Joseph Waldbaum, Esq. Massachusetts Drunk Driving Defense Lawyers
OUI - DUI - DWI Attorneys Only
James Dunn, Esq.
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Failed Breath Tests Wins

3 Times Limit

Not Guilty 2nd OUI

Call Mr C:
508.523.8185

Mr. C's Case

I don't know how, but first he got my .22 breath test thrown out (it was almost 3 times the legal limit!). Then, at trial, he had the officer admit to the many, many things I did right and didn't let him focus on what I did wrong.

'After Joe's closing argument, even I would have voted not guilty!'

Westborough District Court


More Clients You Can Call
Whose Failed Breath Test Cases We Have Won:

FAILED BREATH TEST .13
NOT GUILTY
OUI-2ND


STEPHEN 901-351-5486

Client was stopped for driving over the center line. Gave cop a receipt instead of license. Then failed one leg stand balancing test and had slurred speech reciting the alphabet. Failed the breath test at the station with a .13. First, we successfully negotiated with the DA to not use the breath test at trial. Then we obtained the booking video that showed him walking and talking perfectly normally, creating reasonable doubt. Not guilty.

CLIENT'S LETTER:

I thank you and James for all your hard work. Joe is totally no nonsense and tells you the exact truth. If an attorney tells you he can absolutely win your case, do not waste your time. Call Joe. He has fair rates and is the only lawyer I know of that has a payment plan that will not make you feel you have been raked over the coals. Incredible professionalism. They have a saying, "Don't look back...you're not going that way." Best piece of advice you'll ever get.

'I placed my trust in them and you should too.'

With sincere admiration, Stephen Jackson

Concord District Court 4/18/19

 

NOT GUILTY
FAILED BREATH TEST


KELLY 617-827-1974

Other driver said client was "all over the road." Cops stopped her and noticed "strong" odor of alcohol, slurred speech, and glassy, bloodshot eyes. Then cop testified she failed all roadside tests. We immediately filed a motion to preserve all videos. At trial, we showed the dash cam video proving she had no trouble driving in her lane and pulled over safely. The video also showed that she quickly found and gave the cop her license and registration. Plus, she had no trouble getting out of the car and walked normally. The video also showed that the cop had her do the roadside tests barefoot in the gutter. Not guilty.

Natick-Framingham District Court

April 4, 2019

 

FAILED BREATH TEST .21
NOT GUILTY
OUI-2ND


SEAN 857-249-2130
Two cops said I was speeding on a curving road. After they stopped me, they said there was a "strong" odor of alcohol, I had slurred speech, and couldn't finish the alphabet. Joe argued that although this was well past 1AM, when no one is at their mental or physical best, I didn't make any lanes violations, that I stopped promptly when cops turned on their blue lights, and I was always cooperative. Result: Not guilty.
'I never thought they could win my case.
Two extremely professional lawyers.'

 

FAILED BREATH TEST .12
NOT GUILTY


CHRIS 413-244-9733

Attorney Dunn's professionalism reassured me from the beginning. First he got the DA to agree not to use the breath test at trial. Then he caught the cop in two lies - the jury was stunned and found me not guilty of OUI and driving recklessly. I highly recommend them.

"Attorney Dunn kept me at ease throughout everything. <br> I

couldn't ask for a better result."

Springfield District Court

 

FAILED BREATH TEST .16
NOT GUILTY OUI-2ND
NOT GUILTY NEGLIGENT OPERATION


LIAM 857-939-9076

Officer said client drifted over the line and nearly hit his cruiser. After stopping, he said client had slurred speech, and glassy, bloodshot eyes. He also said client couldn't recite the alphabet and was swaying.

At trial, I showed the booking photo and video. Although Liam was wearing flip-flops, he had no trouble getting out of the police cruiser with his hands cuffed behind his back. The judge agreed that the video showed reasonable doubt. Not guilty.

'Both these guys are consummate professionals.'

Hingham District Court

 

As a result of the years-long litigation that the OUI defense bar brought against the state of Massachusetts, no breath tests have been admissible in court since October 2017. The judge in that litigation found that the Alcotest machines in use in Massachusetts are simply not scientifically reliable. The head of the Massachusetts Office of Alcohol Testing was fired for withholding evidence from defense attorneys.

Although little known, the Massachusetts Office of Alcohol Testing was never accredited by any national forensic crime laboratory accrediting agency. Until such time as such national accreditation is achieved here in Massachusetts, no further tests breath tests will be admitted.

Thus, if you’ve taken the breath test at the station and failed it, you can get your license back in 30 days and the result will be inadmissible against you at trial. This, of course, gives you a fighting chance at winning your case.

Contact us for free consultation immediately.

NOTE: The roadside breath test using a hand held breathalyzer has always been inadmissible at trial in MA.