Westborough District Court – Malicious Destruction of Property Charge

Client a 46 year old man from West Boylston, MA had plead guilty to a felony charge of Malicious Destruction of Property Over $250.00 when he was twenty one years old. The charge involved the client and another young man driving onto the lawn of a town cemetery with their trucks and digging up the grass. The client never hired a lawyer and plead guilty on the second court date. The client has had no arrests or involvement with the Court system for the last twenty five years. The client obtained his LTC or license to carry a firearm approximately six years ago, despite the felony conviction. Recently, when his LTC came up for renewal the chief of police for the issuing department informed the client that he could not renew the license due to this issue and that somehow it had been previously over looked. The client consulted with
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Clinton District Court – Trafficking in Methamphetamine

Client a 30 year old man from Shirley, MA was arrested by the state police in West Boylston and charged with Trafficking in Methamphetamine, Possession to Distribute Methamphetamine and Possession of a Class B drug. The client was pulled over on Rt. 190 by state police for some civil motor vehicle infractions. After a lengthy road side detention the trooper made several observations of the client which appeared suspicious to him. The vehicle had out of state plates and the trooper determined that the vehicle was unregistered in MA. The trooper asked and the client wisely declined to allow the trooper to search his vehicle. The trooper then called for a K-9 unit to respond to conduct a sniff of the vehicle. Due to the low temperature, the high winds and the location of the vehicle the trooper decided to have the vehicle towed to the barracks to conduct the
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Gardner MA District Court – Assault and Battery and Immigration Status

Client a 37 year old woman from Gardner, MA was arrested on a charge of Assault and Battery with a Dangerous Weapon. The client became involved in an argument with her husband at their residence. During the argument the wife picked up a bottle off the counter and threw it, accidentally striking her husband in the eye. The husband suffered some fairly extensive damage to his eye. The client had recently moved from China and married her husband, the alleged victim. The client was still in the process of working with Immigration and Naturalization Services or INS to obtain her citizenship. Therefore, it was critical that the case be disposed of properly. Any type of admission or conviction would have resulted in the client being deported. Attorney Damian Riddle first sought to determine whether or not the alleged victim was interested in prosecuting his wife. After investigating the case further
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Leominster District Court – DUI OUI Charge

Client a 27 year old woman from Fitchburg, MA was arrested by the state police in Leominster for operating under the influence, following too closely and a marked lanes infraction. The client elected to take a breathalyzer at the barracks and provided a result of .24, which is three times the legal limit of .08. The first step in any case of operating under the influence, also referred to as OUI, DUI or DWI, in which a breathalyzer is taken and allegedly failed is to request all of the essential records for the breath test machine and once provided to scrutinize them extremely carefully. In this case the Office of Alcohol testing had refused to turn over all of the records that were requested and Attorney Damian Riddle was able to obtain a Court order that the breath test result not be admissible at trial. Interestingly enough the limited records
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Clinton MA District Court – Out of Town OUI Charge

Client a 55 year old man from Georgia was arrested and charged with operating under the influence also referred to as OUI, DUI or DWI. The client was also charged with unlicensed operation and possession of open container of alcohol in a motor vehicle. It was clear from the start of this case that the issue was going to be whether or not the Commonwealth could prove the “public way” element of the offense on each charge. All three charges carried the element of public way that the Commonwealth is required to prove beyond a reasonable doubt. In this case the police received a call that a man was blocking a driveway. Harvard police arrived to find the client passed out behind the wheel of a vehicle with the keys in the ignition and vehicle running in the driveway of a citizen’s home. Attorney Damian Riddle took the case to
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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.
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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
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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. 
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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
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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
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