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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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
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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
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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
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What You Need to Know about Massachusetts Child Support

Massachusetts has enacted new child support guidelines as of August 1, 2013 and they shall be applied to all child support orders and judgments entered after the effective date. There shall be a rebuttable presumption that these guidelines apply in all cases establishing or modifying a child support order. In establishing these guidelines, due consideration has been given to the following principles: 1) to minimize the economic impact on the child’s standard of living; 2) to promote joint parental responsibility for child support in proportion to, or as a percentage of, income; 3) to meet the child’s survival needs in the first instance, but to the extent either parent enjoys a higher standard of living, to entitle the child to enjoy that higher standard; 4) to protect a subsistence level of income of parents at the low end of the income range whether or not they are on public assistance;
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Reasons For Spousal Support/Alimony Modification

Prior to the Alimony Reform Act of 2011 there was no statute in MA to guide lawyers, judges and litigants on who was entitled to alimony, who could be ordered to pay, how much and for what period of time.  As a result it was up to the lawyers and parties to try and negotiate and it would be up to the individual judges to decide on a case by case basis if the parties could not agree.   However, today, Massachusetts has enacted legistalion, which provides lawyers, judges and litigants with a clear guide for who can be entitled to receive alimony, who may be obligated to pay it, the potential term of an alimony award as well as the potential amount.  In order to investigate your rights relative to alimony in Massachusetts you should seek the skillful analysis of a lawyer who is well versed in family law and the alimony statute. There are many reasons why
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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
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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
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Choosing the Right Drunk Driving Defense Attorney – Because Everyone Makes Mistakes Sometimes

The consumption of alcohol has been around since almost the beginning of time. Even in ancient times wine was a favorite beverage. Alcohol is so popular, songs have been written about it. But one thing they didn’t have back in the days of Roman empires and ruthless kings were automobiles. If one had too much to drink they didn’t worry about driving while under the influence. But in today’s world driving after a few drinks is a crime. But everyone makes mistakes sometimes and one day you may innocently find yourself looking up drunk driving defense attorneys. In the Commonwealth of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. People often ask how many drinks that percentage equals but there is no simple answer. BAC will depend on many factors such as: the weight of the drinker, when, how much and if
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Massachusset’s new Alimony Law and how it could affect You

The Massachusetts Alimony Reform Act was signed into law in 2011 and became effective a little over a year ago. This law brought about sweeping new changes in the way alimony is awarded in the state, and many orders issued prior to its enactment could be modified as a result. One of the biggest changes brought about by this act was the length of time a spouse may receive alimony. In the past, alimony was sometimes awarded for an indefinite period even when marriages lasted less than 20 years. The current law requires couples to have been legally married for at least 20 years before alimony will be awarded indefinitely. Those who were married less than that amount of time may receive spousal support for a period of time ranging from 50% to 80% of the number of months married depending on the length of the union. Alimony may be
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