HGN) test was excluded prior to trial. Other tests included the One legged Stand, the Finger to Nose Test and a 9 Step Walk and Turn. Client could not get through One leg stand without putting foot down on 2 occasions, client did ok on Finger to Nose touching his nose with the middle of his finger not the tip of his finger as instructed and on the walk and turn test he completed 17 out of the 18 steps as instructed.

James M. Milligan Jr.'s Legal Cases (5)

Commonwealth v. R.L. (Lynn District Court)

Commonwealth v. P.H (Plymouth District Court)

Commonwealth v. E.D – Quincy District Court

Commonwealth v. R.L. (Lynn District Court)

Commonwealth v. S.Y. – Wrentham Distric Court