OUI Drugs (4th Offense) - Dismissed
Possession Class A (6th Offense) - Dismissed
Westboro District Court. The Defendant, a 54 year old gentleman, was taken out of his vehicle by police and paramedics who arrived on scene to find the Defendant’s vehicle parked horizontally across the road pointing into the woods after an apparent accident. Found in plain view in the vehicle were 10 full bags of what appeared to be heroin, numerous empty heroin bags, 10 hypodermic needles and a soda can ripped in half with burn marks on the bottom, all of which was taken into evidence. The Defendant was taken to UMASS and police applied for complaints for OUI Drugs and Possession Class A, Subsequent Offense. Despite five (5) previous OUI arrests, three (3) of which resulted in convictions and six (6) previous convictions for Possession Class A and/or Possession Class A, Subsequent Offense, several of which resulted in 1 year jail terms, Attorney Casale was able to have the charges issued as straight OUI Drugs and Possession Class A, dropping the “subsequent offense” designations. In the District Court, despite the defendant’s seven (7) page CORI (Criminal Offender Record Information) Attorney Casale was able to get all charges dismissed upon a showing that Defendant had entered and completed detoxification and aftercare, was now living in sober housing and had produced several clean drug screens. Instead of serving time in jail and losing his license for 10 years or more, he is now clean and sober with a valid Massachusetts license with all charges Dismissed!
OUI - NOT GUILTY - License Reinstated by Judicial Order
Westboro District Court. In this case the 25 year old male was stopped by local police on Route 9 for speeding. The Officer reported observations of a strong odor of alcohol, bloodshot and glassy eyes. The Officer deemed that the Defendant failed a variety of field sobriety tests. Our client was arrested and charged with Operating Under the Influence of Alcohol (OUI) and Speeding. At trial, Attorney Casale obtained a verdict of Not Guilty and upon Attorney Casale's motion, the judge ordered our client's license to be reinstated, despite his refusal to take the Breath Test.
OUI - Judge Takes Verdict Away From Jury to Order NOT GUILTY
Milford District Court (Worcester Trial Court). A 37 year old man was charged with Operating Under the Influence of Alcohol after an anonymous caller informed police that the car was seen operating erratically on Route 495. The Officer claimed that Defendant failed multiple Field Sobriety Tests and blew a .10 on the Breathalyzer Test. Attorney Casale convinced the judge that despite the Defendant's taking both the Field Sobriety Tests and the Breath Test, that the District Attorney had failed to prove all elements of the crime and that he should Direct the Verdict himself. The judge agreed and found our client Not Guilty on all charges.
OUI - NOT GUILTY - Jury Verdict
Westboro District Court. In this matter, a 26 year old man was stopped on Route 9 for speeding. The Officer stated that when speaking with the Defendant, he noticed that his eyes were red and glassy and his speech was slurred. The Officer also claimed to detect a strong odor of alcohol emanating from the vehicle. The Defendant was ordered to exit the vehicle and perform multiple field sobriety tests. The Officer claimed the Defendant was unable to pass these tests and refused to take the breathalyzer test. The Defendant was arrested and charged with Operating Under the Influence and Speeding. Attorney Casale successfully convinced a six person jury to find the Defendant Not Guilty of Operating Under the Influence of Alcohol.
Operating Under the Influence of Alcohol - Not Guilty
Leaving Scene of Property Damage - CWOF
Westboro District Court. A 17-year-old young man was charged with Operating Under the Influence, Leaving the Scene of Property Damage, and Marked Lanes Violation. After admitting to the police that he had operated the vehicle, failing multiple Field Sobriety Tests and blowing a .13 and .14 on the Breath Test, at trial, Attorney Casale convinced the judge that he should find our client Not Guilty of Operating Under the Influence and Leaving the Scene of Property Damage.
OUI Reduced to Negligent Operation - CWOF
Westboro District Court. A 26 year old man was stopped for driving under the speed limit and weaving. A registration check also showed that the vehicle was not properly inspected. The Officer claimed to smell a moderate odor of alcohol emanating from the vehicle. The Defendant was asked to perform multiple field sobriety tests, which the Officer claimed that the Defendant failed. The Defendant was subsequently charged with Operating Under the Influence, Unlicensed Operation of a Motor Vehicle, and No Inspection Sticker. Attorney Casale successfully negotiated with the District Attorney's Office to have the OUI reduced to Negligent Operation of a Motor Vehicle which was continued without a finding (CWOF) for one year and then dismissed. The Defendant was found not responsible for No Inspection Sticker and the Unlicensed Operation charge was dismissed.
