Case Results » DUI Defense

The defendant in this case was originally represented by another attorney. He pled guilty to OUI, G.L. c. 90 section 24 and was placed on probation with the condition that he have random tests with the SCRAM device. That condition proved onerous and interfered with nearly every aspect of the defendant's life. Accordingly, he hired our office to get that condition removed. Today we convinced the judge to relieve the defendant of the SCRAM obligation. 

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In May of this year police responded to a motor vehicle accident involving our client, an inner city school teacher. Officers detected a strong odor of alcohol on our client. She was unsteady on her feet. She failed all field sobriety tests and she blew a .17 breathalyzer. She was charged with OUI liquor in violation of G.L. c. 90 section 24. Electing not to risk a trial and looking to put this matter behind her, our client opted to have the matter continued without a finding (CWOF) under the 24D disposition. After a successful completion of probation the charges against our client will be dismissed. 

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Before we represented this individual he had been convicted of OUI under G.L. c 90 section 24. While on probation he picked up another OUI and our office was hired. His violation of probation prompted the judge to put him on the SCRAM device requiring him to provide random breath samples three time a day. After several months of successfully following the judge's order, we moved to remove that condition. The judge accepted our argument and the random breathalyzer requirement no longer exists. 

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Our client is a partner in a top CPA firm. Many years ago she was convicted of OUI under G.L. c. 90 section 24. Recently, she was involved in an accident where she flipped her car on the offramp to a local highway. The responding officers detected her being unsteady on her feet, smelling of alcohol and not clearly responsive to their questions. Body camera video supported their observations. She was charged with OUI 2nd offense. We got her a Cahill disposition meaning that this will be treated as a first offense due to the fact that the prior conviction was more than 10 years ago. 

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Our client is a federal law enforcement officer who has struggled with substance abuse issues for years. A few months ago he was driving his car around 11:00 a.m. He was operating erratically and he sideswiped several cars. The responding officers were wearing body cameras. The footage clearly displayed our client in an impaired state. He was charged with OUI drugs, a second offense under G.L. c. 90 section 24.  Because the prior offense was more than one year ago the judge, over the objection of the assistant district attorney agreed with our request that this be treated as a 1st offense. This is often referred to as a Cahill disposition. 

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On February 18, 2023 just before midnight police were called for an accident in a suburb north of Boston. The responding officers saw a car with significant front end damage sitting on a lawn in a densely populated neighborhood. The vehicle had also struck the house and damaged a utility box. Our client was outside of the car. An officer contacted him to investigate the incident. The officer observed our client unsteady on his feet with a strong odor of alcohol coming from his body. His speech was slurred and his responses to questioning were delayed. Several field sobriety tests were administered, the horizontal gaze nystagmus HGN, walk and turn and one legged stand. The officer reported that our client failed each test. He also admitted to drinking 4 beers. As a result, our client was arrested and charged with OUI in violation of G.L. c. 90 section 24. Through booking videos we were able to demonstrate that the police officer lied. Our client was very responsive, very steady on his feet and speaking without slurring his words. We played this for the jury and our client was found not guilty. 

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This case result is a follow up to last week's successful motion to suppress the search and seizure on an OUI, G.L. c. 90 section 24 case. Recognizing that the district attorney would unlikely be successful in continuing to prosecute this case he alerted the judge to the fact that he was not ready for trial. As such, the case was dismissed. 

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The defendant is a professor teaching graduate students in a major top rated university. The other night he was clocked at over 100 miles per hour not long after dark. He was pulled over by state police officer. The report indicated that the man had slurred speech, an inability to process simple commands and a strong odor of alcohol coming from his breath and car. The officers administered field sobriety tests; specifically the walk and turn test, the one legged stand test and a distorted version of the alphabet test. He failed the first two and ironically passed the alphabet test which required him to say the alphabet backwards starting with the letter T until he got to E. Taking the field sobriety tests was his first mistake. Subsequently, he agreed to a breathalyzer test. He blew a .17, more than twice the legal limit. He was charged with OUI in violation of G.L. c. 90 section 24. Needing his driver's license immediately and recognizing the difficulty in winning this case, the man opted for a quick resolution wherein he can promptly resume his operating privileges. He was given a CWOF under the 24D program. He gets a hardship license later this week and full operating privileges in 45 days. 

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The defendant owns a chain of hair salons in the greater boston area. In December of 2022 she was dining at a local restaurant drinking martinis. She left to drive home. On the way she was on her cell phone. She dropped the phone between the passenger seat and the console. When she attempted to retrieve the phone she sideswiped a parked car and careened into another car. Witnesses called the police. She was observed to be unsteady on her feet. She had a strong odor of alcohol on her person. She failed certain field sobriety tests and was arrested and charged with OUI pursuant to G.L. c. 90 section 24. Not wanting to risk a trial and in need to get her driver's license back she wanted to resolve the case as soon as possible. Today, we had the charges continued without a finding (CWOF). This case will be dismissed after the completion of a course. 

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Our client owns a local business specializing in athletic venue designs. He is well renowned throughout the country. In October of last year he was golfing with several friends. After finishing a round a large group went to a local bar where they had drinks and dinner. Afterwards, the group went back to the course where the defendant had left his car. On his way home he rear ended a car. A police officer in the vicinity actually heard the crash and within seconds arrived at the scene. He observed the defendant behind the wheel of his car, airbags deployed. The defendant's speech was slurred, he had red and bloodshot eyes and he smelled of alcohol. He refused to take the breathalyzer test as well as any field sobriety tests. He was arrested and charged with OUI in violation of G.L. c. 90 section 24. Our office was hired. Today, after trial our client was found not guilty. 

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Over two years ago our client was involved in a motor vehicle accident. He was observed driving erratically, ultimately crashing into a tree alongside a busy road. The responding officer believed that our client had been drinking. Field sobriety tests were administered. Our client failed. Additionally, our client took a breathalyzer. He registered a .26, more than three times the legal limit. Our client was then arrested and charged wiht OUI under G.L. c. 90 section 24 and negligent operation, also under another section of G.L. c. 90 section 24. We succeeded in getting the breathalyzer test results excluded. Today, the day we were supposed to go to trial, the case was dismissed. 

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In June of 2020 police were dispatched to the scene of an accident. They found our client behind the wheel of a car that had hit a utility pole. He smelled like alcohol. He was unable to put together a sentence. He failed all field sobriety tests and vomited in the police car on the way to the station. He was charged with OUI in violation of G.L. c. 90 section 24. We resolved the case with a continuance without a finding (CWOF) and the 24D first offender program. 

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Our client is a partner in a large law firm that does business throughout the United States. In August of 2019, a Massachusetts State Police Officer spotted her weaving in and out of traffic on a highway on the North Shore. He followed the car for over a mile and made a stop. He claimed to have conducted several field sobriety tests all of which our client failed. The client was arrested and charged with OUI in violation of G.L. c. 90 section 24. We tried this case today before a jury. The jury came back and found our client not guilty of all charges. 

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Our client is a pharmaceutical researcher with several high level academic degrees. He had been charged previously with an OUI in the early 2000's. In March of this year he was driving after having had some drinks. He struck an unmarked police vehicle that was parked on the side of the street. Witnesses reported the accident. The police responded and learned that our client had driven the car, struck the police car and left the scene. Our client was contacted by the police. He was unsteady on his feet, smelled like alcohol and admitted to drinking beer, hitting the car and leaving the scene. He was charged with OUI, second offense G.L. c. 90 section 24 and leaving the scene of an accident in violation of another section of G.L. c. 90 section 24. Over the objection of the district attorney's office we were able to get this case reduced to a first offense OUI, called a Cahill disposition. 

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In November of 2021 police responded to a call about a distress vehicle in the breakdown lane of a major highway. Responding officers saw the vehicle with a flat tire and significantly damaged rim. All indications were that the defendant drove for a lengthy period of time on the flat tire. Officers detected the odor of alcohol on the defendant. They had him perform several field sobriety tests. The defendant failed all of them. He was arrested. During the booking process officers located some cocaine and a pipe in our client's possession. He was charged with OUI G.L. c. 90 section 24 and possession of a class B substance G.L. c. 94C section 34. We scheduled the case for trial. Discovery obligations were not met by the prosecution. Consequently, today, all charges were dismissed. 

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In September of 2019, around 1:30 in the morning a man was pulled over for driving in excess of 100 miles per hour. The officer testified that the man smelled of alcohol and admitted to drinking at a party. Several field sobriety tests were administered. Specifically, the horizontal gaze nystagmus, walk and turn and one legged stand. The man supposedly failed each test. According to the officer he asked to count in French during the one legged stand countdown, used his hands for balance on the walk and turn test and was falling significantly during the testing. He was charged with OUI, G.L. c. 90 section 24. He retained us to represent him. The case was delayed due to COVID. Just today we tried that case to a not guilty.

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In August of 2021 police in a suburban Boston city responded to a motor vehicle crash. They found the driver, the CEO of an HVAC company unconscious behind the wheel. A civilian who witnessed the incident and called the police assisted before the police arrived by administering narcan and reviving the driver. Officers believed that man overdosed. He was summonsed for OUI drugs under G.L. c. 90 section 24. Our office was able to convince the judge that the prosecution was unable to identify the drug and that the suspected drug caused the man to pass out and impaired his operation of the vehicle. Accordingly, the case was dismissed. 

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Several weeks ago police in a Boston suburb found our client slumped over the steering wheel of his car. The car was damaged and up against a tree. Witnesses reported that the man was driving erratically, seemed to be out of control and crashed the car. It was quickly determined that the man had overdosed on drugs thereby causing him to lose control of the car and crash. He was charged with OUI drugs in violation of G.L. c. 90 section 24 Over a vigorous objection citing public agreed with us that a continuance without a finding was appropriate and the 24D first offender was imposed. The case will be dismissed in one year.

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The defendant is in law enforcement. In October of 2019 he was at a restaurant that borders a highway. The restaurant is known for its bar. The man left the bar and got into his car. When he exited the parking lot he drove across several lanes of traffic. This was witnessed by someone who called 911. The caller followed the car until it pulled over. The police responded to the call and claimed that they observed the car being operated in the same manner as the 911 caller. The man was pulled over. The officer claimed to smell a strong odor of alcohol. He stated that the man was unsteady on his feet, slurring his words, glass and bloodshot eyes and unresponsive to routine questions. The officer claimed that the man refused the breathalyzer and field sobriety tests. An arrest was made and the man was charged with OUI, 2nd offense in violation of G.L. c. 90 section 24. He hired Attorney Stephen Neyman to represent him. Today, we tried the case and won. The jury returned a verdict of not guilty.

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In April of this year Massachusetts State Police in southeastern Massachusetts observed a car swerving from lane to lane. It was accelerating and slowing down in an unpredictable manner. This occurred around 4:15 a.m. The vehicle was pulled over. The operator was incoherent. He was unable to perform any field sobriety tests. He started to vomit. The man admitted to drinking "some" beers and smoking marijuana. He was arrested and charged with OUI under G.L. c. 90 Section 24. A booking video showed the defendant vomiting at the police station and unable to respond to basic questions. Our office was hired to represent him. Today, all charges were continued without a finding and will be dismissed after successful completion of the 24D program. 

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The defendant owns a chain of novelty stores in the Merrimack Valley area. Nearly two years ago he was driving in a suburban Boston city when he got into a minor accident with another vehicle. After a brief exchange of information the driver of the other car called the police. Officers arrived and found our client in the passenger seat of his vehicle with keys in the ignition and the engine running. There was vomit on the steering wheel and passenger seat. The officers spoke with our client who was incoherent, stumbling and unable to stand up for any length of time. The officers detected a strong odor of alcohol on his breath. He was arrested and charged with OUI under G.L. c. 90 section 24. He retained our office. Today he resolved the case with a continuance without a finding (CWOF) and the 24D standard first offender program. If he successfully completes his probation the case will be dismissed. 

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The defendant was charged with OUI under G.L. c. 90 section 24 more than a year ago. Attorney Stephen Neyman represented him and won the case before a jury. The defendant wanted that entry on his criminal record sealed. Our office filed a petition to seal under G.L. c. 276 section 100C. A hearing was granted and today the judge allowed the petition. The case is now sealed. 

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On April 22, 2019 around 1:30 a.m. a state trooper patrolling Route 1 southbound claimed to have seen a car run a stop sign at an onramp. The trooper then claimed that the driver swerved several times driving over the median strip and into the other lane. He was pulled over and supposedly failed several field sobriety tests. He was arrested and charged with OUI under G.L. c 90 Section 24. Attorney Neyman was hired to represent the man. Attorney Neyman  used maps, aerial images and photos to prove to the jury that the officer was not being truthful with his testimony. We were also able to show that the trooper failed to adhere to OUI field sobriety testing protocol. The jury returned a verdict of not guilty very quickly. 

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Our client is a 74 year old woman with no criminal history at all. Back in February of this year the woman was involved in a minor motor vehicle accident. No one was injured. The police interviewed our client and the driver of the other car. Our client stated that she has just come from having dinner with her daughter in law and that she had one glass of wine with dinner. The officers offered her a breathalyzer test. She took it and passed. They then asked her if she had any medications. She identified the prescription medications she had been on. She was arrested and charged with OUI drugs, G.L. c. 90 Section 24 and negligent operation under G.L. c. 90 Section 24 as well. Attorney Neyman was hired. We retained a drug recognition expert who clearly opined that the prosecution of this case was unjust. We scheduled the case for trial and all charges were dismissed outright. 

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On July 14, 2019 officers in a northeastern Massachusetts town were on patrol on Route 1 when their attention was drawn to an individual swerving in and out of marked lanes and driving well in excess of the posted speed limit. They stopped the vehicle and immediately noticed the defendant, a biochemical engineer in an apparent state of intoxication. He was unable to respond to basic commands and was unable to even start to perform field sobriety tests. The man was arrested. In the process of the arrest officers observed an opened bottle of whiskey and some cocaine, a Class B drug. Our client was charged with OUI and negligent operation of a motor vehicle all in violation of G.L. c. 90 Section 24 and possession of a class B drug, cocaine under G.L. c. 94C section 34. While at the police station the defendant was belligerent and threatened the officers. Today, our office was able to get the case continued without a finding. If the defendant remains free of criminal legal problems for the probationary period the case will be dismissed. 

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Our client is a medical professional, working and also in school working towards her Master's degree. Just a few weeks ago she and a family member had been drinking at a bar in southeastern Massachusetts. On her way home the defendant realized that she had had too much to drink. She pulled her car over. The family member had been following her and drove her home. However, the driver of another vehicle had seen our client operating erratically. She called the police. The police quickly located our client administered a breathalyzer test. Our client blew a .24, three times the legal limit. She admitted to driving and the witness identified her as the operator of the car. She was charged with OUI and negligent operation of a motor vehicle. Attorney Neyman was hired. He was able to get the woman a continuance without a finding on the OUI and got the negligent operation charges dismissed. 

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The defendant is an electrician working for the union on significant commercial projects. On March 8, 2019 a suburban police officer observed the defendant operating a pickup truck at 4:50 in the morning on a two lane highway. The pickup truck entered the oncoming lane of travel nearly striking the police officer's vehicle. The officer turned around and noted that the defendant was driving over the median lane several times. While effectuating the stop the defendant struck a snowbank. The officer immediately detected a strong odor of alcohol on the defendant. He was unable to produce a driver's license and instead gave the officer his social security number. He was unable to perform any field sobriety tests and was only able to get to the letter "o" while taking the alphabet test. The defendant was arrested and charged with OUI and negligent operation of a motor vehicle. He hired Attorney Stephen Neyman to represent him. We quickly scheduled a trial. Today, after a very short deliberation process the defendant was found not guilty of all counts.

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The defendant is a corporate designer. She owns a large well known international design shop. On March 15, 2019 police were notified by several 911 callers about a woman driving erratically down a major Massachusetts. One of the callers stated that the subject had just hit a guardrail. Officers located the vehicle and independently observed a troubling driving pattern and eventually operating at various rates of speed in the breakdown lane. The officers stopped the vehicle and immediately detected a strong odor of alcohol coming from the driver. The driver was unable to provide a vehicle registration which was ultimately located in the glove box. She failed all field sobriety tests and blew a .11 breathalyzer at the station. She admitted to consuming too much alcohol and was charged with OUI, first offense. She hired our office to defend her. Wanting a swift resolution of the case and need her driver's license back the defendant opted to resolve the matter short of trial. The case was continued without a finding with the statutory 24D disposition. Her license was restored and she is driving again.

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The defendant is a high end restaurant owner in the greater Boston area. On September 1, 2018 after closing down her restaurant the defendant has some drinks. As she was driving home she was observed by a civilian driving erratically, swerving and nearly hitting oncoming cars. The civilian called 911 and identified herself after making the complaint. Officers responded to the call and located the car our client was driving. The car was stopped. Officers smelled a strong odor of alcohol coming from the driver. Field sobriety tests were administered. Specifically, the nine step walk and turn test and the one legged stand test. Our client failed both tests. She admitted to drinking several glasses of wine and some beer. She was placed under arrest and transported to the police station. There, she took a breathalyzer test. She blew a .13, well over the legal limit. The woman was charged with OUI in violation of G.L. c. 90 Section 24. Today, the case was resolved with a continuance without a finding (CWOF) and a 24D disposition. A Cinderella license will be issued and full privileges will be restored in forty five days. If the defendant completes all probationary terms the case will be dismissed.

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Over the weekend a young woman was involved in an accident at a construction site. She had been drinking at a local bar. Her car struck a construction vehicle. The police officer doing the construction detail responded and observed that the woman had urinated herself. She was having trouble speaking and could not locate her wallet to produce her driver's license. Field sobriety tests were administered. She failed and was arrested. At the police station the woman took a breathalyzer test. She blew a .16, twice the legal limit and was charged with OUI, G.L. c. 90 Section 24. Our office was hired. We were able to get the case continued without a finding. After the defendant completes the required probation the case will be dismissed. She will have no criminal record.

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The defendant is the CEO of a major national hospital network who received a continuance without a finding on an OUI several year ago. Such employment required routine criminal background checks. The revelation of the CWOF for this OUI would likely have resulted in termination of employment. It certainly would have eliminated advancement opportunities. Over objection our office as able to get the CORI sealed.

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On March 17, 2018 a Holliston, Massachusetts police officer observed a car being driven by the defendant driving 64 in a 35 mph zone. A stop was effectuated. When the officer approached the car he detected a strong odor of alcohol coming from the vehicle. The defendant, a local business owner, had difficulty responding to the officer's commands. He also admitted to drinking some beers. The defendant intelligently refused to perform any field sobriety tests and refused the breathalyzer test. He was arrested and booked. The man was charged with negligent operation and OUI, all in violation of G.L. c. 90 Section 24. The officers said that during the booking process and upon his arrest he was unsteady on his feet, had bloodshot eyes, slurred speech and a disheveled appearance. Our office scheduled a quick trial date. Today, after trial the defendant was found not guilty.

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This past Saturday the defendant, a twenty year old college student, drove his car off of the highway and into a gully where it got stuck. Fortunately no one was injured. Police officers arrived and met with the driver. They immediately observed him to have symptoms consistent with alcohol intoxication. He failed three field sobriety tests and was arrested, booked and charged with OUI. At the police station he took a breathalyzer test and blew a .19 and .21, two and a half times the legal limit. A statute in Massachusetts requires anyone under the age of twenty-one who blows a .20 or greater a two week inpatient program. Notwithstanding the statute, Attorney Neyman was able to get a continuance without a finding and no inpatient requirement. After the defendant successfully completes his probation the case will be dismissed.

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The defendant is a local businessman charged with OUI in violation of G.L. c. 90 Section 24. In the winter of 2015 the driver of a vehicle observed the defendant's car nearly crash into another vehicle. A 911 call was made. The caller followed the vehicle detailing its movements to the state police. Officers caught up to the car and made similar observations. The vehicle was stopped. The trooper smelled a strong odor of alcohol on the defendant's breath. When asked for a license and registration the defendant showed signs of impairment. He was asked to exit the car. In doing so the defendant struck his head on the side of the door and fell. The responding officer located open containers in the car with alcohol in them. An arrest for OUI was made. Today, Attorney Neyman was able to get the case dismissed.

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On September 26, 2015 a Massachusetts State Trooper was on routine patrol on Route 93 southbound in Andover, Massachusetts. His attention was drawn to a vehicle that was swerving from lane to lane and failing to use signals when doing so. The officer followed the car for a mile and then made the decision to pull the car over. He approached the vehicle and immediately detected a strong odor of alcohol coming from the interior of the vehicle. He observed the driver to have slurred speech, bloodshot and red eyes and to be unsteady on his feet. Three field sobriety tests were administered, the horizontal gaze nystagmus, the walk and turn and the one legged stand. The defendant failed all of these tests. During the course of the field sobriety tests the defendant urinated in his pants. The defendant had been convicted of three prior OUI offenses. He was charged with OUI, a violation of G.L. c. 90 Section 24. He was also charged with operating to endanger. The defendant hired Attorney Stephen Neyman to represent him. Today the defendant was acquitted after a jury trial. Not Guilty.

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The prosecution alleged that on June 6, 2015 members of the Massachusetts State Police and Everett, Massachusetts police officers set up a sobriety checkpoint in Route 16 in Everett. Officers made contact with the defendant's car and immediately noticed an odor of an alcoholic beverage. The defendant was ordered to move his car into a screening area. The defendant's eyes were bloodshot and glassy. His speech was impaired. He admitted to consuming about three beers. Several field sobriety tests were administered. The defendant allegedly failed all of them. Officers determined that he was impaired and he was arrested and charged with OUI in violation of G.L. c. 90 Section 24. Today, Attorney Neyman succeeded in getting all charges dismissed.

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Several months ago the defendant was stopped by a Danvers, Massachusetts police officer for suspicious activity on a remote street. The officer contacted the driver who appeared intoxicated. He had trouble producing his license and registration. He was asked to perform several field sobriety tests and failed all of them. He refused the breathalyzer test after failing the temporary one given at the scene. He was then charged with OUI, G.L. c. 90 Section 24. The man hired Attorney Neyman who successfully argued a motion to suppress the stop and seizure. With the evidence having been suppressed the district attorney was unable to proceed and the case was dismissed earlier today, prior to trial.

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On October 18, 2015 the defendant was driving his car on a quiet street just off of Route 114. A Danvers, Massachusetts police officer observed the defendant and another male outside of the vehicle. He approached and the two  men got back into the car. They then made a three point turn with the front of the defendant's vehicle partially entering the woods. The officer then passed the car at which time the driver (defendant) turned away, appearing nervous and leaving at a low rate of speed. The officer stopped the car, noticed that the defendant had been drinking and administered field sobriety tests.  The defendant failed these tests. He was charged with OUI in violation of G.L. c. 90 Section 24. Attorney Neyman was hired.  We filed a motion to suppress which was heard a couple of weeks ago. Today, a decision on the motion came out. The motion was allowed and all evidence seized after the stop is now excluded.

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The defendant is a construction worker living and working in suburban Boston. The prosecution alleged that on August 1, 2014 a Massachusetts State Police officer was clearing a motor vehicle stop In Quincy when a car being driven by the defendant approached him at a high rate of speed and nearly hit him and his cruiser. The officer followed the driver and observed erratic driving. He stopped the car and observed the defendant's speech to be slurred. His eyes were bloodshot and glassy. The defendant was asked to get out of the car and to perform field sobriety tests. He did. He failed all of these tests. The officer then called another officer, a drug recognition expert to see if the defendant had been taking drugs. The DRE formed the opinion that he did and charges of OUI in violation of G.L. c. 90 Section 24 were filed. Today, prior to trial Attorney Neyman successfully moved to dismiss the OUI charges.

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On July 15, 2015 a Concord, Massachusetts police officer was on patrol when he observed a man standing next to a car that was parked on the side of the road. The man appeared to be leaning on the car for support. The officer drove around and a few minutes later went back to the car. This time he observed the defendant in the back seat of the car, apparently passed out. The office woke the defendant and began asking him questions. The defendant admitted driving the car. Officers also noticed some damage on the side of the car. Paint on the damaged car matched paint found nearby on property with which the car had made contact. The man was charged with OUI. Today, Attorney Neyman was able to get the case continued without a finding. The case will be dismissed and the defendant will have no record after he completes probation.

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This past Saturday night a woman from Salisbury, Massachusetts was pulled over on her way home from a local drinking establishment. The police quickly observed her having slurred speech. She was asked to produce a license and registration. She had trouble doing so. She was then asked to perform several field sobriety tests. She failed each one. She ultimately submitted to a breathalyzer test. She blew a .25, over three times the legal limit. Today, our office was able to get the case continued without a finding. If the woman successfully completes the various probationary conditions imposed the case will be dismissed in one year.

The defendant is a local businessman who was charged with OUI in violation of Massachusetts General Laws Chapter 90 Section 24. A few months ago our office successfully argued a motion to suppress an unlawful stop. The district attorney's office contemplated appealing the judge's decision. Upon realizing that an appeal would be futile the prosecution decided not to proceed. Today, unable to go forward on the case as a result of suppression of evidence the case was dismissed.

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Last week Attorney Neyman was able to get an OUI case dismissed in the Lawrence District Court. The allegations related to a February 13, 2015 incident referenced in an earlier case result. The man received a six month license suspension for refusing to take a breathalyzer test. In order for the defendant to get his driving privileges back he needed an approved motion from the judge who dismissed the case. Our office filed the motion, which was allowed. The man is now permitted to drive again.

The defendant is the CEO of a major national sports marketing company. The prosecution alleged that on February 13, 2015 a Massachusetts State Police Officer received a call for a person driving erratically on Route 93 northbound. The caller stayed with the vehicle, following it and remaining in contact with the police until a cruiser reached the area where the suspect vehicle was being operated. The officer stopped the car and noted that the car came to rest in the middle of the street. The officer contacted the driver who smelled of alcohol, had trouble producing his license and registration and appeared to be drunk. The officer formed the opinion that the driver was under the influence of alcohol and an OUI charge followed. Today Attorney Neyman was able to get the case dismissed.

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The prosecution alleged that on December 12, 2014 a Massachusetts State Trooper saw a motor vehicle being driven by the defendant operating on a public way in Allston, Massachusetts. The officer observed the driver texting while he was driving in violation of G.L. c. 90 Section 13B. The officer stopped the vehicle and immediately detected a strong odor of marijuana. The defendant was asked to take field sobriety tests which he failed. He was arrested and made some inclupatory post-arrest statements. An inventory search of his car revealed the presence of recently consumed marijuana. The man was charged with OUI Drugs. Attorney Neyman was retained and filed a motion to suppress. Today, a hearing on that motion was heard and allowed. All evidence including the defendants statements were suppressed.

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On February 17, 2015 members of the Andover, Massachusetts Police Department were dispatched to a location for a report of a hit and run. The responding officers met with a couple who claimed that their vehicle and that the operator of the offending vehicle left the scene and was drunk. The defendant's car was parked close to the location of the accident. The operator was located. Police administered field sobriety tests which the suspect failed. An interview of the defendant disclosed the consumption of a significant quantity of alcohol along with an admission of impairment. The defendant was arrested and charged with OUI. Attorney Neyman was retained to represent him. An expedited disposition date was arranged and the defendant was given a continuance without a finding. He is eligible to operate his car during the license suspension period for a limited duration. After forty five days all privileges will be restored. Once the 24D program is completed the case will be dismissed.

According to two Boston Police officers on August 25, 2013 just after 2:30 a.m. a scuffle broke out near a downtown nightclub. One of the parties involved was the defendant, a Brockton man who had been at the club. The man got into his car, fled the scene, screeching his tires and ended up crashing into a parking garage. All of this occurred within a couple hundred feet from the scuffle. The police then detained the man and put him through several field sobriety tests; the walk and turn test, the one legged stand test, the horizontal gaze nystagmus test and the finger to nose test. The man failed all of these tests. He then tried to bribe one of the officers to let him go. He admitted to being drunk as well. Attorney Neyman tried the case yesterday and today. The jury returned a verdict of not guilty.

On September 23, 2012 a Massachusetts State Police Officer responded to an accident scene on Route 1 in Revere. There, he found the defendant being placed into an ambulance. The trooper asked her what happened. She responded that she was driving in excess of the posted speed limit and that she had been drinking. The officer detected a strong odor of alcohol on her breath as well as slurred speech. The woman was charged with OUI liquor, her second offense. Today, after a hearing on a motion to dismiss all charges were dropped. The case is dismissed.

Boston Municipal Court: The prosecution alleged that on January 11, 2012 a State Trooper with the Massachusetts State Police responded to an accident on Route 93 northbound in the South Station O'Neil Tunnel. The trooper encountered the defendant who stated that he was driving from Dorchester northbound, that his car was sideswiped by an unknown vehicle causing him to crash and that that car left the scene. The defendant was observed unsteady on his feet, slurring his words, bloodshot eyes and smelling like alcohol. He failed all field sobriety tests and was arrested. A security videotape showed that there was in fact no car that hit him. Rather, the defendant lost control of his car and hit both sides of the tunnel. Today, Attorney Stephen Neyman was able to get the case dismissed.

Brighton District Court # 10-0575. The prosecution alleged that on Friday, May 21, 2010 at approximately 2:20 a.m. a state trooper was approaching the Elliot bridge interchange at the Harvard turn traveling west on Soldiers Field Road. He observed a vehicle that was traveling in front of him turn onto the East bound lane of Soldiers Field Rd. Soldiers Field Road which is separated east and west by large islands with trees or them. The vehicle was traveling the wrong way into traffic. The trooper activated his emergency lights and drove alongside of the operator. He shined his spotlight at him. Shortly thereafter the operator, our client realized he was traveling the wrong way. The officer pulled him over. He failed the field sobriety tests and was arrested. Our office was retained to represent the defendant. Today the case was continued without a finding for one year. Provided the client complete the 24D program and pay the statutory fines the case will be dismissed at the end of one year.

Boston Municipal Court # 10-3771. The prosecution alleged that on May 25, 2010 at around 1:30 a.m. a Boston Police officer observed a car being driven by a man travel through several sets of red lights. The officer stopped the vehicle and observed the defendant to exhibit signs of alcohol intoxication. He also noticed that the passenger, a female was passed out in the front seat. The defendant admitted to having been at the Celtics game earlier in the evening and to drinking a substantial amount of alcohol. He was given several field sobriety tests. He failed all of them. He blew a .23, nearly three times the legal limit at the police station. Our office was able to get this case continued without a finding today. The client was given the standard 24D disposition

South Boston Court # 10-0437. The Boston Police charged the defendant with Assault and Battery. According to reports, on April 15, 2010 the defendant was alerted to the fact that his car was in the process of being towed. He went to the area where he had parked the vehicle and observed a tow truck operator securing the car for towing. The defendant confronted the driver. A dispute erupted and the driver claimed to have been struck by the defendant. He was arrested. Today, our office was able to get all charges against the student dismissed provided he performs twenty hour of community services.

Brighton District Court # 10-0451. On April 11, 2010 at about 1:15 a.m. a Boston Police Officer observed two people engaged in loud conversation and yelling. As he approached he saw a man kick and damage a lighting box belonging to the City of Boston. He followed and noticed that the man continued to engage in destructive conduct to property. Both men were arrested and charged with Malicious Destruction to Property Over $250 and Disturbing the Peace. Our office was able to get the charged dismissed prior to arraignment.

West Roxbury District Court # 10-0013. The prosecution alleged that on January 1, 2010, New Years Eve, shortly before 6:00 a.m. officers were flagged down on Hyde Park Avenue by the victim's friend frantically yelling to call 911. Two victims were observed motionless on the ground. One was bleeding from the head. The other had an obvious bone fracture to the leg. Emergency Medical Services removed the victims and rushed them to a local hospital. The officers then encountered the defendant standing next to his car. He further admitted driving too fast for the road conditions and that he had consumed an unknown quantity of beer. The defendant had bloodshot eyes. He failed certain administered field sobriety tests. He was arrested and charged with OUI, and OUI Serious Bodily Injury. OUI Serious Bodily Injury carries a mandatory minimum jail sentence. Our office succeeded in negotiating a dismissal of those charges with a plea to the lesser included OUI. No jail time will be required of our client.

Brighton District Court # 08-0391. Massachusetts State Police alleged that on March 15, 2008 at 11:15 p.m. the defendant was pulled over at an OUI roadblock or sobriety checkpoint. The driver, a New York man was identified and ordered to produce his license and registration. The trooper responsible for the investigation detected an odor of alcohol and asked our client how many drinks he had the evening. He supposedly responded that he had four beers. The trooper further observed the defendants' speech to be low, thick and slurred. He was unable to adequately perform the "finger-to-nose", "one-legged-stand" and "heel-to-toe" field sobriety tests. The man refused to take a breathalyzer test and he was arrested. Today, the day of trial Attorney Neyman succeeded in getting the charges dismissed in their entirety.

Peabody District Court # 08-0563.  On March 16, 2008 a Peabody, Massachusetts Officer was on patrol on Andover Street (Route 114) when he observed a vehicle being driving by the defendant cross over the marked lanes 5-6 times.  The officer stopped the vehicle and noticed that the defendant had glassy, bloodshot eyes and smelled like he had been drinking.  The defendant had difficulty finding his vehicle registration.  The officer had the defendant perform three field sobriety tests, all of which he failed.  The defendant was arrested.  During the booking procedure the booking officer made similar observations regarding our client's state of sobriety.  Upon inquiry our client admitted to drinking 6 beers and a shot of tequila.  Attorney Neyman tried this case to a jury.  The trial lasted 2 days and our client was acquitted.