Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense Lawyers
OUI - DUI - DWI Attorneys Only
James Dunn, Esq.
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OUI Wins in Massachusetts Despite Accident

HIt Pole,
Knocked Out Power
to Whole Town
Not Guilty

Call Ryan:
508-837-4593

Ryan's Case

Ryan hit a utility pole and knocked out power to the whole town. When cops arrived, he told them he had 4 beers, the last one just an hour ago and nothing to eat all day. I immediately drafted and submtted a Motion to Preserve his booking video. It showed him standing and walking perfectly normally. The jury found reasonable doubt and acquitted him of 2nd offense OUI.

'I felt well represented from jury selection to Joe's impressive closing argument.'

Fall River District Court


Clients You Can Call
Whose Accident Cases We Won:

CHARGES DROPPED
OUI-DRUGS - 3RD OFFENSE


RICK 978-397-5543
I admitted to the police that I had taken three drugs. They also had a 45-minute video of a drug expert testing me and they had a lab test showing the same three drugs I admitted to. Joe didn't sugar-coat anything or make any promises, but he saved my life! Before hiring him, I checked with other lawyers and even some detective friends - he is highly respected by his peers. He was an artist in court. First, he won a motion to get all my incriminating statements thrown out because my Miranda form was wrong. Then he was able to get my lab test thrown out. The DA had no evidence left so they dropped all charges.
'It was unbelievable what Joe did for me in that courtroom.'

Woburn District Court

 

BAD ACCIDENT
'ALL OVER ROAD'
NOT GUILTY


Ms. S 978-471-0087

Civilian caller reported Ms. S was "all over the road" and then accelerated head on into a telephone pole. Officers testified she had a strong odor of alcohol; slurred speech; and glassy, bloodshot eyes. I subpoenaed the hospital records and at trial showed the judge that there were no such notations in the records. Doctor actually noted her "speech was normal." Not guilty.

 

NOT GUILTY
FAILED BREATH TEST .15
BAD ACCIDENT- 2ND OFFENSE


CARLOS 617-642-7062

Totaled my car and the one I hit. Then failed the roadside tests and blew almost double the legal limit of the breath test. Joe and James immediately filed a motion to get the booking video. That helped convince the judge to throw out the breath test because it was done incorrectly. Then, at trial, the judge agreed that because of my "excellent appearance" on the video there was reasonable doubt and found me not guilty!

'Both Joe and James were excellent professionals throughout.'

Lynn District Court

 

CAR TOTALED
NOT GUILTY - LICENSE RESTORED


TAMMY 774-291-0858

Tammy had been in a bad accident and wrecked her car. I wrote her several reports convincing her, nonetheless, that she still had a winnable case. At trial, two officers swore she was under the influence of alcohol but I stressed to the judge she did more things right than she did wrong. After the acquittal, the judge restored her license.

 

ACCIDENT

If you were taken to a hospital and not arrested, you may receive a summons in the mail. If the police gave you a citation, you have only four calendar days to request a clerk’s hearing. Follow the instructions on the back of the citation.

The chief issue becomes whether blood was taken at the hospital. If you were there overnight, it very likely was. However, all is not lost. That doesn’t mean that a district attorney will jump through all the legal hoops required to obtain that blood result. If you were in the hospital for only an hour or two, blood may not have been taken. Police are not allowed to order medical personnel to take your blood in Massachusetts.

If you were taken to a hospital and were arrested afterwards, we need to investigate whether a booking video was made. A booking video is usually an OUI defendant's best friend. Most people have sobered up considerably by the time they reach the booking calendar. However, you must move quickly and present a proper written motion to prevent that video from being destroyed.

MEDICAL RECORDS

Often a medical record can be helpful in your defense. It may show that you suffered a concussion or other injuries which may explain your appearance or inability to do field sobriety tests. It is crucial that your attorney obtain these records before the prosecutor does.

LEAVING THE SCENE

This is a criminal charge and not a traffic infraction. It carries a jail sentence of up to two years, a 60- to 70-day loss of license during which time no hardship license is possible and typically about $450 in various fines or fees.