Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense Lawyers
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OUI Wins in Massachusetts Despite Blood Test


FAILED BLOOD TEST
NOT GUILTY ALL 4 CHARGES


RUSS 781-502-5945

Russ crashed into the rear of a tractor-trailer. He was taken to the emergency room where his blood was taken. It measured well over the legal limit of .08. He also admitted he had been drinking. At trial, I kept the serum alcohol test out of evidence. I also argued that although the officer had recorded the contact info of the other driver, the DA did not bother to summons him. Accordingly, the court heard absolutely no evidence how the accident happened. We beat all four charges:

OUI-2ND: NOT GUILTY
 
NEGLIGENT OPERATION: NOT GUILTY
SPEEDING: NOT RESPONSIBLE
FOLLOWING TOO CLOSELY: NOT RESPONSIBLE

Framingham District Court




.25 BLOOD TEST
NOT GUILTY 3RD OFFENSE


DAVID 857-222-7000

David ended up on the rear lawn of a private house after driving through the front fence. He was taken to the hospital, where his blood was drawn and his alcohol level measured over three times the legal limit. At a pretrial suppression hearing, the judge allowed my motion to exclude the blood test. We now had a fighting chance at trial. On the day of trial, another judge allowed my motion to exclude all the medical records when I showed that the DA had not complied with the strictures regarding their admissibility. The jury found him not guilty of OUI in less than one hour.

'The jury was out less than one hour.'

Waltham District Court 
 Newton District Court trial



OVER LIMIT BLOOD TEST
NOT GUILTY DESPITE ACCIDENT


Client was taken to the hospital after a bad accident where his blood was drawn as was that hospital's standard procedure. His blood test was over the legal limit. He also had told the officer he was drinking a beer at the very moment the accident happened. After my pretrial motion to suppress evidence, the incriminating statement about the beer was thrown out. On the day of trial, I successfully managed to get the blood test excluded as well. He was found not guilty of the OUI and not responsible of the open container charge.

Salem District Court