Fitchburg MA – Not Guilty of OUI DUI Charges

Fitchburg District Court Client a 24 year old male from Townsend, MA was charged with Operating Under the Influence, also known as DUI, DWI or OUI, Negligent Operation of a Motor Vehicle, Failure to Wear a Seatbelt and a Miscellaneous Municipal Ordinance Violation. The client was pulled over in his vehicle by a member of the Fitchburg police department.  The officer made observations of traffic violations and behavior by the client as he observed him enter and exit a liquor store, which caused him to decide to pull the vehicle over. The officer made observations of a very strong odor of alcohol, very glossy eyes, and an apparent inability to comprehend simple requests.  The client admitted to drinking two beers.  The officer administered four field sobriety tests to the client which according to the officer he failed.
Continue Reading

Possession to Distribute Class D Drugs in Fitchburg MA

Fitchburg District Court Client a 24 year old male from Fitchburg, MA was charged with Possession to Distribute Class D and Carrying a Dangerous Weapon. The client was pulled over in his vehicle by a member of the state police gang unit in Fitchburg.  The trooper pulled the vehicle over for having what he believed to be excessive tint on his windows.  In addition the trooper stated that the vehicle had just left a known drug distribution house, that the vehicle had recently been stopped for suspected drug distribution by the Fitchburg police, that the vehicle was in a high crime area for both violence and drugs and that there was a recent shooting in front of the area where the client’s vehicle just pulled away from.  Based on all of this information the trooper pulled the vehicle over.   Once the trooper engaged with the client he detected the strong
Continue Reading

OUI DUI DWI Charges in Lunenburg MA

Fitchburg District Court Client a 26 year old male from Leominster, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, a civil marked lanes violation. The client was pulled over by a Lunenburg officer  at 1:56 am on Lakefront Ave. in Lunenburg, MA.  The officer pulled the vehicle over after seeing him leave a bar and failing to put his lights on and travelling the wrong way around a rotary.   The officer made observations that the client had an odor of alcohol coming from him, had glassy eyes and appeared disoriented.  The client admitted to having three drinks. The client was administered four field sobriety tests, which according to the officer he failed.  After arresting the client the officer made observations that he was quiet and cooperative. Attorney Damian Riddle scheduled the case for jury trial. 
Continue Reading

Assault and Battery Charges Dismissed

Clinton District Court Client a 54 year old male from Harvard, MA was charged with one count of Assault and Battery.  The client came to Attorney Damian Riddle four and half years after he plead to the case, received a Continuance Without a Finding and completed his probation.  The client was a Canadian citizen and had been in the U.S. on a green card for many years.  The client came to Attorney Riddle when he realized that due to pleading out and admitting to the domestic assault and battery case we was now subject to deportation, denial of naturalization and exclusion from the United States.  The client’s green card was about to expire and he was in a terrible predicament.  The client had his family in the UNITED States and had a very good job. Attorney Riddle thoroughly researched the legal issues, pulled all of the recordings, transcripts and records
Continue Reading

Charged with DUI OUI at Checkpoint in Leominster MA

Leominster District Court Client a 21 year old female from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 1st Offense also referred to as OUI, DUI or DWI. The client was pulled over by a state police trooper after she entered a sobriety checkpoint on Rt. 12 in Leominster. The trooper made observations of a strong odor of marijuana coming from the vehicle, an odor of alcoholic beverage, bloodshot, glassy eyes and slurred speech.  The client was administered four field sobriety tests, which according to the trooper she failed.  The client also admitted to consuming three beers. The client elected to take a breath test and registered a .10.  During the pendency of the case Attorney Damian Riddle requested all of the documents relative to the particular breath testing device used to test the client’s blood alcohol content or BAC.  After multiple failures by
Continue Reading

Leominster, MA DUI OUI Charges

Leominster District Court Client a 41 year old male from Leominster, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, and a civil infraction of improperly registered motor vehicle. The client was pulled over at 12:40am at a “Sobriety Checkpoint” on Rt. 12 in Leominster, MA.  The trooper made observations of a moderate odor of alcohol, watery, bloodshot eyes, and the client made an admission to consuming three beers. The client was administered three field sobriety test, which according to the Trooper he failed.  The client was also offered a preliminary or portable breath test (which is not admissible into evidence) which read a .15, almost two times the legal limit. Attorney Damian Riddle tried the case jury waived.  After cross-examination of the trooper and argument on the deficiencies of the Commonwealth’s case, the Court found
Continue Reading

Operating Under the Influence of Liquor in Westminster MA

Fitchburg District Court Client a 29 year old male from Winchendon, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, a civil marked lanes infraction and Possession of an Open Container in a motor vehicle. The client was pulled over by a state trooper at 1:10 am on Rt. 2 in Westminster, MA.  The trooper pulled the vehicle over for crossing over marked lanes on four separate occasions.  The trooper made observations of a strong odor of alcohol, red, glassy, bloodshot eyes, and slurred speech. The client was administered three field sobriety test, which according to the Trooper he failed.  After arresting the client the trooper found two opened bottles of liquor in the passenger compartment of the vehicle. Attorney Damian Riddle scheduled the case for jury trial.  After preparing for trial and the arresting trooper
Continue Reading

OUI DUI in Fitchburg MA

Fitchburg District Court Client a 58 year old male from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 4thd Offense also referred to as OUI, DUI or DWI, and Operating a Motor Vehicle with a Suspended License. The client was pulled over on a public way in the City of Fitchburg while operating his moped. The client was administered four field sobriety tests, which according to the Fitchburg police officer he failed. The client also admitted to consuming two “joints” and two beers. Attorney Damian Riddle filed a Motion to Dismiss the case because the Commonwealth could not prove an essential element to both charges that the client was charged with. One of the essential elements in every operating under the influence case that the Commonwealth must prove beyond a reasonable doubt is that the defendant operated a motor vehicle. Motor vehicles are defined
Continue Reading

Breach of Contract

Fitchburg District Court Client, a local building supply store sued the defendant, a general contractor, civilly for breach of contract and other grounds. Attorney Damian Riddle is corporate counsel for the Plaintiff, building supply store. Defendant entered into a contract with the client by signing a credit agreement and promising to pay for any goods charged on the account and pay 18% percent per annum on any charges unpaid beyond thirty days in addition to attorney’s fees incurred in collection. Plaintiff supplied approximately $75,000.00 in goods to defendant for the construction of a 4000 sq. ft. home he was building for himself in the town of Harvard, MA. Plaintiff supplied and defendant received the goods over a six month period without objection. After approximately six months and the home being substantially complete, the defendant objected for the first time to a beam installed into the home. Thereafter the defendant began
Continue Reading

Leominster, MA man was charged with one count of Motor Vehicle Homicide

Fitchburg District Court Client a 43 year old male from Leominster, MA was charged with one count of Motor Vehicle Homicide by Negligent Operation and a second count of Negligent Operation of a Motor Vehicle. The client was a type 1 diabetic and suffered from a particularly “brittle” form of diabetes. This meant that the client’s blood sugar could be fine one minute and drop to a dangerously low level within a short period of time. While driving home from work one day on Rt. 190 the client’s blood sugar dropped very low and he lost consciousness and veered off the road and struck a person that was changing their tire on the side of the highway. The person changing their tire died as a result of the injuries they sustained when the client struck them with his motor vehicle. The client was treated at the scene for low blood
Continue Reading