Case Results » Drunk Driving, OUI Penalties

The prosecution alleged that in December of last year, our client was operating a car in a grossly negligent manner while under the influence of alcohol. The evidence showed that our client drove his car into the woods, striking a tree and injuring the passenger, his best friend. Police officers reported that our client was unsteady on his feet, that his breath smelled of alcohol and that he need to use the guardrail to support himself. Video evidence showed otherwise. Nevertheless, our client was charged with OUI under G.L. c. 90 section 24, negligent operation of a motor vehicle, also a violation of G.L. c. 90 section 24 and OUI with serious bodily injury under G.L. c. 90 section 24L. This last charge carries a mandatory minimum 6 month jail sentence. Today, Attorney Neyman was able to get all charges dismissed. 

Read More in Motor Vehicle Crimes

Newburyport District Court: The prosecution alleged that on July 19, 2013 a Massachusetts State Trooper was driving on Route 495 when he observed a car being driven by the defendant straddling lane lines and swerving. The office stopped the car and detected a strong odor of alcohol coming from the interior. The operator was unable to account for the erratic driving and admitted to drinking. She performed field sobriety tests that the officer claimed she failed. She then took a breathalyzer test and blew a .18. she further admitted to smoking marijuana. The case was continued without a finding pursuant to the 24D program. Once the client satisfies the probationary terms the matter will be dismissed. Her operating privileges have been restored.

Boston Municipal Court: The prosecution alleged that at 2:15 a.m. Boston Police Officers observed a motor vehicle fail to stop at a red light at the Charles Street Circle. Officers followed the car outbound onto Storrow Drive and effectuated a stop of the car. The police immediately smelled a strong odor of alcohol coming from the interior of the car and from the operator's breath. The operator then failed various Field Sobriety Tests that were administered. A breathalyzer reading showed a .10. Today Attorney Neyman was able to get all charges dismissed.

Lynn District Court: The prosecution contended that on January 3, 2011 our client, a career military woman was operating a motor vehicle while under the influence of alcohol. She had a previous conviction for the same offense. It was alleged that a state trooper observed the defendant traveling on Route 1 northbound, driving erratically and at an alarmingly slow rate of speed. The officer pulled her over and claimed that while doing so her car hit a curb. She smelled like alcohol and was unsteady on her feet. She failed several field sobriety tests. He further claimed that she was so intoxicated that when she got out of the car she left it in gear and it started to move forward on its own. Attorney Neyman tried the case to a jury. The woman was found not guilty on all counts.

Haverhill District Court: The defendant in this case was a high tech executive working at a large internet company in California. The prosecution alleged that on June 10, 2011, a local police department stopped the woman driving with her high beams on and without any taillights. The officer immediately detected an odor of alcohol and observed the woman's eyes to be bloodshot and glassy. She admitted to having been at her class reunion and to have been drinking. She failed three out of four field sobriety tests. A portable breathalyzer test resulted in a .095 reading. She was charged with OUI. The woman retained Attorney Stephen Neyman to defend her. The case was scheduled for trial today. Our office was able to get the case dismissed.