James Milligan

Commonwealth v. L .P. – Brockton District Court– Brockton Police Department

Charge: OUI Result: OUI- Not Guilty Client was stopped by police for failing to remain within the marked lane of travel. Officer approached the vehicle and detected a strong odor of an alcoholic beverage emanating from the client’s breath when she spoke. Client admitted to having two beers when asked by the officer. Client was […]

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Commonwealth v. M.W. – Attleboro District Court– Mansfield Police Department

Charge:   Operating Under the Influence Result:  OUI- Not Guilty Client was stopped by police for running a red light. Officer approached the vehicle and immediately detected a strong odor of alcohol coming from within the vehicle. Client’s speech was slurred and his movements were slow and fumbled. Officer also observed the client’s eyes to be

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Commonwealth v. A.S. – Worcester DC – Northborough Police Department

Charge: OUI 2nd Offense, Negligent Operation of Vehicle, Marked Lanes Violation, License Suspended/Revoked, Number Plate Violation, Failure to Stop/Yield Result: OUI-Not Guilty Client was stopped by police after reports were made of an erratic driver. Officer spoke with the client and detected a moderate odor of an alcoholic beverage coming from his breath. Client stated

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Possible Massachusetts DUI OUI Convictions Since 2011 Overturned

On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued  findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance. This investigation comes on the heels of allegations from Attorney Jay Milligan and

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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys

A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with

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Commonwealth v. A.E. – Woburn DC – Wilmington Police Department

Charge: OUI, Speeding Result: OUI-Not Guilty Client was stopped for speeding. Officer approached the vehicle and immediately detected a strong odor of an alcoholic beverage coming from inside the vehicle. Officer observed the client’s eyes to be glassy and bloodshot, and it was noted that the client was slurring his speech. Officer administered a series

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Commonwealth v. M.C. – Brockton DC – Middleboro State Police

Charge: OUI, Marked Lanes Violation, Speeding Result: OUI-Not Guilty Client was stopped by police as a result of speeding and crossing over the marked lane on multiple times. Officer approached the vehicle and observed the client’s eyes to be glassy and bloodshot. Officer detected a moderate odor of an alcoholic beverage emanating from the client’s

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Commonwealth v. M.C. – Falmouth DC – Bourne State Police

Charge: OUI, Negligent Operation of Vehicle, Marked Lanes Violation Result: OUI-Not Guilty Officer spotted client’s vehicle swerving off the roadway. Officer approached the vehicle and detected an overbearing odor of an alcoholic beverage emitting from the client’s breath. Client’s eyes were observed to be glassy and bloodshot and his speech was slurred. Client admitted to

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Commonwealth v. Z.Z. – Hingham District Court – Hingham Police Department

Charge: OUI, Marked Lanes Violation, Speeding, Operating to Endanger Result: OUI-Dismissed Client was seen speeding and crossing over the solid white fog line multiple times. Officer approached the vehicle and observed the client’s eyes to be very red, glassy, and bloodshot. Officer also detected a strong odor of alcoholic beverage emanating from the client. Client

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Commonwealth v. T.R. – Milford DC – Hopedale Police

Charge: OUI, Negligent Operation of Vehicle, Lights Violation, MV Result: OUI-Not Guilty Client was stopped by police after operating a vehicle with no headlights. Officer approached the vehicle and immediately detected a strong odor of alcoholic beverage emanating from within the vehicle. Officer observed the client’s eyes to be glassy and bloodshot and the odor

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