James Milligan

Commonwealth v. B.T. – Attleboro District Court– Mansfield Police Department

Charge: OUI, Negligent Operation of MV, Speeding, Marked Lanes Violation Result: OUI- Not Guilty Client was stopped after an officer determined his vehicle to be driving erratically and operating at a very high rate of speed in bad weather conditions. Officer approached the vehicle and detected a distinct odor of an alcoholic beverage coming from […]

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Commonwealth v. M.P. – Quincy District Court– State Police

Charge: OUI Result: OUI- Not Guilty Client was observed speeding and making several marked lanes violations and was stopped by police. Officer approached the vehicle and immediately detected a strong odor of an alcoholic beverage emanating from within the vehicle. Officer observed the client’s eyes to be bloodshot and glassy, and he spoke with slurred

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Commonwealth v. D.C. – Dedham District Court– Wellesley Police Department

Charge: OUI, Operating to Endanger, Marked Lanes Violation Result: OUI- Not Guilty Client (College Student) was involved in a one car motor vehicle crash. Officers arrived and noted there were four males in the vehicle which appeared to be alert and conscious. As the officer spoke with the client he detected an odor of an

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Commonwealth v. R.H. – Marlborough District Court– Marlborough Police Department

Charge: OUI 3rd Offense, Marked Lanes Violation Result: OUI- Not Guilty Client was stopped by police for driving over a median and into the opposing lane. Officer detected a strong odor of an alcoholic beverage emanating from the client’s breath while speaking with him. Officer also observed the client’s eyes to be bloodshot and his

Commonwealth v. R.H. – Marlborough District Court– Marlborough Police Department Read More »

Commonwealth v. B.W. – Woburn District Court– Andover State Police

Charge: OUI 2nd Offense Result: OUI- Not Guilty Client was stopped at a sobriety checkpoint. Officer observed the client’s eyes to be glassy and red and his speech was slurred. Officer also detected the odor of an alcoholic beverage emanating from the client’s breath. Client admitted to having one beer when asked by the officer.

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Commonwealth of Massachusetts v. S.H. – Plymouth District Court– Plymouth Police Department

Charge: Operating Under the Influence Result: OUI- Dismissed; Cop did not show up Police responded to a report and found the client passed out in his car with the engine running. Officer immediately detected an odor of an alcoholic beverage emanating from the client’s breath, and observed his eyes to be bloodshot. Client admitted to

Commonwealth of Massachusetts v. S.H. – Plymouth District Court– Plymouth Police Department Read More »

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

Commonwealth v. L .P. – Brockton District Court– Brockton Police Department Read More »

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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