James Milligan

Commonwealth v. S.B. – Hingham District Court

Charge:          OUI-3rd Offense Result:           Not Guilty Client was stopped at a Massachusetts Sobriety Checkpoint in Hingham.  The screening State Trooper observed an open container in the vehicle and the passenger appeared to be intoxicated.  The client was asked to perform Field Sobriety Tests and performed extremely well on the tests.  Nevertheless, the client was placed […]

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Commonwealth v. P.H – Quincy District Court

Charge:           OUI-Fourth Offense Result:             Not Guilty Client was stopped by the Weymouth Police for marked lanes violations.  The Weymouth police officer asked for a license and registration which he produced with no difficulty.   The officer asked him to perform field sobriety tests which he did not complete to the officer satisfaction.  The client refused to

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How long will I lose my license if I refused to take the breath test? Or failed the breath test?

ANSWER: First Offense – 180 Days; Second Offense – 3 years; Third offense – 5 years; Fourth offense – Lifetime.Failure of Breath Test – 30 days. There is no work license eligibility on suspensions resulting from a refusal to submit to the Breath Test or as a result of failing the Breath Test in Massachusetts.

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If I fight my Massachusetts drunk driving charge, do I need to take the stand to testify?

ATTORNEY ANSWER: No, it is your right as a citizen to decide whether you want to take the stand. The Government is not allowed to force you to testify. In fact, most of our clients never take the stand because we are able to create doubt based solely on the government’s evidence.

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Commonwealth v. D.V. – Attleboro District Court

Charge:           OUI-Second Offense Result:             Case Dismissed Client was stopped by a Massachusetts State Police Officer for weaving and nearly hitting a jersey barrier.  The trooper approached and noticed sign of impairment.  The client failed the Field Sobriety Tests and was placed under arrest.  Client refused to take the breath test. At trial the government was

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Commonwealth v. K.A, – Northhampton District Court

Charge:          OUI-First Offense Result:           NOT GUILTY Massachusetts State Police arrested this client for Operating under the Influence of Alcohol.  This was a Mother coming from a St. Patrick’s Day celebration.  She consumed a responsible amount of alcohol and was upset regarding some family matters as she was speeding.  She pulled her vehicle over close the

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