OUI and motor vehicle crimes

Motor Vehicle Homicide – Not Guilty

Our client was driving to work when he struck an elderly woman with his pickup truck. The woman died at the accident scene. The Commonwealth’s accident reconstruction expert testified that our client was not paying sufficient attention to avoid the collision. Our accident reconstruction expert testified that the accident was unavoidable and our client had been driving in a safe and prudent manner. The jury found our client not guilty after trial.

Operating Under the Influence of Alcohol (Second Offense) – Not Guilty

A police officer saw our client run two red lights before getting on the highway at 2:30 a.m. The officer followed our client onto the highway and saw her almost hit the guard rail and cross over the fog line at least three times. The officer pulled over our client’s car and approached the vehicle. Our client was in the driver’s seat and her sister was in the front passenger’s seat. The officer testified at trial that the vehicle smelled strongly of an alcoholic beverage. Our client told the officer that she thought it was only 10:30 p.m. and that she had been drinking. Our client then failed four field sobriety tests and was unable to say the alphabet. The officer testified that she was unsteady on her feet and was slurring her speech. She had previously been convicted of OUI. Following trial, a jury found our client not guilty.

Operating Under the Influence of Drugs (Oxycodone) – Not Guilty

Our client was driving her car on a main road when she hit a motorcyclist who had stopped at a crosswalk. When the police encountered our client, she did not realize she had struck a motorcyclist. The police officer noticed that our client’s pupils were dilated and she spoke with slurred speech. Our client told the officer that she had taken four of her prescribed Oxycodone pills prior to driving. Our client failed a series of field sobriety tests and was arrested. At trial, we introduced evidence of our client’s serious medical conditions, which explained why she had difficulty balancing during the field sobriety tests. Following a jury trial, our client was found not guilty of operating under the influence of drugs and negligent operation of a motor vehicle.

Operating Under the Influence of Alcohol (Second Offense) – Not Guilty

A police officer saw our client run two red lights before getting on the highway at 2:30 a.m. The officer followed our client onto the highway and saw her almost hit the guard rail and cross over the fog line at least three times. The officer pulled over our client’s car and approached the vehicle. Our client was in the driver’s seat and her sister was in the front passenger’s seat. The officer testified at trial that the vehicle smelled strongly of an alcoholic beverage. Our client told the officer that she thought it was only 10:30 p.m. and that she had been drinking. Our client then failed four field sobriety tests and was unable to say the alphabet. The officer testified that she was unsteady on her feet and was slurring her speech. She had previously been convicted of OUI. Following trial, a jury found our client not guilty

Operating Under the Influence of Alcohol – Not Guilty

A state trooper saw our client backing up his car the wrong way on a one-way street. He stopped the car and spoke to our client, who was driving. Our client admitted in broken English that he had been drinking. The trooper ordered our client to get out of the car and our client almost fell over when he exited. The trooper testified at trial that our client was “hammered” and was so unsteady on his feet that it was unsafe to give him field sobriety tests. Our client was brought to the barracks where he refused to take the Breathalyzer. We argued that as a result of a language barrier, the police were unable to conduct a full investigation and were unable to determine with certainty why our client appeared to be intoxicated. The jury found our client not guilty of operating under the influence of alcohol.

Operating Under the Influence of Alcohol – Not Guilty

A state trooper was following our client late at night on Route 3 in Billerica.  The trooper watched our client swerve between marked lanes without signaling and pulled him over.  Our client smelled like alcohol and told the trooper he had been drinking at a Lowell bar 30 minute prior to the stop.  The trooper asked our client to get out of the car and conducted three field sobriety tests.  After concluding our client failed the three tests, the trooper administered a roadside Breathalyzer test and our client blew a .10.  Our client was arrested and charged with operating under the influence of alcohol.  At trial, the jury found our client not guilty. 

Operating Under the Influence of Alcohol – Not Guilty

A concerned citizen reported to the police that our client was passed out in his car, which was parked in the middle of the street, facing the wrong direction with the engine running.  The police responded and knocked on the window, but our client appeared to be passed out and did not respond.  After two officers banged on the window with their batons for several minutes, our client awoke and stared at the officers as if in a trance.  As he got out of the car, the officers smelled an overwhelming odor of alcohol coming from the defendant's mouth.  The officers attempted to administer field sobriety tests to our client, but he was unable to stand up without assistance and the officers were concerned for his safety.  He was arrested and charged with OUI.  At trial, we presented evidence that our client had been sucker punched at a party immediately before he drove, and his appearance was the result of a concussion.  The jury found our client not guilty of operating under the influence of alcohol. 

Operating Under the Influence of Alcohol – Not Guilty

An undercover state police trooper was driving behind our client’s car when he observed several motor vehicle violations. Our client was also allegedly holding his phone in front of his face and texting while he was driving. The trooper stopped our client and approached the driver’s side window. The trooper smelled an odor of an alcoholic beverage emanating from our client’s breath and observed that our client’s eyes were red, glassy, and bloodshot. Our client failed multiple field sobriety tests and was arrested. At the station, our client blew a .10 on the Breathalyzer. Following a jury trial, our client was found not guilty.

Operating Under the Influence of Alcohol – Not Guilty

Our client crashed his car into a tree at 4:00 a.m. Police arrived and smelled a strong odor of alcohol on our client’s breath. Our client’s eyes were glassy and he spoke with slurred speech. Our client failed three field sobriety tests at the accident scene and was arrested. At the police station, he registered a .09 on the Breathalyzer. When our client hit the tree, his air bag deployed. We successfully argued that the powder contained within the air bag had corrupted out client’s lungs, causing a false positive on the Breathalyzer reading. Further, we argued that his failure on the field sobriety tests was the result of his collision with the tree. The jury found our client not guilty.

Operating Under the Influence of Alcohol – Not Guilty

A local police officer observed our client speeding. The officer pulled over our client, who drove through a stop sign before stopping. When the officer approached our client, he smelled strongly of alcohol and admitted he had consumed multiple shots of whiskey before driving. The officer asked our client to get out of the car and our client was unsteady on his feet. His eyes were bloodshot and glassy. According to the officer, our client failed two field sobriety tests. Our client blew a .11 on a portable Breathalyzer machine. The jury found our client not guilty.

Negligent Operation of a Motor Vehicle – Not Guilty

Our client was leaving his girlfriend's apartment early in the morning as the sun was rising.  He pulled onto a busy road and was momentarily blinded by the sun.  As a result, he rear ended the car in front of him, which happened to be an undercover police cruiser.  The officer in the cruiser was injured and taken to the hospital.  A sergeant arrived at the scene to investigate and said he saw a thin layer of ice on our client's windshield which prevented our client from having a clear view (which was the basis of the negligence charge).  However, photographs of the accident scene clearly showed that there was no ice (and no residual moisture) on the windshield.  We tried the case and the jury returned a verdict of not guilty.

Operating Under the Influence of Alcohol – Not Guilty

Our client was driving a car that hit a parked vehicle. When the police arrived at the scene, our client was outside his car. He was unsteady on his feet and his breath smelled strongly of alcohol. Our client’s passenger told the police they had been drinking. Our client was arrested for operating under the influence of alcohol. After trial, he was found not guilty.

Operating Under the Influence of Alcohol – Not Guilty

A state trooper stopped our client’s car for weaving and speeding on the highway. The trooper testified that he smelled a strong odor of alcohol coming from our client’s car. Our client’s speech was slurred and his eyes were glassy. Our client admitted to drinking three or four beers. According to the trooper, when our client got out of his car, he was unsteady on his feet and nearly fell down. The trooper said our client failed three field sobriety tests and he blew a .12 on the Breathalyzer. Our client was arrested for operating under the influence of alcohol. After trial, the jury found our client not guilty.

Operating Under the Influence of Alcohol – Not Guilty

Our client was observed taking an illegal left turn and traveling 65 miles per hour in a 30 mile-per-hour zone. The police stopped our client and asked him to step out of his car. Our client smelled strongly of alcohol and was unsteady on his feet. He failed two field sobriety tests and was arrested. Upon being taken into custody, he was confrontational and combative. After trial, the jury found him not guilty.

Operating Under the Influence of Alcohol – Dismissed

Our client slammed his car into a tree while driving home one evening. The police responded and determined our client had been driving the car. Our client had slurred speech and admitted he had been drinking. He failed a series of field sobriety tests and blew a .09 on the Breathalyzer. He was arrested and charged with OUI and negligent operation of a motor vehicle. Both charges were dismissed prior to trial.

Operating Under the Influence of Alcohol (Second Offense) – Not Guilty

Our client caused a car accident on a city street. The police responded and found our client to have slurred speech, bloodshot eyes, and an odor of alcohol on his breath. Our client admitted that he had been drinking and had taken prescription medication. He told the police he wasn’t supposed to drink while taking his medication. He failed a series of field sobriety tests and submitted to Breathalyzer analysis, which supported the police officers’ conclusions that he was under the influence of alcohol and drugs. He was charged with OUI-Drugs and OUI-Liquor, Second Offense. We convinced the judge to dismiss the OUI-Drugs charge prior to trial. Based on the overwhelming evidence of his alcohol intoxication, our client pled guilty to a first offense OUI charge and we had a trial to determine if he had been previously convicted. The prosecutor presented a prior certified conviction from New Hampshire, along with documents from the Registry of Motor Vehicles establishing that our client was found guilty of OUI in 2007. We argued that the documents were unreliable, and our client was found not guilty of being a repeat drunk driver.

Operating Under the Influence of Alcohol – Not Guilty

Our client slammed into another car as he was trying to drive out of a parking lot.  Instead of stopping and giving his information to the other driver, our client exited the parking lot and drove to another nearby parking lot and stopped his car.  The police arrived shortly thereafter and an officer approached our client who was sitting in his car.  The officer asked our client for his license but our client couldn't find his wallet.  The officer noticed our client had bloodshot, glassy eyes and was speaking with slurred speech.  The officer testified at trial that our client smelled strongly of alcohol and was unsteady on his feet when he got out of his car.  The officer asked our client to complete two field sobriety tests: the nine-step walk and turn test and the one-leg stand test.  According to the officer, our client failed both tests and was arrested.  Our client refused the Breathalyzer test.  Following trial, our client was found not guilty of operating under the influence of alcohol.

Operating Under the Influence of Alcohol – Motion to Suppress Allowed

Our client was driving home one evening when he was stopped at a sobriety roadblock. The screening officer noticed that our client smelled like alcohol and had bloodshot, glassy eyes. Our client also had slurred speech. The officer asked our client to get out of the car, and he was unsteady on his feet. He failed a series of field sobriety tests and blew a .11 on the Breathalyzer. He was arrested and charged with OUI. We filed a motion to suppress his stop, arguing that the police had not honored the regulations governing the roadblock. Following a hearing, a judge agreed with us and suppressed our client’s stop and seizure. The Commonwealth was therefore forced to dismiss the case.

Operating Under the Influence of Drugs – Dismissed

Our client was involved in a car accident.  When the police arrived, they interviewed our client who appeared to be under the influence of drugs.  Our client admitted he had injected heroin an hour before the accident and had fallen asleep while driving.  Our client had a hypodermic needle in his pocket.  We filed a motion to exclude the police officer's opinion that our client was under the influence of drugs, because such an opinion was not supported by a proper scientific basis.  The case was dismissed prior to trial.

Operating Under the Influence of Alcohol (Second Offense)

Our client rear ended a parked car. When the police arrived, our client was pacing back and forth outside his vehicle. The police reported that our client smelled like an alcoholic beverage and he was unsteady on his feet. He admitted to the police that he had been drinking before the accident. When a tow truck arrived to remove the damaged vehicles, our client became belligerent and was arrested. He refused to take the Breathalyzer at the police station. Our client was charged with operating a motor vehicle under the influence of alcohol, second offense, and the judge allowed our motion to dismiss prior to trial.

Operating Under the Influence of Alcohol (Third Offense) – Probation Terminated

While represented by another attorney, our client pled guilty to operating under the influence of alcohol – third offense. His driver’s license was suspended as a result of the conviction. While on probation, our client was re-arrested for driving while his license was still suspended. Our client’s probation officer asked the judge to sentence our client to a lengthy jail sentence. We persuaded the judge to terminate our client’s probationary period and dismiss the case.

Operating Under the Influence of Drugs – Dismissed

Our client’s car was stopped at a state police roadblock. When the trooper approached our client’s window, he smelled an overwhelming odor of burnt marijuana and a moderate odor of alcohol. Our client’s eyes were red and bloodshot and his speech was slurred. He told the trooper that he had smoked marijuana a few minutes before being stopped. After failing a series of field sobriety tests, our client was arrested. Our client submitted to Breathalyzer analysis and blew a .16. Our client was charged with operating under the influence of drugs and operating under the influence of alcohol. We filed a motion to suppress the stop of our client, arguing that the police had failed to follow the proper protocol in administering the roadblock. The judge allowed our motion to suppress and the case was dismissed.

Operating Under the Influence of Alcohol – Dismissed

Our client was stopped at a state police sobriety roadblock. A state trooper smelled a strong odor of an alcoholic beverage coming from our client’s car. Our client told the trooper had been drinking at a bar. His speech was slurred and his eyes were bloodshot and glassy. Our client submitted to, and failed, several field sobriety tests. After being arrested, our client blew a .13 on the Breathalyzer. He was charged with operating under the influence of alcohol and the case was dismissed prior to trial.

Leaving the Scene of Personal Injury – Dismissed

Our client was driving his car when he hit a four-year-old boy in a wheelchair. The boy’s mother told the police that our client left the scene without identifying himself. A further investigation led the police to our client. He was charged with leaving the scene of an accident causing personal injury, and the case was dismissed prior to trial.

Receiving a Stolen Motor Vehicle (Subsequent Offense) – Dismissed

Our client has a long criminal record, including prior convictions for receiving stolen motor vehicles.  In this case, the police were investigating the report that a local company's van had been stolen.  The police found the van in a parking lot and discovered our client and his brother inside (with our client sitting in the driver's seat).  Our client could not explain how he came into possession of the stolen vehicle.  He was arrested and charged with a receiving a stolen motor vehicle (subsequent offense), which carries a mandatory minimum jail sentence of one year.  The case was dismissed prior to trial.

Operating Under the Influence of Alcohol – Dismissed

Our client was stopped by a state trooper around midnight for motor vehicle infractions. When the trooper approached our client’s car, he smelled an odor of an alcoholic beverage on his breath and noticed that his eyes were bloodshot and glassy. When our client got out of his car, he stumbled and used the car door to hold himself up. Our client failed two field sobriety tests and admitted to the trooper that he had been drinking. He submitted to the Breathalyzer test and blew a 0.11. The client was charged with operating a motor vehicle while under the influence of alcohol and the case was dismissed prior to trial.

Operating Under the Influence of Drugs – Dismissed

The police responded to a single car accident and found our client trying to drive through a snow bank. While the police officer was checking our client’s registration, our client fell asleep in the driver’s seat. The officer woke up our client and asked her to step out of the car. Our client was unsteady on her feet, had glassy eyes, and spoke with slurred speech. Prescription medication was found in our client’s purse. Our client was arrested and transported to the police station, where she admitted to the booking officer that she was “buzzed.” Our client was charged with operating under the influence of drugs, and the case was dismissed prior to trial.

Leaving the Scene of Property Damage – Dismissed

A woman contacted the police and said her car, which was parked on the side of the road, had been hit by another car which had fled the scene. Police officers witnessed damage to the woman’s car. An independent witness identified our client’s car as having been involved in the accident. Our client was charged with leaving the scene of property damage. The case was dismissed prior to trial.

Operating Under the Influence of Alcohol – Dismissed

Our client was stopped at a police checkpoint. The police asked him if he had been drinking and our client admitted to consuming 4-5 drinks. The police asked him to get out of his car and he had problems keeping his balance. He failed several field sobriety tests and failed the Breathalyzer test. We filed a motion to suppress, arguing that the police had not followed proper protocol in administering the checkpoint. The judge agreed with us and allowed our motion to suppress. The Commonwealth then dismissed the case.

Leaving the Scene of Property Damage – Dismissed

The police responded to a wooded area to investigate the report of a car accident. The police found our client’s car on its roof with significant damage to the vehicle and the surrounding landscape. Police officers then went to our client’s house and found our client on his porch. He said he was alone in the car and didn’t remember the specifics of the accident. Our client was charged with one count of leaving the scene of property damage. The case was dismissed prior to trial.

Operating Under the Influence of Alcohol – Dismissed

A state trooper observed our client driving his car on the highway. Our client allegedly swerved across several lanes without signaling and failed to stop immediately when the trooper activated his emergency lights. The trooper reported that our client had bloodshot eyes and an odor of alcohol on his breath. The trooper observed our client to be unsteady on his feet when he got out of his car. Our client failed two field sobriety tests and blew a .09 on the Breathalyzer machine. The case was dismissed prior to trial.

Taking and Stealing Parts from a Motor Vehicle – Dismissed

A building owner kept his pickup truck in the building's parking lot.  One day, his tenant called to report that our client had vandalized the truck.  The truck's owner responded and learned that our client had used a saw to cut out the vehicle's catalytic converters.  In addition to the theft charge, our client was charged with malicious damage to a motor vehicle.  Both charges were dismissed prior to trial.

Leaving the Scene of Property Damage – Dismissed

A vehicle slammed into a property owner's stone wall, causing extensive damage to the wall and the front yard.  The driver fled the scene before being identified.  The cops arrived and towed the car to a police lot.  The next day, a woman identifying herself as our client reported to the police station, presented our client's driver's license and AAA card, and said she had been driving the car.  As a result, our client was charged with leaving the scene of property damage.  We presented evidence that our client's license had been stolen and on the date of the accident, she was bedridden as a result of a recent medical issue.  The case was dismissed prior to trial. 

Operating Under the Influence of Drugs – Dismissed

Our client was driving on Route 3 when he lost control of his car, swerved off the road, and drove 300 yards into the woods. His car ultimately got stuck in a swamp. When the police arrived, our client told them that he had been snorting cocaine and was hallucinating while he was driving. He was placed under arrest for operating under the influence of drugs. His case was dismissed prior to trial.

Leaving the Scene of Property Damage – Dismissed

A police officer witnessed our client commit a marked lanes violation.  The officer attempted to stop our client, who continued to drive away.  After a period of time our client finally stopped and was arrested.  A followup investigation revealed that two witnesses saw our client collide with a parked car and continue to drive.  In addition to failure to stop, our client was charged with leaving the scene of property damage.  Both charges were dismissed prior to trial. 

Reckless Operation of a Motor Vehicle – Dismissed

The police observed out client driving his car 55 miles per hour in a 30 mile-per-hour zone. A police officer began following our client and saw him slam on his breaks causing the car to smoke and debris to fly from the road. Our client then drove through a stop sign before being stopped by the police. He was charged with reckless operation and operating an uninsured vehicle. All charges were dismissed prior to trial.

Leaving the Scene of Property Damage – Dismissed

The police were dispatched to the scene of a car accident.  When they arrived, the police saw a car that had slammed into a telephone pole, causing significant damage.  A witness to the accident provided a description of the driver and said the driver had locked the car and then fled the scene.  The police determined that the car was registered to our client's mother, who said our client had been driving that night.  Our client later admitted to the police that he had caused the accident and then run from the scene.  He was charged with leaving the scene of property damage and the case was dismissed prior to trial.

Client Reviews
I hit a guy on a bike after I took Oxycontin that was prescribed by a doctor. We went to trial and I was found not guilty of operating under the influence of drugs. Because of Chris I was able to get my license back right away.
★★★★★
The police beat me up and charged me with resisting arrest. I have a long criminal record. Mr. Spring took me to trial and the jury found me not guilty. Mr. Spring showed the cops were lying.
★★★★★
I had a fender bender with a cop car during bad weather and the police charged me with negligent driving. Chris was my lawyer and I was found not guilty by the jury.
★★★★★
The cops said I tried to hit them with my car. Chris got a surveillance video that showed they were lying. The jury said I was not guilty.
★★★★★
I was stopped for a DWI and I failed all the field tests. Chris explained to the jury why I failed to field tests and I was found not guilty.
★★★★★