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CASE RESULTS

September 2017 - First Offense Found Not Guilty After Trial

Facts:

The police found my client sleeping in his car in a parking lot, and was asked to exit his vehicle and perform Field Sobriety Tests. As a result of these tests, he was arrested for OUI - Liquor, first offense. After he was brought to the police station, he then submitted to a breath test.

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:

Due to the motions I filed in regards to Commonwealth v. Ananias, it was brought to the public's attention that the Office of Alcohol Testing withheld evidence showing faulty results for the Draeger 9510 breath test machines. Consequently, a statewide moratorium on the use of breath test results was issued by the government. My client's breath test results was excluded from evidence at trial, and I was able to successfully cross-examine the arresting officer. All of these efforts resulted in my client being found not guilty after jury trial! 

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.

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Palmer, MA 01069
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Springfield, MA 01144
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Northampton, MA 01060
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