Lynn District Court: CASE DISMISSED
A client faced an operating under the influence of drugs charge, second offense. I found the one and only Massachusetts case correctly addressing the crucial, complex pharmacological issue. When I presented it to the Judge, the case was thrown out of Court.
Framingham District Court: IN 15 MINUTES, JURY FINDS 2ND OFFENDER NEVER ?OPERATED? CAR
My client?s girlfriend had been driving the truck and got out after an argument, leaving it in the middle of the road. My client moved over to the driver?s seat and promptly fell asleep. On cross examination, I made all 3 officers admit they never actually saw him drive. The Judge had read the police report and said the case was ?not triable? due to my client?s extreme intoxication. The jury didn?t agree: they acquitted him after deliberating less than 15 minutes
Marlborough District Court: MOTION TO SUPPRESS ALL EVIDENCE GRANTED
Westborough Police radioed that my client was driving into Marlborough possibly intoxicated. A Marlborough cop received the call, followed my client?s car 1/4 mile, then stopped and arrested him. At my Motion to Suppress, I cross examined the officer who admitted my client had not committed a single traffic infraction, had signaled a turn properly and shown no evidence of erratic driving whatever. The (prosecution oriented) Judge suppressed the entire motor vehicle stop and all evidence obtained thereafter including three field sobriety tests, observations of the officer and all statements my client made ? in other words: their entire case.
Gloucester District Court ALCOHOL AND DRUG CHARGES DISMISSED
My 18 year old client was charged with possession of an open container of alcohol and pot on the passenger side of her car under her boyfriend?s seat. I went sidebar with the Judge at arraignment and detailed her bad choice in boyfriends. The Judge agreed with me saying he?d recently sent her boyfriend to jail. He dismissed both criminal charges, saving her a 15 month license loss and a criminal record.
REGISTRY HEARINGS BREATHALYZER REFUSAL OVERTURNED
An out of state resident volunteered to take the Breathalyzer but, due to her asthma, could not produce enough air to get a reading. The police called it a refusal, resulting in a 180 day suspension in Mass. (and an even longer one in her home state). I asked her doctor to write a letter, presented it with my 10-page petition to the RMV and, after a 30 second Hearing, her right to drive was reinstated. WORK LICENSE GRANTED FOR 2nd OFFENDER
My client needed a "Hardship License" for work and had tried, unsuccessfully, to obtain one by representing himself first before the Registry and then the Board of Appeals. After he retained me, I organized all the required documents into one easy-to-read Memorandum addressing sequentially each of the nine points I know the Registry will scrutinize. When the Hearing Officer saw it, he said, "If everyone did this, it would make my job much easier." He then granted my client's work license.
APPEALS COURTS
Massachusetts Appeals Court: OUI CONVICTION REVERSED (Reported in Mass. Lawyers Weekly)
In a case originally tried by another attorney, I prepared an appellate brief. I argued that my client was denied an otherwise substantial available ground of defense when the trial attorney failed to object to hearsay evidence concerning the operation of the car. The conviction was reversed on my brief alone.
Federal Court of Appeals (Puerto Rico): 25 YEAR SENTENCE OVERTURNED
In a federal drug case involving seventeen defendants and twenty one days of trial, my client had received a 25 year sentence as a 'kingpin.' Representing him on appeal, we argued that the Spanish transcripts of tapped telephone conversations had never been translated into English and were thus unreviewable by the English language appellate Courts. Result: 25 year sentence vacated. |