Drunk Driving and OUI Case Results
Boston MA

Find your best drunk driving and OUI defense lawyer in Massachusetts  who is ready to fight for you. The defense attorneys at Leon & Davis have extensive experience defending all levels of OUI charges.

Drunk Driving & OUI Defense 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.

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.

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.

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.

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.