In this video, Attorney DelSignore discusses a recent OUI case in Dedham District Court. Dedham District Court is one of the courts Attorney DelSignore appears in most frequently. We have a long list of successful OUI cases in Dedham District Court as well as Courts throughout Massachusetts.
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Hi, it's Mike DelSignore. In today's video, I wanted to talk about a case I had in the Dedham District Court.
In this case, I'm going to reference it was in front of a jury. But sometimes I can do these cases in front of judges too. This was a case where my client crashed into, basically it was a State Police detail, so not a great start to the case. You read that. And, certainly, accidents are a strong indication somebody might be impaired, but it's not the last word.
The client then did the field sobriety tests and did relatively well. So there was an argument that they wouldn't have been able to stand for 15 seconds on one leg had they been impaired. So, they walked out the correct number of steps back, and there was some issues missing heel-to-toe, but nothing major. So we had something to work with.
So, the client testified. The client said that she was coming back from a date, that she was basically distracted for a second on the road, and hadn't been on the road. It was very dark and crashed, but that she didn't think she was under the influence, had a few drinks, but nothing that would have put her over the limit.
So we were able to present her story of what she did for work, where she was coming, how she started her day. And, frankly, I think it gave the jury a reason to think, "Well, maybe this wasn't alcohol. Maybe she was tired. She'd gone through a lot."
And I think it also does another thing. It allows the jury to connect with a person. And now it's not just somebody sitting in a chair. Now they know, "Okay, this person has a mom. This person has a family, a job, and she's trying her best to get ahead in school."
Now, if there was nothing to work with, it's probably not going to be enough. But if you have something to work with where, well, the field tests were good. There wasn't slurred speech. It allows them to take that gut, emotional belief that, "We like this person." And now argue in the jury room that, "Well, you know what? Maybe that lawyer's right, that if they were under the influence, we would have seen more signs, like some slurred speech, or she wouldn't have been able to do so well on that one leg stand test."
So, when you're thinking about a case, whether to resolve it or take it to trial, one of the things that I like to do is I like to consider, in certainly cases where there's accidents, "Can my client present their version, or can someone else do that?"
So, with a jury, I think you got to be careful. With a judge, I've been in front of almost all these judges in Massachusetts, multiple times. I've had other bench trials with them. I sort of know their strike zone, so to speak, on what is reasonable doubt and how they'll interpret it.
So, with a judge, it's a known quantity, somebody I've been in front of before. If I think it's a weak case, I'll often recommend a bench trial. If you're in a court where maybe you can't do a bench trial, and you have this kind of lack-of-evidence case, that's kind of something I would always talk about with the client, was "Can we put the client up? Can we add a little more to it?"
Because it can go either way, these bench trials, where you think there's not enough evidence, you got to be careful with those. If there's a video, I feel more comfortable not presenting the client because then we have something else. Or if there's a picture, something else, is just something objective.
But that's part of what we do as attorneys, in guiding you through the process, tell you whether you should testify or not testify, make it ... help you make important decisions in the case.
So if you're charged with OUI, keep these things in mind, and I can help you. Call, text anytime. My number is (781) 686-5924. My name's Michael DelSignore, here to help guide you through the process, tell you how to get your license back, tell you the ins and outs of how to challenge a breath test, and really get you through the entire process.
Call, text, anytime. My passion's to helping people charge with OUI in Massachusets. And I do a lot of work out of Dedham District Court, but I go all over Massachusetts, and I'm known statewide for defending OUI cases. Be glad to help you with your case.
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