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At trial, although the trooper testified my client  appeared "out of it" and moved as if "underwater," we stressed his ability to produce his license and registration with no difficulty menat his fine motor skills were perfectly normal. Also, that his ability to do well on at least some of the field sobriety tests meant reasonable doubt. Judge agreed and then rerstored his license.

See judge's order restoring license

Civlian called police to report that client backed out of driveway swerving and appeared to be drunk. At trial, cop testified Scott had a strong odor of alcohol, bloodshot and glassy eyes and was unsteady on his feet.  I stressed that he pulled over promptly and safely, was able to produce both his license and registration quickly and without difficulty, and that any unsteadiness getting out of the car was due to being asked to walk towards the cruiser's headlights and flashing "takedown" lights which -- as I got the cop to admit on the stand during trial -- were still on !!  Judge found reasonable doubt and immeidately restored his licnse.  

See judge's order restoring license.

RI driver arrested for 2nd OUI lost his right to drive in MA for three full years for refusing breath test. I guided him through the complex process of fighting this at the MA RMV (which must be done within 15 calendar days of the arrest). I then appealed their denial to a judge who reinstated his license so he could drive to court legally while the case worked its way towards trial over one year. For trial, I had requested the booking video preserved. There, I showed the jury he was able to walk perfectly normally over to the phone on the wall and dial it with no difficulty whatever graphically demonstrating both his gross and fine motor skills were perfectly intact. Not guilty in 15 minutes.

See judge's order restoring license.

'I'd been involved with the court system before and had many lawyers. Most of them did nothing for me.  I heard many good stories about what Joe did for other clients and so had lots of faith in him.  He's the best lawyer I ever dealt with.  He kept me informed, checked in with me regularly and knew exactly what he was doing at all times. It couldn't have worked out better. He even waived my last payment so I could go out with my friends and celebrate. Very nice guy.' 

Joe represented me in '06 charged with my 3rd DUI and got me acquitted despite the testimony of 2 witnesses. Then he convinced the judge to restore my license despite the years long suspension for refusing the breath test. In 2013, I was arrested again and took the breath test but blew a .15--almost twice the legal limit. He got the breath test thrown out at a Motion to Suppress Evidence. At trial,  the cop swore I failed all the field tests but Joe convinced the jury to disregard them since they were done at 3 AM while facing the flashing lights of two police cars.

I have used a lot of lawyers and most of them did nothing to help me. I read all the stories about attorney Waldbaum on his site so I trusted him. Basically, he's the best lawyer I ever worked with. He emailed me multiple letters analyzing my case and obviously knew what he was doing every step of the way. I was found not guilty after a full trial. I couldn't have asked for more from a lawyer.

Worcester District Court

A Massachusetts state trooper measured my under-21 client driving over 100 mph. After being pulled over, he told the officer he had just come from a bar and had three drinks within the past hour. The officer asked him to get out of the car and noted in his report that he was unsteady on his feet as he did so. He was also unsteady performing three field tests. He was argumentative and uncooperative as well. At our bench trial, I convinced the judge that the lateness of the hour—it was past 2 a.m.—as well as other factors explained his behavior and created the necessary reasonable doubt. The judge gave him a lecture about speeding but found him not guilty of drunk driving.

Worcester District Court

We guided a Rhode Island driver through the complicated process of fighting his 3 year suspension for refusing the breath test in Massachusetts. We then appealed the Massachusetts RMV's decision in front of a judge and won the reinstatement of his license. He was then able to drive legally while the court case worked its way to trial.

At trial, we used the booking video to show the jury that he walked perfectly normal and handled small items, like his cell phone, perfectly normally. This convinced the jury that his balance and dexterity were perfectly normal. The jury voted not guilty in only 15 minutes.

Uxbridge District Court

Worcester District Court trial

A second offender refused the breath test and the RMV suspended him for 3 years. After an RMV Hearing, we then appealed to a District Court Judge using reasoning based on a recent Superior Court decision. The Judge agreed with my argument, finding that the RMV had ‘exceeded its statutory and constitutional authority.’

My client was stopped for a lanes violation and admitted to drinking wine. When asked to walk a straight line heel to toe, he said, "I can’t do that test when I'm sober." At Trial, I presented the booking video, showing him standing in front of the desk for a full ten minutes without swaying. I argued that created the required reasonable doubt. The Judge agreed and we beat a DWI.

Client was facing his third offense, a mandatory jail sentence of six months to two and one half years plus a five year refusal suspension. After considerable effort during discovery, I obtained the booking video from the Police Department. At trial, I was able to show the Judge how he was able to remove his belt and jewelry with no problems, thus showing he retained fine motor skills and there were no signs of swaying or unsteadiness during the 30 minute video. I argued this created the requisite reasonable doubt. The Judge agreed. Then, at a subsequent Hearing, the judge ordered his license fully restored.

A civilian cell phone caller testified that my client had twice crossed into the opposite lane completely. He was charged with his 3rd offense and faced a mandatory jail sentence of six months up to two and one half years. I made a copy of the videotape of his booking procedure and produced it at Trial. For 28 minutes, it showed no unsteadiness on his feet or other signs of intoxication. I argued to the Judge this created the required "reasonable doubt" despite the testimony of the two witnesses.

Trooper saw client speeding over 100 mph and stopped him. Underage driver admitted to coming from a bar and consuming three drinks in the past hour. Plus, he was unsteady exiting the car, performing the field tests and was surly and uncooperative with officer. I convinced the Judge the late hour [2 AM] and other conditions explained his behavior and created reasonable doubt. The Judge agreed.

"My husband was stopped for his 2nd offense, refused the breathalyzer and automatically suffered a three year refusal suspension. Mr. Waldbaum worked tirelessly. He went to Court, filed and argued Motions, gave us expert advice, visited the scene of the arrest himself, took photos and shot a video. All this resulted in a "not guilty." My husband's license was fully reinstated. We now have our life back. Thank you again, Joe."

"Your excellent knowledge of the Mass. DUI law and astute and subjective knowledge of the county judicial system was what worked to protect me and defend my case. I believe without your direct involvement, my case would not have turned out as favorably."

                                        Sincerely and with much gratitude,   Thomas