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CASE RESULTS

May 2018 - First Offense Not Guilty At Trial

Facts:

After a pumpkin carving party, our client was pulled over because she had struck a telephone pole. Police officers responded to the scene and assumed my client was operating under the influence of intoxicating liquor. She refused Standardized Field Sobriety Tests but submitted to a Portable Breath Test (PBT), which produced a reading of .15% BAC. PBT results do not come into evidence in the courtroom. She did submit to the breathalyzer at the police department, though, and produced a reading of .14% BAC. Consequently, she was charged with OUI-Liquor, First Offense, Negligent Operation of a Motor Vehicle, and Speeding. 

Maximum Penalty:

Imprisonment for not more than 2 1/2 years, or not less than $500, or both, plus $50 Victims of Drunk Driving Assessment, $250 Head Injury Assessment, and license revoked for 1 year. 

Outcome:

Attorney Bernard took her case to trial. The breath test was not used as evidence due to the fact that there is a state-wide moratorium on the usage of breath tests as evidence in Massachusetts right now. Additionally, she did not appear to be under the influence of intoxicating liquor on her booking video and was very coherent. Attorney Bernard was able to skillfully cross-examine the police officer as well. The jury ruled a not guilty verdict for her charge of OUI-Liquor, First Offense. She was only found responsible for speeding. Negligent operation of a motor vehicle was also dismissed. Client was able to get her license back and keep her nursing license as well. 

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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