Worcester County DUI OUI Convictions from 2011 -2018 Overturned

Worcester District Attorney will be sending more than 4,700 letters to Worcester County residents who may be entitled to a new trial after the results of breath tests used in their drunken driving (DUI OUI) cases between the years 2011 and 2018 were deemed unreliable. Anyone who receives this letter should consult a lawyer to help them decide how best to proceed. The letter contains details about the collateral damage that a guilty finding might

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Differences Between a Criminal Case and a Civil Case

Wrongdoing is addressed under two different types of cases: criminal and civil. Civil cases generally involve disputes between individuals. These cases are disputed through civil lawsuits. Criminal cases, on the other hand, are considered offenses against the state, or society as a whole. The state is responsible for prosecuting criminal cases. While there may be some overlap between civil and criminal cases, an important distinction between them are the legal standards of proof. In every

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What to do when your ex refuses to comply with your parenting schedule?

Once you’ve completed the process of going through a divorce, settling on child support, and agreeing to a parenting schedule, you’d think you can finally move forward and start your new life. Unfortunately, this isn’t always the case. When you’re facing the frustrating reality that your ex simply won’t comply with your legally binding agreements, whether that be alimony payments or a parenting schedule, you have options. Massachusetts residents can file a complaint for contempt

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If You’ve Been Injured, Document Every Detail

When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical

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How much time do I have to file a personal injury case in Massachusetts?

The timeframe in which you have to file your lawsuit is called the statute of limitations. Each state sets its own laws and regulations regarding time limits to file various claims. The majority of personal injury cases in Massachusetts have a statute of limitations of three years. The statute of limitations begins on the date in which the personal injury incident occurs. Therefore, you generally have three years from this date to start your lawsuit.

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Liability And Wrongful Death With Covid-19

In Massachusetts, over 8, 000 people have already died from Covid-19. Along with hospitals, many of these deaths have also occurred in overcrowded, ill-prepared long-term care facilities. Despite this, many people continue to act as if there is no danger, with no regard for the deadly consequences of their actions. From inappropriate beach parties thrown by dozens or hundreds of teenagers at once, to thousands gathering to exercise their constitutional rights in protest, many Americans—and

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Charged with Operating Under the Influence

The Defendant was charged with Operating Under the Influence and a Marked Lanes Violation. The Commonwealth called one witness and the Defendant called three, including himself. The jury returned a verdict of NOT GUILTYon the OUI and the judge made a finding of NOT RESPONSIBLE on the civil infraction and ordered that the Defendant’s license be restored. The Jury deliberated for approximately twenty minutes before returning a verdict of NOT GUILTY.

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City of Worcester Seeks Injunction Against Our Client

The City of Worcester brought and action against the defendant to enforce certain provisions of the Revised Ordinances of the City of Worcester. Specifically the City sought an injunction against the defendant to replace 1370 square feet of sidewalk based on work he performed on a retaining wall which abutted the sidewalk. The trial was originally scheduled for May 28, 2007 but the City moved for a continuance to perform a survey at the property

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Indecent Assault and Battery

The Defendant was charged with 3 Separate Complaints of Indecent Assault and Battery on 3 different victims. After extensive discovery, it was revealed that one alleged victim had made certain statements that seriously questioned the credibility of the allegation and the complaint was DISMISSED. The second case was tried before a jury over two days and the Defendant was found NOT GUILTY on all counts. The third case was DISMISSED at the request of the

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Massachusetts RMV Board of Appeals

Client had lost her driver’s license for 5 years as a result of a refusal to submit to a chemical test on a second OUI Offense. Our office appealed the decision to RMV Board of Appeals and took the position that because the first OUI resulted in a continuance without a finding and not a guilty finding that the client had only one prior conviction for purpose of her license suspension and that therefore her

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Municipal Employee Charged with OUI

The Defendant was charged with OUI-Liquor OR .08%. At the time of the incident, the defendant was a municipal employee operating a town vehicle. He was involved in a single vehicle accident at 1:40 a.m. while he was on-call in the municipal truck. The truck he was operating crashed into the Jersey barriers on a major highway, causing serious damage to the vehicle. The plow hitch on the front of the truck was wedged between

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Grandmother Fights for Permanent Gaurdianship of Grandchild

This case involved competing Guardianship petitions of a 2 ½ year old boy brought by the maternal and paternal grandmothers. It was alleged by our client, the maternal grandmother, that the child’s parents were unfit because of drug use and neglect and that the paternal side of the family was unfit because of drug and alcohol issues and their inability to supervise the child’s Father. The Paternal grandmother accused the maternal grandmother of abuse of

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Breach of Contract Case

In this matter the client, the Plaintiff, alleged that his car had been stolen and involved in an accident on New Years day. The insurance company denied my client’s claim because when the motor vehicle was recovered the ignition had not been defeated nor were there any other signs of theft. My client initially gave a recorded statement in which he indicated that he did not know who took the vehicle but months later during

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OUI Drugs – Dismissed

19 year old client was arrested after travelling the wrong way on a one way street in Worcester. Officers removed him from the vehicle and asked him to perform field sobriety tests. Due to failing the tests and admitting to consuming pills, he was charged with OUI-Drugs among other motor vehicle charges. After attacking the credibility of the evidence and the credentials of the proposed drug expert, we were able to get the charge of

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Head on Collision

Client was driving with three minor children in her vehicle, two of which were her own children and also our clients, when another vehicle crossed the double line and hit her head on. The other driver was cited and charged criminally. Our clients sustained significant injuries and we were able to settle without court intervention for the full Bodily Injury and Underinsured policy limits.

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Roadblock/Sobriety Checkpoint Dismissed

A 19 year old client was travelling on Route 9 in Shrewsbury, at about midnight, when he encountered a State Police Roadblock (aka “Sobriety Checkpoint”). The police report indicated that the client had both an odor of alcohol and that he admitted to consuming alcohol that night. Our client was asked to step from his vehicle and perform field sobriety tests which the police said he failed. He was arrested for OUI and brought to

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Passenger Falls Off Motorcycle

Client was thrown off the back of a motorcycle while on a major highway near Worcester. The driver was operating the motorcycle recklessly, negligently and was further engaging in high risk behavior while passing another car that was driven by his friend travelling next to him on the highway. Our client sustained numerous, serious injuries which kept her in the hospital for over 1 month. Our client’s permanent injuries included scarring, disfigurement, loss of function

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4th Offense OUI – Not Guilty

Client was arrested and charged with a 4th Offense OUI, along with other counts, after being stopped by police at 1:00am and failing field sobriety tests. He was transported to the station where he was booked and took a breathalyzer with a result of .14 BAC which is almost double the legal limit. Client faced a prison term of up to 2 ½ years in the House of Correction as well as a lengthy loss

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Slip and Fall on Snow and Ice

Client was employed in the nursing field and she was leaving her residence at a condominium complex one winter morning. Upon arriving at her car she slipped and fell on the driveway which was not properly treated. Our client fractured her wrist and was caused to undergo multiple surgeries, physical therapy and missed time at work. We brought suit against the condominium trust as well as the contractor responsible for the snow removal. After discovery

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OUI/DUI – .13 BAC – Nolle Prossequi

Our client was approached by Troopers from the Massachusetts State Police after an argument with her ex-husband. Troopers stated she had an odor of alcohol, bloodshot and glassy eyes and failed multiple field sobriety tests. After being arrested, our client took the breath test and registered a .13 BAC. At a motion hearing, we were able to get the field sobriety tests and breath test excluded as well as all statements by our client. As

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