Real DUI Case Results

What happens when I represent a citizen charged with drunk driving?   The best way to explain it may be to use illustrations from actual cases I have had previously. I've had a lot of success beating OUI charges in courts across the state. I've also been able to help people get with their hardship licenses, especially in tricky cases with multiple prior offenses.

I can't guarantee that I'll win you case - no lawyer can. But I've been able to achieve some remarkable results in cases that initially looked very bad for the defendant.

The following are some of the OUI cases in which I've been able to win dismissals, not guilty verdicts in jury or bench trials, or had a client treated as a lesser offense.

-Attorney Russell Matson

2007 OUI Cases

May – West Roxbury District Court
First Offense
Result: Bench Trial – Not Guilty

The officers stated in their police report that my client failed to stop at a stop sign. After my client was pulled over the officers said that he flicked his cigarette out of the window and the officers made him get out of the car and pick it up. My client tried to pick it up three different times and almost fell over each time. He told the officers that he had one glass of wine and was on the way to the store. It should be noted that my client told the officer that he has a medical condition known as Neuropathy, which effects his balance, therefore he was unable to perform any field sobriety tests that would require balance. The officers arrested my client and brought him back to the station. My client refused the breath test. A judge found my client not guilty.

May – Woburn District Court
Second Offense Treated as a First Offense

My client was arrested after speeding. She told the officers that she was coming from a friend’s house and that she had 2 beers. The Officers asked my client to get out of the car and while she was attempting to get out she almost fell to the ground. The officers stated that her speech was slurred and she swayed heavily. The judge treated my client as a first offender and she avoided a five-year loss of license with a hardship within 4 years. Instead she was able to get a hardship license within weeks.

April – Dedham District Court
Third Offense Treated as Second Offense

My client was in an accident in which his SUV struck a car from behind. My client stated that he had two beers and was on his way home. He refused to take any Field Sobriety Test's. He did take the breath test, which yielded a .20 blood alcohol level. A judge treated my client as a second offender.

April – Concord District Court
Result: Second Offense Treated as a First Offense

My client was pulled over for doing 70 MPH in a 45 MPH zone. The officers stated that while trying to catch up to my client he observed my client cross the centerline on several occasions. He told the officer that he had 2 beers. My client also failed the Walk and turn test as well as the one leg stand. The judge treated my client as a first offender and he avoided a five-year loss of license with a hardship within 4 years. Instead he was able to get a hardship license within weeks.

April – Peabody District Court
First Offense OUI Drugs
Bench Trial – Not Guilty

My client was pulled over for crossing over the center and breakdown lanes on several occasions. The officer said that my client took to long to pull over and that her motor skills were impaired because she had to repeat what she was doing over and over before she could finish. My client told the officers that she had two herniated discs in her back and she was unable to perform the Field Sobriety Tests. The officers noted that she was also very unsteady on her feet. My client went back to the station where she took the breath test and passed with a .06.  She also admitted to the officers that she had taken Xanax, Neuronti, Lamical and Topomax.  The judge found my client not guilty.

April – Hingham District Court
Second Offense
Jury Trial – Not Guilty

A civilian called the police regarding an erratic driver who was all over the road. The officers stated that when he caught up to my client, he was weaving in and out of the lane and at one point my client crossed the centerline and continued to travel like that for some time. The officer pulled my client over after he had crossed the lines a few more times. My client failed the walk and turn test as well as the one leg stand. My client did pass the alphabet test. My client was arrested at the scene and brought back to the station where he took the breath test and blew a .19. A Jury found my client Not Guilty.

February – Boston Municipal District Court
First Offense
Result: Case Dismissed

My client was involved in an accident. When officers approached she looked like she had no idea what was going on and her speech was slurred. She was unable to get out of the vehicle without the help of the officers. Officers thought it was unsafe to perform FST. Suspect "passed out" in the back of the cruised. Judge dismissed the case.

January – Waltham District Court
OUI Probation Violation - First Offense
Result: Case Dismissed

OUI Probation Violation dismissed for lack of evidence.

2006 OUI Cases

December – Dudley District Court
Third Offense
Result: Treated as Second Offense

My client went into the police station to report that a group of people had stolen money out of his car. He told officers that he had had a few drinks at a bar and that there was an intoxicated gentleman in his car that would not get out. He did not know the man that was in the passenger side of his car and that he had asked a group of people to remove the man. He said that the group of people had robbed him and he wanted to report the crime. The officers asked him to perform field sobriety test to which he refused, he also refused the breath test. My client was treated as a second offender.

November – Westfield District Court
Second Offense
Jury Trial – Not Guilty

My client was pulled over for speeding. He stated that he had a couple of beers at a friends house. Speech was thick tongued and slurred and he was unsteady on feet as he exited the vehicle. He failed the field sobriety test and he refused the breath test. A jury found him not guilty.

October – Northampton District Court
First Offense
Result: Bench Trial – Not Guilty

My client was pulled over for not stopping at a stop sign, failing to signal at a turn and weaving in and out of the lines. He stated that he had 4 beers at a restaurant. He was unsteady on his feet and he failed the field sobriety tests. He took the breath test and blew a 0.07. Judge found my client not guilty.

October – Wareham District Court
Second Offense
Result: Bench Trial - Not Guilty

A civilian called the police regarding an erratic driver who was all over the road. My client stated to the officer that she had a few cocktails but that she was weaving in and out of the lanes because of her dog. Her dog was in the car with her at the time. She refused all field sobriety tests. A judge found my client not guilty.

August – Worcester District Court
Serious Injury
Result: No Jail Time

My client hit two girls and a fence then fled from scene. Stated to officer that he was drunk and he was driving. He had slurred speech and he was unsteady on his feet swaying back and forth. Stated he had too much whisky. He failed the field sobriety tests and he failed the breath test with a 0.30. No jail time was served.

July – Roxbury District Court
First Offense
Result: Dismissed

My client was parked, blocking the lane of traffic. The officers asked him to move his vehicle and he began swearing at the officers. He was again asked to move his vehicle and again he began yelling at the officers. My client was asked to do some field sobriety tests and he failed. Judge dismissed my client’s case.

June – Westborough District Court
First Offense
Result: Jury Trial – Not Guilty

My client was pulled over for speeding. He told the officer that he had 2 beers. Speech was slurred and thick tongued. He failed the Field Sobriety Tests and he refused the breath test. Jury found him not guilty

June – Peabody District Court
First Offense
Bench Trial – Not Guilty

My client was pulled over for crossing the lines. He slowed his car abruptly from 65 to 50 when officer pulled behind him. Was unsteady on feet as he walked to the rear of his vehicle. My client failed the field sobriety tests and he refused to talk the breath test. Judge found my client not guilty.

June – Westborough District Court
First Offense
Jury Trial – Not Guilty

My client was pulled over for swerving in and out of lanes and almost hitting an unmarked cruiser. My client told the officer that he was on his cell phone. Stated that he was coming home from a Christmas Party, he had drank, and he was underage. Told the officer that he had sprayed cologne in his mouth to cover the smell of alcohol. The Breathalyzer’s at two different stations did not work so no breath test was recorded. Jury found my client not guilty.

May – Concord District Court
Second Offense
Treated as First Offense

My client was in an accident where he had hit a tree. My client told the officer that he had 3 beers earlier in the afternoon. My client was asked to perform a few field sobriety tests, which the officers stated that he failed. My client was brought to the station and took the breath test, which he scored a 0.15. My client was treated as a first offender, lost his license for 45 days and was able to get a hardship license within a week.

May – East Brookfield District Court
Third Offense
Treated as Second Offense

My client was pulled over for almost causing an accident. He stated that he had a few beers. The officer detected a very strong odor coming from my client. Officers searched my client’s car and found seven beers in the cooler, which my client stated were 12 when he bought it. He failed the field sobriety tests and refused to take the breath test. The judge treated my client as a second offender rather then a third.

May – Attleboro District Court
Fourth Offense
Jury Trial – Not Guilty

Cell phone caller stated that my client was driving all over the road. The police saw my clients van parked at a Convenience Store. My client walked to the store and back to the van with a limp. As my client went back to his van the officers stopped him. He had just purchased a 12-pack of beer. My client said that he had some to drink but would not elaborate on just how much. My client had several pins in his back which would not allow him to perform some of field sobriety tests. He passed the touching the tip of his nose with his index finger. My client was arrested and refused to take the breath test. A Jury found my client not guilty.

March – Dedham District Court
First Offense
Bench Trial – Not Guilty

My client was pulled over for speeding and weaving in and out of the lanes. The officer asked him how much he had to drink and he stated that he had 5 beers over 5 hours ago. Upon inspection of the vehicle the officers found an open container. My client refused to do any field sobriety tests as well as refusing to take the breath test. A judge found my client not guilty.

March – Woburn District Court
First Offense OUI Drugs case
Result: Dismissal

Someone called in to the police station that there was a car driving all over the road. The officer pulled behind my client and observed her to be “all over the road”. He pulled her over and asked for the usual license and registration. My client had accidentally taken too much of her prescription medication. The judge dismissed the charges.

February – Boston Municipal District Court
Second Offense
Result: Dismissal

My client was involved in a car accident in a garage involving another car. My client hit the car then kept driving hitting several walls. Victim observed the suspect exit his car and to be unsteady on his feet. Officer smelled alcohol on his breath, he was unsteady on his feet and he had slurred speech. No field sobriety tests and no breath test were given. A judged dismissed all charges.

January – Boston Municipal District Court
Second Offense
Bench Trial – Not Guilty

My client was pulled over for speeding. He stated that he had a little bit to drink. He was unsteady on his feet. He failed the field sobriety tests and he refused the breath test. The Judge found him not guilty.

January – Milford District Court
Fourth Offense
Bench Trial – Not Guilty

An anonymous person called to report an erratic driver saying they almost hit her car and drove over part of the town Common. My client was seen getting out of his vehicle. Stated that he had 3-4 beers at a meeting. Holding a coffee cup, water, a glass pipe and marijuana. My client stated that he was not driving, he was out walking his dog. He refused to take any field sobriety test and he refused to take the breath test. Judge found him not guilty.

2005 Cases

December 2005 - Framingham District Court
Second offense
Result: Treated as First Offense

My client was pulled over for crossing the lines on several occasions. Motorist called to report erratic operator, officer then observed him crossing over the lines. His speech was thick and slurred and he closed left eye to locate license. Officer stated that my client was unsteady on feet, swaying from side to side and stumbled as he got out of vehicle. He failed field sobriety tests and he refused to take the breath test. My client was treated as a first offender; he lost his license for 45 days and was able to get a hardship license.

Nov 2005 - Northampton District Court

Result: Bench trial - found Not Guilty

September 2005 - Orange District Court
Fourth offense OUI
Result: Jury Trial – Not Guilty

My client was pulled over for driving with his headlight out. He stated that his wallet and license were in his work truck but gave officer his name, date of birth and Social Security number. He stated that he went home had one beer and was going to get a burger from McDonald’s. He failed the walk and turn test then refused to do any more tests. He then because uncooperative with the police. He refused to take the breath test. Jury found him not guilty.

August 2005 - Ayer District Court
Third offense
Result: Jury Trial – Not Guilty

My client was pulled over for speeding and was looking through his wallet for his license and took out 3 credit cards before locating license. My client was unsteady on feet. He shuffled as he walked and he admitted to having 4 beers. My client failed the field sobriety tests and the refused the breath test. Jury found him not guilty.

August 2005 - Brighton District Court
First offense
Result: Dismissal on a Motion to Suppress the Vehicle Stop

My client was pulled over for having blue tinted headlights, which the officer’s said, was illegal. Three times said he had nothing to drink then stated that he had one drink. Officer said that he failed the Finger to Nose test. He was brought back to the station where he took the breath test and blew a 0.06. Judge stated the blue tinted headlights were not illegal so therefore the reason for the stop was not warranted and dismissed all charges against my client.

July 2005 - Orleans District Court -
1st Offense

Result: plead down to Reckless Driving. OUI Dismissed, and Driving Without Insurance - No license loss.

June 2005 - Wareham District Court
Second offense
Result: Dismissal.

June 2005 - Wareham District Court
1st offense
Result: Found not guilty after bench trial.

The officers pulled my client over for crossing the lines a few times. She stated that she had had a couple of drinks. Said that she was very nervous. Speech was extremely slurred. Failed the field sobriety tests and refused the breath test. Judge found her not guilty.

June 2005 - Newburyport District Court
Result: Dismissed at clerk's hearing. Client is required to take a one-day driving class.

Client is clocked going 115 in a 45. Client is charged with operating to endanger.

May 2005 - Salem District Court
Third Offense
Result: Treated as 1st offense

My client was pulled over for traveling on the wrong side of the street. Did not stop to the lights of the police car. He was swerving all over the road. My client also went on the wrong side of an island. My client could barely stand up. Failed all field sobriety tests and refused to take a breath test. Judge treated him as a first offender; he lost his license for 45 days and was able to get a hardship license.

May 2005 - Worcester District Court
Third Offense
Result: Not Guilty after Jury Trial

My client was in his driveway and officers pulled in behind him. He was sitting in his truck and when he saw the officers he tried to go into his house. The officers said that he was speeding. He was unsteady on feet and he would not listen to the officer and tried to walk past/through to get to house. He was belligerent and argumentative and he refused to do any field sobriety test as well as refusing to take the Breath test. Jury found him not guilty.

May 2005 - Brockton District Court
First Offense
Result: Not Guilty after Jury Trial

My client was sleeping in his car with the car running. My client’s friend was in the passenger seat on the phone. The officer tapped on his window and my client tried to put the car into park, which it already was. My client’s speech was very thick and he told the officer that he had 4 beers at a local bar. He refused the Breath test. Jury found him not guilty.

April 2005 - Taunton District Court.
First Offense
Result: Not Guilty after Bench Trial

My client was pulled over for crossing the lines on several occasions.  He had trouble removing license and he could not find his registration.  Told officer that he had had 2 beers with dinner, he smelled of alcohol, his face was blotchy, he dragged feet as he walked and his eyes were glassy.  He refused the Breath test.  Judge found him not guilty.

April 2005 - Worcester District Court
First Offense
Result: Not Guilty after Bench Trial

My client was pulled over for driving with his lights out and failing to signal at a turn.  He stated to the officer that he had a couple of beers.  He failed Horizontal Gaze Nystagmus test and was swaying in a circular motion. Had difficulty standing in the heel to toe position.  My client took the breath test and blew a 0.07.  Judge found him not guilty.

2004 Cases

October 2004 - Wrentham District Court
3rd offense OUI
Result: Dismissal

My client was involved in a hit and run. He hit a telephone pole and he ran to his house, which was a few houses down. No one was hurt in the accident. The officers asked him where he had been before the accident. He stated that he was at a friend’s house and that he had 4-5-6 beers. My client was taken to the hospital where he refused to take a breath test or a blood test. All charges were dismissed.

October 2004  - Hadley District Court

My client is observed crossing the centerline on a couple of occasions and fails to signal when turning. Client fails field sobriety tests. Found not guilty after trial.

August 2004 - Cambridge District Court
1st offense OUI
Result: Case is dismissed.

Client is stopped at a roadblock and fails two of three field sobriety tests. The client default on case and a warrant is issued. The judge dismissed the case after one day of trial.

August 2004 - Haverhill's District Court
Result: Case is dismissed after a Motion to Suppress hearing

My client is charged with second offense OUI. The police receive a phone call that someone fitting her description is drunk and shouldn't be on the road. Client is pulled over fails field tests and blows a .15 in the breath test machine.

June 2004 - Orange District Court
First Offense OUI
Result: Case Dismissed

May 2004 - Worcester District Court
Second Offense
Result: Found not guilty after trial.

Client is observed weaving and crossing centerline. Client admits to having eight beers in two hours. My client passed 2 out of 3 of the field sobriety tests and he refused to take the breath test. A jury found my client not guilty.

April 2004 - Dedham District Court
Result: Case Dismissed at trial

April 2004 - Wareham District Court
Result: Case Dismissed at trial.

January 2004 - Fitchburg District Court
3rd offense
Result: Not Guilty after trial.

My client was pulled over for crossing the lines. My client was disoriented and “confused”.  A judge found my client not guilty.

Older Cases

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Waltham District Court
First Offense
Jury Trial – Not Guilty

Stated that she was coming from a wine tasting party. Officer noticed a dark red film on her lips, which she stated, was from the wine that she said she had a few hours before. She failed her field sobriety tests.

Wrentham District Court
First Offense
Result: Dismissal

My client was involved in an accident involving another motorist. My client stated that the motorist braked suddenly. My client passed two out of three Field Sobriety Tests. Judge dismissed the charges.

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Boston Municipal District Court
First Offense
Result: Dismissal

My client was pulled over for swerving all over the road. The officer asked if he had anything to drink. Which my client responded that he had had some whiskey with a few of his friends and he was on his way home. My client was given

Northampton District Court
First Offense
Jury Trial – Not Guilty

My client was pulled over for speeding. He had two of his friend who was very intoxicated with him. The officers said that they smelled alcohol coming from the car. The asked him to perform some field sobriety tests which the officers said that my client failed. My client also refused to take the breath test. A jury found my client not guilty.

Quincy District Court
First Offense
Result: Jury Trial – Not Guilty

Dedham District Court
First Offense
Result: Jury Trial - Not Guilty

My client was pulled over when he was driving down the road, his car spun out because of a recent snowfall and he was traveling down the road going the wrong way. He was weaving from one side of the street to the other. My client was not given any field sobriety test. A jury found my client not guilty.

Milford District Court
First Offense
Result: Dismissal

My client was pulled over for weaving within the lanes. The officer asked where he was coming from and my client stated that he was coming from the Patriots game. My client was asked to perform Field Sobriety tests, which he failed. The judge dismissed the case.

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Stoughton District Court            
First Offense                      
Result: Dismissal

Quincy District Court
First Offense
Result: Dismissal

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