Driving Offenses & Traffic Violations Case Results
Boston MA
Our defense attorneys have many years of experience defending people charged with driving offenses, from license and insurance issues to motor vehicle homicide.
Competent Legal Representation:
Driving Offenses & Traffic Violations Case Results
by Leon & Davis Criminal Defense Lawyers
December, 2021
Charges of OUI and negligent operation dismissed against Attorney Davis’s client.
November 2017
Client was charged with Armed Career Criminal Level 1, Carrying a Firearm without a License, OUI-Liquor, and Unlicensed Operation of a Motor Vehicle after police found a gun in his car after they pulled him over for erratic driving and swerving into the opposite travel lane multiple times. Client was slurring his words, had a strong odor of alcohol on his breath, and his eyes were glassy and bloodshot. He failed all four field sobriety tests he was given by police, including the walk-and-turn, one-leg stand, and counting exercise. Client agreed to take a breathalyzer test and registered a 0.21, almost three times the legal limit. He admitted to drinking half a bottle of liquor and that he did not have a license to carry a firearm. Client faced a mandatory minimum prison sentence of 3-15 years if convicted on the gun charge due to the armed career criminal sentencing enhancement. Attorney Leon convinced the prosecutor to dismiss the gun charges two months after arraignment after his pretrial investigation revealed exculpatory information showing that client did not possess the gun and was unaware of it as he had only recently purchased the car. At trial, Attorney Leon successfully excluded the 0.21 breathalyzer reading and client was found Not Guilty on all remaining charges after trial.
September, 2017
After trial, Attorney Davis’s client was acquitted of child endangerment.
September 2015
Client was charged with OUI-Liquor Second offense after he was pulled over by police with both of his young children in the car. Police noted a strong odor of alcohol on client’s breath, slurred speech, along with glassy and bloodshot eyes. They found an open beer in the cup holder. Client was unsteady on his feet and unable to maintain his balance when removed from the car. He then failed field sobriety tests including the one-legged stand. He began screaming and swearing at the officers stating that he’d been drinking all day and was uncooperative with hospital staff and during the booking process. The first trial ended in a hung jury when a unanimous verdict could not be reached. On the morning of the second trial date, Attorney Leon was successful in persuading the judge to dismiss the case over the objection of the prosecutor.
July 2015
Client was charged with Operating with a Suspended License and Driving an Uninsured Motor Vehicle. Attorney Leon was able to persuade the prosecutor to dismiss the case prior to arraignment in exchange for 4 hours of community service. As a result, the case was not arraigned and will never appear on client’s record.
April 2015
Client was charged with OUI-Drugs after he was accused of driving under the influence of marijuana. Client was hit by another driver who made an illegal left turn late at night. Three of the passengers in his car went to the hospital and so did the driver of the other car. Police arrived on scene and during an inventory search of client’s car they found the remnants of five joints in an ashtray and two marijuana grinders in plain view. State troopers went to the hospital and the front seat passenger in client’s car told them that they had smoked marijuana 40-45 minutes before the crash. The prosecutor obtained the hospital records showing that client had a positive screen for marijuana and client was then charged. Attorney Leon retained a medical expert in toxicology to explain the effects or marijuana to a jury and what a positive marijuana screen could tell them such as the amount used and when it was used. Attorney Leon scheduled the case for trial as the prosecution would not dismiss the case. On the morning of trial, the prosecution’s drug recognition expert conceded that the prosecutor should have obtained a toxicologist to interpret the medical records. The case was called and the prosecutor told the judge that he was not ready for trial and would need more time. Attorney Leon asked the judge to dismiss the case after explaining why the prosecutor was seeking more time. The case was then dismissed over the prosecutor’s objection.
December, 2014
Attorney Davis’s client was charged with Insurance Fraud after accurately reporting that another car hit his vehicle and drove away. After cross-examination of several witnesses, including an accident reconstruction expert, the jury deliberated for less than hour before returning a verdict of not guilty.
November 2014
Client was charged with Operating with a Revoked License as a Habitual Traffic Offender and faced up to 2 years in jail because of the habitual traffic offender enhancement. The prosecutor was seeking a jail sentence of 60 days in exchange for pleading guilty. Attorney Leon filed discovery motions with the court for the underlying RMV records and set the case for trial. On the day of trial, the prosecutor had the state trooper and a witness from the RMV present with the certifications showing that client’s license was revoked at the time he was pulled over. Attorney Leon persuaded a judge to dismiss the case because the prosecutor failed to obtain the court-ordered RMV records showing the basis for client’s adjudication as a habitual traffic offender. The case was dismissed over the prosecutor’s objection.
November 2014
Client was charged with Operating with a Suspended License and Driving an Uninsured Motor Vehicle. The prosecutor wanted client to plead guilty because of client’s previous driving record including multiple license suspensions. The case was scheduled for trial and Attorney Leon was able to get all charges dismissed.
August 2014
Client was charged with OUI-Liquor after failing to stop at a crosswalk for two people over Fourth of July weekend. A state trooper pulled him over and smelled a strong odor of alcohol on his breath and his eyes were red and glassy. Client’s speech was slurred and he admitted to drinking all day at the beach after police found a liquor bottle that was almost empty. He then failed several field sobriety tests, including the walk-and-turn test and the one-leg stand. Today, Attorney Leon persuaded a judge to allow his motion to dismiss the case over the prosecutor’s objection.
April 2014
Probation Violation Hearing Withdrawn and Dismissed. Client was on probation for OUI-Liquor and leaving the scene of property damage after she crashed into an MBTA bus. Her probation officer issued a probation violation notice asking that she be found in violation of probation because she had not completed the court-ordered 24D alcohol program despite being given numerous prior chances. Her probation had been extended on multiple prior occasions to give her time to complete the program. Attorney Leon persuaded a judge to terminate client’s probation early despite never participating in the 24D alcohol program and the case was dismissed.
March 2014
Client was charged with OUI-Drugs after he was pulled over by the police. They saw client driving slowly and his vehicle weaving from side to side. Client almost came in contact with the front end of the marked police cruiser. Police saw client driving with only his left hand as he smoked from a joint in his right hand. Police pulled client over when they saw that he had an extremely lethargic look on his face and appeared as if he was about to fall asleep. Client was still smoking what police believed to be a joint when he was stopped. Client was unresponsive to questioning and appeared highly intoxicated with glassy, bloodshot eyes and was swaying as he tried to maintain his balance. Police noted that client was unable to operate his cell phone correctly due to his state of intoxication. Forensic testing revealed that the substance was K2 and not marijuana. Attorney Leon researched K2 and determined that it was a synthetic substance which did not qualify as a drug under the statute. He filed a motion to dismiss and persuaded a judge to allow the motion.
January 2014
Client was charged with Leaving the Scene of Property Damage after she was accused of causing an accident with two other cars on the Mass Pike and fleeing. Attorney Leon obtained evidence proving that client was not driving at the time of the accident and had allowed another person to drive her car that day to run errands. Attorney Leon provided the results of his investigation to the prosecutor but they would not dismiss the case. Attorney Leon was able to get the case dismissed on the morning of trial when he provided the evidence proving client was not driving to a different prosecutor who agreed that client was wrongly charged.
October, 2013
Client was accused of OUI after almost crashing into a police cruiser. At trial, Attorney Davis was able to prove that his client was not impaired. A jury returned in a not guilty verdict in less than two hours.
October 2013
Client was charged with OUI-Liquor and Negligent Operation of a Motor Vehicle after driving into a parked car in front of a state police barracks. Troopers arrived to find his car with heavy front-end damage and another car completely up on the sidewalk from the impact. The owner of the parked car had just gotten out with her husband before the crash. Client told police that he didn’t know what happened and was coming from his friend’s house. Troopers spoke with a witness who said that client’s car was speeding before it struck the parked car and pushed it up onto the sidewalk. Client was unsteady on his feet, had slurred speech, and was unable to recite the alphabet. He was taken to the hospital because of a head injury. Attorney Leon filed a motion to dismiss the OUI Liquor charge because there was no evidence in the police report that alcohol was involved because it did not contain an allegation of an odor of alcohol coming from client or any alcohol found in the car. The prosecution responded by filing a motion seeking a court order for client’s medical records to obtain his blood alcohol content to show that client was intoxicated. On the day of the hearing on the motions, Attorney Leon persuaded the judge to dismiss the OUI Liquor charge and allow client to resolve the remaining negligent driving charge with a continuance without a finding for 15 months. The prosecutor was seeking a 2-year jail sentence with 60 days to serve and the balance suspended for 2 years of probation with conditions that client not drink alcohol and submit to random alcohol testing. As a result, client had the OUI charge dismissed, avoided a conviction on the negligent driving charge, and the case was dismissed after 15 months.
October 2013
Client was charged with Operating with a Revoked License as a Habitual Traffic Offender and faced up to 2 years in jail as a result. Attorney Leon persuaded a judge to dismiss the case over the prosecutor’s objection.
September 2013
Client was charged with Operating with a Revoked License. The prosecutor was seeking a conviction and jail time because client was a repeat offender. The case was set for trial because we could not reach an acceptable resolution. On the day of trial, the prosecutor was ready to proceed with the police officer and witness from the RMV. Attorney Leon persuaded a judge to dismiss the case over the prosecutor’s objection on the grounds that the prosecutor failed to provide the RMV records by the court-ordered compliance date. The case was dismissed.
September 2013
Client was charged with Operating with a Suspended License and Registration and Driving an Uninsured Vehicle. Client was a single mother of three children who did not realize that her insurance had lapsed after she had recently lost her job. The prosecutor was seeking a guilty plea because the client had several open cases for the same charges in different courts. The case was set for trial because the prosecutor would not agree to dismiss the case. On the day of trial, Attorney Leon persuaded a judge to dismiss all charges.
August 2013
Client was charged with Operating with a Suspended License. The prosecutor said that they would only consider resolving the case ahead of trial if the client decided to plead guilty. Pleading guilty was unacceptable to the client and the case was scheduled for trial. On the day of trial, Attorney Leon persuaded a judge to dismiss the case.
June 2013
Client was charged for Operating with a Suspended License when police were called after he rear-ended another car. Client admitted to police that his license was suspended. The prosecutor wanted client to plead guilty and pay full restitution in exchange for recommending probation because of the amount of damage caused to the other car. However, the prosecutor did not realize that they had summonsed the wrong RMV records to court. Attorney Leon scheduled the case for trial and persuaded a judge to dismiss the case because there was no documentary evidence proving that client’s license was suspended.
June 2013
Client was charged with Possession with Intent to Distribute Oxycodone and Operating with a Suspended License after police searched his car. A state trooper decided to run an RMV check on client’s car when client was parked in a parking lot. The trooper determined that his license was suspended and told client he would get a summons. The trooper then asked for permission to search and client consented. The trooper found the corner of a plastic bag he believed was consistent with cocaine packaging along with 46 pills of Oxycodone and a large amount of cash. Attorney Leon persuaded a judge to dismiss all charges over the prosecutor’s objection.
April 2013
Client was charged for Operating with a Suspended License and Registration when a state trooper pulled him over. Client admitted to police that his license was suspended. The prosecutor would not dismiss the case and wanted client to plead guilty due to his driving record. Attorney Leon scheduled the case for trial and persuaded a judge to dismiss the case over the prosecutor’s objection.
March, 2013
Attorney Davis’s client was wrongfully accused of leaving the scene of personal injury. After trial, Attorney Davis’s client was acquitted.
January 2013
Client was charged with OUI-Drugs after he was accused of driving under the influence of heroin after he crashed into the back of a parked box truck. A passing driver alerted police to the crash and they found client unconscious behind the wheel. Police saw the torn corner of a plastic sandwich bag that was consistent with heroin packaging in his lap. A state trooper shook him awake and client woke up in a daze. Client initially said he was sleeping but then admitted that he shot up “a third of an eight ball” down the street and was waiting to get into a program for his heroin problem. Police had him exit the car and he was unsteady on his feet and had very little balance. Police then searched the car and found a spoon in the center console with a hypodermic needle and syringe. Client had trouble staying awake when he was sitting on the curb waiting for an ambulance. Attorney Leon filed a motion to suppress the client’s statements to police on the grounds that they were not voluntarily made. The motion was denied by a judge; however, at the hearing on the motion, Attorney Leon cross-examined the arresting trooper and he testified inconsistently about significant aspects of his report and appeared to perjure himself when discussing his actions on-scene. Attorney Leon obtained a transcript of the motion hearing and provided it to the prosecutor and highlighted the trooper’s credibility issues from the hearing. On the morning of trial, the prosecutor filed a motion to dismiss the case and told the judge that there was insufficient evidence to go forward and could not sustain their burden of proof. The case was then dismissed.
November 2012
Client was charged with Reckless Operation of Motor Vehicle after a traffic accident. Client had met up with her estranged husband to discuss child support and custody issues. They ended up arguing and as client tried to leave, her husband pulled out in front of her to cut her off and she rear-ended him. Her husband claimed that he was parked on the side of the road waiting for client when she arrived and drove right into the back of his car. Police decided to believe her husband and charge client. Attorney Leon’s investigator located a witness who said that the incident occurred as client described it. On the day of trial, Attorney Leon was successful in persuading a judge to dismiss the case.
October 2012
Client charged with Larceny of a Motor Vehicle after police arrived on scene to find client with a stolen motorcycle along with a police radio scanner in his pocket. Attorney Leon’s investigation obtained video evidence from local businesses showing that the victim used his SUV to follow client on the motorcycle and then cut in front of him causing client to jump the curb and crash. Thus, the video showed that the victim engaged in reckless operation of his SUV and committed assault with a dangerous weapon in his attempt to recover his stolen motorcycle. On the morning of trial, the victim chose to invoke his Fifth Amendment privilege not to testify to avoid incriminating himself and the case was dismissed.
July 2012
Client was charged with Resisting Arrest, Unlicensed Operation of a Motor Vehicle, and Number Plate Violation to Conceal Identity after putting false plates on his car and crashing into another car. Client stayed on scene after the accident until police arrived but he was arrested and fought with police as they were trying to subdue him. Client did not speak English and could not understand what police were saying to him when they tried to place him in handcuffs as soon as they approached. Client was 22 years old and worked full-time delivering furniture during the day and worked at a restaurant at night. Attorney Leon discussed client’s situation with the prosecutor and persuaded him to dismiss the case on the payment of $200 in court costs. The case was then dismissed.
January 2012
Client was charged with Negligent Operation of a Motor Vehicle after he rear-ended two cars while speeding. Police smelled an odor of alcohol on his breath and he admitted to drinking at a party that night. He passed several field sobriety tests and was only charged with negligent driving. Attorney Leon discussed the case with the prosecutor and persuaded him to dismiss the case.
January 2012
Client was charged with Leaving the Scene of Property Damage after she let a friend borrow her car. Client was charged when the friend caused a serious accident and fled the scene. Police used the license plate to charge client after they assumed she was the driver. Attorney Leon filed a motion to dismiss the case on the grounds that police did not have probable cause to charge client because there was insufficient evidence to show that she was driving the car at the time of the accident. On the day of the hearing, the prosecutor agreed that the police lacked probable cause and the case was dismissed.