• Cahill Disposition
    SEPTEMBER 2020 - SECOND OFFENSE

    Our client was charged with OUI-second offense. After extensive negotiation, this charge was treated as a first offense pursuant to Commonwealth v. Cahill, and continued without finding for one year. Count Two, involving negligent operation was dismissed. Our client was found not responsible for Count Three, involving speeding, Count Four, involving a marked lanes violation and Count Five involving failure to signal. This was an excellent result!

  • Brave Act Diversion
    AUGUST 2020 - FIRST OFFENSE

    Our client was charged with a first offense OUI. This client is a decorated veteran who served over 20 years in the military on active duty and was honorably discharged upon retirement. Our client was able to enter a diversion program and receive services and treatment from the VA. Based upon successful participation in treatment and an extensive military history, all charges were dismissed prior to arraignment. This was an excellent result for a veteran in need.

  • Brave Act Diversion
    AUGUST 2020 - FIRST OFFENSE

    Our client, a veteran, was charged with OUI-first offense. Attorneys Bernard and Bruno advocated on behalf of our client to be considered for the diversion program under the Brave Act. After meeting the conditions of probation, the charges against our client will be dismissed. This is an excellent result!

  • Motion for New Trial Allowed
    AUGUST 2020 - NEW TRIAL ALLOWED DUE TO IMPROPER BREATH TEST EVIDENCE

    Following a bench trial in 2013, our client was found guilty of operating a motor vehicle with a blood alcohol content of a .08% or higher based upon evidence of a breath test result admitted at trial. The judge did not find impairment otherwise. Due to Attorney Bernard's successful statewide challenge that excluded thousands of unreliable breath tests from evidence, this breath test should not have been used as against our client. This breath test result was obtained when the Office of Alcohol Testing was found to have committed routine misconduct in the handling of evidence and treatment of breathalyzers. We filed a motion requesting a new trial based upon the breath test result, and the court granted our motion. This misconduct has impacted thousands of drivers, including our client. We believe in the strength of our case and are optimistic that our client will prevail in a new trial. This is a great outcome!

  • Probation Violation Resolved
    JULY 2020 - COURT ADOPTED OUR RECOMMENDATION

    Following remote coordination with the probation department, Attorney Bernard was able to present an agreed upon recommendation on our client's behalf to the Court. Our client was charged with a violation of probation upon being charged with OUI- Second Offense while on probation for an OUI- First Offense. Once our client completes a driver alcohol program, probation will terminate and the charges will be dismissed. This was achieved entirely remotely prior to the opening of the courts through the cooperation and coordination of the probation department, the court and this client. This was a great result!

  • Motion to Vacate Allowed
    JULY 2020 - GLOBAL RESOLUTION

    Due to Attorney Bernard's diligence, Attorney Bernard was able to present a very favorable recommendation on our client's behalf to the Court. Our client was charged with OUI-Liquor, first offense, in 2014 and received an additional charge of OUI-Liquor in 2019. Our firm presented an assented to motion to vacate for his 2014 charge and the Court allowed our motion. Following the allowed motion, the Court adopted our global resolution for both cases. Both charges were continued without a finding for one (1) year to run concurrently. This is an excellent result!