Drug And Alcohol Cases
Client Arrested For Fifth OWI Offense: August, Framingham District Court
August- Framingham District Court- Client arrested and thereafter charged with operating under the influence of liquor, fifth offense, after police arrive at scene of accident and observe client “crawling” out of the passenger door of his truck. Client removes shirt and tries to push truck off snow bank with no measurable level of success. Client approaches officer and falls into him after smelling of alcohol and slurring his words. Officer determines client cannot safely perform field tests and decides to arrest him. Case marked for trial. Attorney Doran argues there was no direct evidence linking client to driving nor was the circumstantial evidence clear on that point, given the fact client got out of the passenger side of the truck. Additionally, Attorney Doran emphasizes the lack of a legitimate reason why client was not given the opportunity to perform field tests. Client does not testify. Jury returns not guilty verdict after one hour of deliberations.
Defending Deaf Client Against OUI Charges: August, Framingham District Court
Police arrest Client for OUI after she is found at the scene of accident. Police begin to administer field tests and discover client is profoundly deaf. Case marked for trial. Attorney Doran presents evidence deafness essentially invalidates any balance test due to inner ear damage, rendering balance tests irrelevant. Client found not guilty of all charges after trial.
Client arrested after MBTA police randomly board the bus on which he was a passenger.
May – Suffolk Superior Court – Client arrested after MBTA police randomly board the bus on which he was a passenger. The police had no prior knowledge of criminal activity by anyone on the bus. Police observe client act nervously and go to the bathroom twice. Police stop client as he leaves bus. K-9 police dog alerts to bag client possessed. Police search of bathroom reveals over 1000 oxycodone pills. Attorney Doran files Motion to Suppress to exclude all evidence seize due to an illegal search. In a case of first impression in Massachusetts, court allows Attorney Doran’s motion. Client avoids a mandatory imprisonment of 8 years. All charges to be dismissed.
Bogus Nature Of 911 Call Leads To Not Guilty Verdict: April, Woburn District Court
Client arrested after 911 caller, identifying herself as “Mary” contacts police and claims client was driving all over the road. The discovery process reveals the tape of the 911 call. Client insists the caller was not “Mary” but actually an off-duty member of the Billerica Police. Accordingly, attorney Doran serves this police office with subpoena. At court, police officer invokes her Fifth Amendment privilege not to testify. After numerous attempts to have the case dismissed, denied due to the off-duty status of the officer, case marked for trial. Jury finds client not guilty after attorney Doran produces internal affairs documents establishing the bogus nature of the 911 call.
Case Dismissed After Exit Order Called Into Question: March, Middlesex Superior Court
Car in which client is passenger is pulled over due to a faulty head light. State Trooper observes certain furtive movements in the car along with a ripped baggie allegedly consistent with the packaging of cocaine. Based on those facts Troopers orders client out of vehicle and eventually cut out of his underwear a package containing 85 OxyContin pills. Attorney Doran files Motion to suppress all evidence due to an improper exit order. At hearing, Troopers cannot account for the plastic bag they claim fell out of client’s wallet. Attorney Doran also argues there is no objective basis to justify fear for safety of Tropper, which would permit an exit order. Motion to Suppress allowed. Case thereafter dismissed. Client avoids a seven-year mandatory sentence.
Not Guilty Verdict In License Suspension Case: January, Marlboro District Court
Police pull over client at 9 in the morning after running a random registry check of client’s license plate, which revealed client’s suspended license. Client pulls over into a driveway. Police observe 4 “nip” bottles of vodka scattered around the interior of the car. Client submits to three different field sobriety tests, passing the alphabet test and failing two other balance-related tests. Client is arrested and taken back to the police station where he blows a .08 on a breath test. Client is found not guilty after trial attorney Doran points out client’s having worked all night as an installer of security cameras and the fact client is slightly overweight, making his performance on the field sobriety tests less than dispositive.
Intent To Distribute Charges Reduced To Civil Violation: November, Framingham District Court
Client was a passenger in a motor vehicle stopped for a minor infraction. Trooper observes a distinct odor of both fresh and recently burnt marijuana. Client ordered out of car where search reveals his having 2,400 dollars cash along with a small amount of marijuana. Client arrested for possession of marijuana with intent to distribute. Attorney Doran files a Motion to Suppress based on an improper exit order. This motion was denied. Attorney Doran files two Motions for Reconsideration which were denied. Case marked for trial. On date of trial all charges reduced to a civil violation for possessing less than one ounce of marijuana. Client pays fine of 200 dollars.
Felony Charges Dismissed In Paraphernalia Distribution Case: September, Framingham District Court
Client, an immigrant from Turkey and a graduate of a local business school, was summonsed to court to respond to an allegation he sold narcotic paraphernalia. Client was employed at a store at the Natick Collection which sold items, such as pipes, oftentimes used to ingest narcotics. The investigating officer charged client, as manager of the store, as the perpetrator of a felony. Attorney Doran brings a motion to remand to case to a Clerk Magistrate’s hearing which was allowed by the court because client was improperly charged as a felon. At the Magistrate’s hearing attorney Doran presents evidence client was only fulfilling his duties as an employee of the store and he had no criminal intent to distribute the illegal items. No probable cause was found at the Clerk’s hearing resulting in all charges being dismissed prior to any entry on client’s CORI report.
Missing Field Test In Police Report Secures Client’s Not Guilty Plea: August, Framingham District Court
Client arrested after police observe his driving 55 in a 45 MPH zone. Police then claim client failed three field tests and arrest client for OUI. Attorney Doran secures cruiser video that shows client’s poor performance on the first field test and three additional tests, one of which did not appear on the arresting officer’s written report. Video clearly show client’s passing the missing field test. Case marked for trial. The court finds client not guilty of all charges after attorney Doran argues the video is the best evidence of client’s sobriety.
OUI Charge Threatens Change Of Immigration Status, Charges Dropped: August, Barnstable District Court
In 2007 client, an immigrant from Ecuador, admitted to an OUI charge out of the Barnstable District Court. Client subsequently graduates from Barnstable High School and becomes gainfully employed. The OUI charge emerges as an obstacle to client’s change of immigration status. Attorney Doran files a Motion for a New Trial that was allowed due to a deficiency in the Defendant’s plea. Attorney Doran then files a Motion to Suppress all evidence due to an illegal entry into client’s residence. At the suppression hearing the Commonwealth failed to establish that Client’s uncle, someone who had trouble understanding English, voluntarily allowed the police into client’s residence. Motion to Suppress allowed. All charges thereafter dropped against client as no evidence of intoxication remained.
Insufficient Evidence And Time Constraints Lead To Not Guilty Verdict: January, Framingham District Court
Police respond to report of an accident. Client is observed outside of his severely damaged car. Client admits to driving vehicle and texting before his car crashed into tree. When questioned about a potential passenger, client states he was alone in the car. When pressed about the deployment of the passenger air bag, client admits his friend was in the car at the time of the crash. Client does not perform field tests at the scene but submits to a breath test two hours after accident, which reveals a blood alcohol of .10 percent. Case marked for trial. Attorney Doran argues by way of a motion for required finding there was insufficient evidence of operation. This motion was denied. Attorney Doran argues the breath test result was too distanced from the time of operation to establish the defendant’s blood alcohol level above .08 percent. Court agrees. Client found not guilty of operating under the influence of liquor.
Improper Sobriety Testing Leads To Not Guilty Verdict: December, Wrentham District Court
Police Officer observes client travel through red light at approximately 8 p.m. and commences pursuit, clocking client’s vehicle at a speed of 48 miles per hour in a 35 zone. Client, a woman of 60 years old, produces license but then has difficulty finding her registration. During this time, the Police Officer observes the standard indices of alcohol consumption and client admits to drinking two glasses of wine. Client agrees to submit to field sobriety tests but tells officer she has medical issues related to her balance. Officer tells her to go ahead and says he will consider client’s medical problems. Client’s first attempt at alphabet test results in her skipping numerous letters. She then tries it again and passes. Client performs poorly on the one legged stand test and the nine step walk and turn. Case marked for trial. At trial, attorney Doran presents evidence of client’s surgeries on her right knee and back. Client and co-worker testify to client’s sobriety. Police officer testifies on cross-examination he deviated from training in how he assessed client’s sobriety. Client found not guilty after jury trial.
Lack Of Expert Testimony Leads To Reduced Charges: October, Cambridge District Court
Client charged with OUI drugs after police respond to scene of accident in which serious bodily injury was reported. Client admits to driving his car into the back of a delivery truck. The driver of the truck was out in front of his vehicle at the time of the crash. The driver was crushed between his truck and a parked vehicle. Client admits to smoking marijuana shortly before accident and police observe odor of marijuana together with other indices of intoxication. Police do not solicit opinion from a Drug Recognition Expert. Moreover, client submits to a portable breath test that confirms his having consumed no alcohol. Attorney Doran files Motion to exclude opinion evidence of client’s marijuana intoxication due to lack of expert testimony. Motion allowed. Case is ready for trial. Commonwealth offers dismissal of all counts except Negligent Operation. Client agrees to pay a fine of 200 dollars with no probation.
Pharmacist Retains License After OxyContin Charges: August, Framingham District Court
Client, a pharmacist, was charged with 187 counts of possession of a class A substance, OxyContin. Client falsified prescriptions to feed his addiction to the narcotic. In a number of instances the transactions were recorded on video. Attorney Doran points to the remarkable progress client made in his pharmacist recovery program. The DEA agent investigating the case objected to any disposition not involving a guilty finding, thus banning client for life from his chosen profession. After an admission to sufficient facts, client receives a continuance without a finding for one year with the case to be dismissed at that time. Client retains his status in pharmacist profession.
License Restored After Supreme Judicial Court Case Decision Allows For Challenge To Duplicative Convictions: August, Framingham District Court
In 1998 client admitted to both driving under the influence of liquor and driving under the influence of marijuana as a result of the same arrest. Client eventually accumulates three additional convictions for OUI liquor, resulting in a lifetime loss of his license. Attorney Doran brings Motion to Dismiss one of the 1998 convictions based on the duplicative nature of the allegations. This motion was enabled by a recent Supreme Judicial Court case that ruled an admission does not by itself prevent a challenge to duplicative convictions. Motion allowed. As client has already served his now fourth offense suspension, the Registry of Motor Vehicles restored client’s license.
Minor Accused Of OUI Gets Charges Dismissed: July, Framingham Juvenile Court
Client arrested after police observe his driving slowly through a stop sign in a residential neighborhood. Police officer immediately observes overwhelming odor of marijuana coming from the client’s person. Client is a high school student and was in the company of three other young men in the vehicle, a violation of his junior license status. Attorney Doran files a Motion to Suppress based on the propriety of the exit order as marijuana smell cannot now justify such a demand from the police. This motion was denied. At hearing the officer testified any amount of marijuana can cause intoxication. Case thereafter marked for trial. In recognition of the weakness of case exposed at motion hearing, Commonwealth declines to prosecute case through trial. Criminal charges dismissed. Moreover, the court found client not responsible on the license restriction allegation, saving client a 60-day suspension of his license.
Heroin Discovered During Traffic Stop, Case Dismissed: February, Framingham District Court
Client arrested after traffic stop leading to police finding quantity of heroin in client’s car. Police observed client’s moving about car seemingly trying to hide something. Police also observe smell of recently burned marijuana. Attorney Doran files Motion to Suppress arguing lack of probable cause to search car. As smell of marijuana is not now evidence of a recently committed crime, motion allowed. Case dismissed.
Not Guilty In OUI Case Due To Previous Concussion Injuries: January, Framingham District Court
Client arrested at approximately 3 in the morning after police observe his driving completely on the wrong side of the road. Police observe empty quart bottle of rum in back seat of client’s car together with a bottle of coke allegedly smelling of alcohol. Client fails alphabet test but does well on physical field sobriety tests, all being recorded on police video. Attorney Doran presents evidence of effects of numerous concussions client suffered while playing high school football through medical records and testimony of client’s mother. Client found not guilty after one day jury trial.
Distribution Charge Reduced To Possession: December, Framingham District Court
Client arrested for selling marijuana within 100 feet of a public park, a mandatory 1-year incarceration sentence. Police observed client with 14 individually packaged bags of marijuana. Attorney Doran files Motion to Suppress based on the illegality of the search. This motion was denied. Case marked for trial. Attorney Doran files motion to exclude testimony of police officers’ identifying substance as marijuana. Judge indicates his tendency to allow motion but gives parties opportunity to resolve case. Client accepts plea to a possession charge. Case continued without a finding for one year with no probationary conditions.
Not Guilty Verdict In Drug Distribution And Possession Case: October, Framingham District Court
Client arrested after a traffic stop resulting in the discovery of a quarter pound of marijuana and a residual amount of heroin on a spoon under his driver’s seat. Client charged with distribution of marijuana and possession of heroin. Attorney Doran first files a motion to suppress, which was denied. Case marked for trial. Attorney Doran moves to dismiss distribution count due to the lack of expert testimony refuting the defendant’s potential personal use of the marijuana. This motion was allowed. At jury trial defendant testifies he did not know the heroin was in his truck. Attorney Doran argues the police failed to perform certain tests, i.e., fingerprint analysis, establishing a reasonable doubt as to the validity of the charges. Not guilty after jury trial.
Suspended License Violation Given Probationary Sentence: September, Somerville District Court
Client stopped and then issued a citation for operating on a suspended motor vehicle license, the suspension resulting from a conviction for OUI. The offense carries a mandatory 60-day sentence. Client had previously been charged and convicted of the same offense. Attorney Doran brings motion to suppress all evidence based on an illegal stop. The State Trooper allegedly observed client’s car parked in a “no live parking zone” but did not pull over client for some 5 minutes. In light of the strength of the motion, client offered a probationary sentence with no jail time or other restriction on his freedom. Client accepts offer and is sentenced to 1 year term of probation.
Breath Test Suppression In OUI Case: July, Worcester District Court
Client charged with OUI after leaving a roadside eatery from which police were told of client’s intoxicated state. Call to police said client was wobbly on feet and incoherent before he got behind the wheel of his truck. As this was client’s second offense he faced a lifetime loss of his class A license. Client pulled over shortly after leaving eatery and failed three field sobriety tests and then blew a .25 reading on the breath test. Attorney Doran first brings a motion to suppress the stop of the defendant based on insufficient probable cause. This motion was denied. Attorney Doran next brings motion to suppress breath test based on the failure of police to observe client for 15 minutes prior to administration of the test. This motion was allowed. Case marked for trial. Attorney Doran presents medical evidence establishing client’s deafness and inner ear injury dating back to 1981. Not guilty after trial in the Worcester Court jury session.
Second-Offense OUI Case Dismissed: May, Framingham District Court
Client, a local accountant, charged with OUI second offense after traffic stop for speeding. Client weighed over 300 pounds at time of arrest. Case called for trial in early May and no prosecution witnesses appeared. Case continued over objection of attorney Doran to a date eight days later. At second trial date no prosecution witnesses appeared. Attorney Doran offers Motion to Dismiss. Motion allowed. Client’s license immediately restored after motion to the court.
Bar Owner Defends Patron, OUI Dismissed: February – Framingham District Court
Client charged with OUI, third offense, after police observed his driving without headlights and swerving over center line. Client unable to perform three field sobriety tests and displayed slurred speech. Attorney Doran presents evidence of client’s past treatment for speech impediments as well as testimony from bar manager who opined client was sober. Not guilty after trial.
Charges Dismissed Due To Involuntary Client Statement: February, Fitchburg District Court
Client charged with OUI after police observed her 40 feet from site of car crashed through a fence. Client allegedly stated she was the operator of the vehicle before she was taken to hospital where a blood test revealed her having an alcohol level of .26 percent. Attorney Doran brings motion to exclude admission of client’s statement based on the issue of its involuntary nature due to extreme alcohol intoxication. Motion allowed. All charges dismissed. Client’s license reinstated.
Probation Granted In OxyContin Case: November, Milford District Court
Client, a local business owner, arrested outside post office after allegedly attempting to pick up mailed package containing over 100 OxyContin pills. Attorney Doran brings motion to compel prosecution to produce all identification procedures. After weakness in case exposed, prosecution offers defendant a continuance without a finding after previously insisting on incarceration. Attorney Doran demands prosecutors agree to unsupervised probation with no drug screens. Client accepts offer and receives a continuance without a finding with unsupervised probation for one year.
Not Guilty Verdict In OUI Case Linked With Gang Activity: October, Boston Municipal Court Dorchester
Client arrested for OUI after police observe his driving 50 mph in a 25-mph zone. Police testify client’ car launched 5 feet in air after cutting off traffic. Attorney Doran presents evidence the stop was based on recent gang activity in neighborhood. Not guilty after jury trial.
Waived Trial In Failed Sobriety Case, Not Guilty: September, Framingham District Court
Client passed out behind the wheel of her car close to six o’clock in the morning. Client submits to a number of field sobriety tests that she allegedly failed. Attorney Doran presents evidence of the flawed nature of the test conditions, i.e., there was two inches of snow on ground. Not guilty after jury waived trial.
Medical Defense After Failed Sobriety Test Charges: September, East Brookfield District Court
Client charged as a multiple offender after she was observed driving with no head lights and allegedly committing numerous marked lanes violations. Attorney Doran produces medical evidence suggesting the absolute inability of her being able to pass any type of field sobriety test. Not guilty after jury waived trial.
DUI Dropped To Negligent Operation Charge: September, Gloucester District Court
Client caused car crash in which several individuals were injured. Police apply for a complaint of DUI along with other motor vehicle infractions. Client admitted to consumption of four beers. Attorney Doran convinces court to issue only charge of negligent operation. Client admits to negligent operation with case continued without a finding for one year. No loss of license.
Immediate License Restoration After Not Guilty Verdict: August, Westborough District Court
Client calls attorney Doran in first week of month. Attorney Doran recognizes immediately the weakness of the prosecution’s case and then requests a trial date in three weeks. Client blew a breath sample with a reading of .09 percent of blood alcohol content. Not guilty after a jury waived trial. Client’s license immediately restored.
Probation Violation Charges Dismissed: July, Wrentham Distinct Court
Client charged with operating after suspension of his license while on probation for a drunk driving offense and with an open domestic assault and battery case. All charges dismissed after attorney Doran presents evidence the police mailed notice of a Clerk Magistrate’s hearing to the wrong address. All probation violations dismissed as well.
Marijuana Possession Charge Dismissed: June, Framingham District Court
Client pulled over for speeding 45 mph in a 30-mph zone. Police then seize in plain view over 1 pound of marijuana. Attorney Doran composes a video demonstrating the police testimony related to the stop was not credible. Motion to Suppress allowed. Case to be dismissed.
Charges Dismissed For Conspiracy To Distribute Marijuana: June, Attleboro District Court
Client charged with Conspiracy to Distribute Marijuana after police observe his purchasing the narcotic. Attorney Doran brings motion to dismiss based on recently enacted voter initiative decriminalizing possession of less than one ounce of marijuana. Motion allowed. All charges dismissed.
Charges Dropped For Serving Alcohol To A Minor: June, Natick District Court
Lawyer charged with providing alcohol to minor friend of his son. Attorney Doran convinces magistrate to drop all charges.
Probation Granted After Cocaine Distribution Charges: June, Middlesex Superior Court
Client charged with cocaine distribution after police seize cocaine and client admits to selling cocaine for over two years. Attorney Doran prevails on prosecutors to reduce charges from the minimum mandatory provisions of the statute. Client receives probation with home confinement for one year. Client is able to keep his job.
Not Guilty Verdict After OUI Charges: June, Malden District Court
Client charged with operating under the influence of liquor after being pulled over on 128. Client “reeked” of marijuana as well as alcohol. Client allegedly failed two field sobriety tests after admitting consuming four beers and smoking marijuana all night long. Not guilty of all charges after trial.