Massachusetts OUI laws set harsh penalties for conviction, including the most potential jail time for first offenders among all U.S. states. It pays to find an experienced OUI attorney as quickly as possible and get started constructing an effective defense. Rated among the very best OUI lawyers in Massachusetts, Attorney Joe Higgins brings specialized expertise, professionalism, empathy, and tenacity to every case.
The results Attorney Higgins has achieved for his clients are all the proof you’ll need to believe that he understands how to beat an OUI in Mass, and will fight to earn the best possible outcome for your case. Let’s take a look at some of the strategies he’s used to do it:
How to Beat an OUI in Mass: 5 Attorney Higgins Cases
Commonwealth v. J.I.
- Concord District Court (Maynard Police)
- Charge: OUI THIRD OFFENSE
- Outcome: DISMISSED
- How: This case proves the value of understanding “reasonable suspicion.” A Maynard Police Officer observed the client’s vehicle driving by from a stopped position in a parking lot. The officer detected an odor of marijuana in the air after the vehicle passed by, which led the officer to follow the vehicle and initiate a traffic stop. The client was arrested after performing poorly on field sobriety tests and smelling of both alcohol and marijuana. Attorney Higgins filed to suppress the traffic stop evidence on the grounds that the odor of marijuana was insufficient to establish “reasonable suspicion” to justify the stop. The judge agreed. Case dismissed.
Commonwealth v. K.B.
- Dudley District Court (Sturbridge Police)
- Charge: OUI FIRST OFFENSE
- Outcome: NOT GUILTY
- How: Discrepancies in witness testimony (or between testimony and physical evidence) are often critical to the outcome of a case. A Sturbridge Police Sergeant initiated a traffic stop on Route 131 that was caught entirely on a cruiser camera. The officer observed signs of drunkenness in the client and reported poor performance on several Field Sobriety Tests. However, Attorney Higgins was able to use cross examination of the Sergeant as well as the recording on the dash cam video to call the facts into question and secure a Not Guilty verdict.
Commonwealth v. E.I.
- Taunton District Court (Easton Police)
- Charge: OUI SECOND OFFENSE
- Outcome: NOT GUILTY
- How: It is the duty of the state to prove guilt “beyond a reasonable doubt.” While the arresting officer in this case concluded that the client—who was stopped after a “wide radius” turn onto Bay Road—was intoxicated and impaired, Attorney Higgins was able to cast doubt on these opinions. Higgins devoted time at the jury-waived trial to establishing a number of things the client actually did well during the incident, creating “reasonable doubt” in the mind of the presiding judge. The result? Not Guilty.
Commonwealth v. P.S.
- Brockton District Court
- Charge: CHILD ENDANGERMENT WHILE OUI & OUI THIRD OFFENSE
- Outcome: NOT GUILTY
- How: The client in this case consented to and failed a breath test with a BAC reading of 0.09%. However, even a failed breath test is not definitive proof of guilt. Attorney Higgins reviewed breath test documents for irregularities, and was able to suppress the test results as well as a number of incriminating statements made by the client. With too little evidence to establish guilt, the client was found Not Guilty on both charges (OUI and Child Endangerment).
Commonwealth v. L.C.
- Taunton District Court (Taunton Police)
- Charge: OUI THIRD OFFENSE
- Outcome: NOT GUILTY
- How: Medical conditions can substantially impact OUI cases. In addition to inconsistencies in testimony and suppression of certain statements from the evidence, Attorney Higgins was able to provide compelling evidence that the client suffered from a medical condition which significantly impairs balance and coordination in Field Sobriety Tests. This discredited the officer’s observations and led to a verdict of Not Guilty.
These five examples demonstrate how to beat an OUI in Mass through various methods, but they’re just the beginning. Retain qualified legal counsel from an experienced OUI attorney like Joe Higgins who knows the ins and outs of Massachusetts OUI laws and the many potential OUI / DUI defenses that will be relevant in your case.
Only local, specialized OUI lawyers in Massachusetts have all the tools to earn the best possible results. Attorney Higgins’ past clients are glad to share what they valued about working with Joe:
“I found Joe after a thorough research for an attorney after being charged with multiple charges, the most significant being child endangerment. I’m a licensed teacher and this was my first offense, so it was imperative that my lawyer be competent with my case. Attorney Higgins demonstrated an extensive knowledge of the law and was very clear from the beginning about what he expected both worst case and best case scenario. He provided guidance throughout the process and was always available when I reached out. Ultimately Attorney Higgins was able to get all EIGHT charges dismissed (some with probation) and at an affordable price considering my financial future was at stake. I highly recommend him to anyone in need of a criminal defense attorney.”
— Jessica, OUI Client
