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CASE RESULTS

July 2018 - Second Offense NOT GUILTY At Trial

Facts:

Our client was originally pulled over for speeding. Once the officer started interacting with our client, the officer assumed our client was under the influence of intoxicating liquor and called another officer for assistance. Our client submitted to the following field sobriety tests: Vertical Gaze Nystagmus (VGN), Lack of Convergence (LOC), Nine Step Walk and Turn, One Legged Stand, Romber Balance Assessment, Recitation of the Alphabet, and Counting Backwards. Our client refused the Portable Breath Test (PBT) and the breath test at the police department. 

Maximum Penalty:

Potential incarceration for no less than 60 days, 30 days mandatory, with a fine between $600 and $10,000, in addition to a 2-year loss of license for the conviction.

Outcome:

Attorney Bernard pushed this case to trial. Attorney Bernard was able to effectively cross-examine both police officers on the stand, focusing on their lack of evidence for any notation in the police report indicating our client had slurred speech or glossy/red eyes. This, among other factors, were able to show that the prosecutor could not prove beyond a reasonable doubt that our client was operating under the influence. As a result, our client was found not guilty for an OUI-Liquor, second offense, at trial. 

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Fight to protect your future

If found guilty, you may be facing serious penalties and life altering consequences, including jail time, steep fines, court ordered alcohol treatment programs, and community service. In addition, your driver’s license can be suspended for an extended period of time. Depending on the specific circumstances pertaining to your case, your offense may be charged as a felony, which exponentially increases your penalties. Do not sit back and wait for your charges to resolve themselves. Be proactive and call immediately to secure the representation of Attorney Joseph Bernard to resolve your case in the most efficient way possible and with the most favorable outcome available to you.

Locations

Springfield Office

1 Monarch Pl Suite 1100
Springfield, MA 01144
413-731-9995

Belchertown Office

35 Bridge St
Belchertown, MA 01007
413-323-6556

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4 Market Street
Northampton, MA 01060
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