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Emergency Line
24 Hours a Day
(978) 995-1122
Lowell Office
Nine Middlesex Street
Lowell, MA. 01852
Tel. (978) 452-7100
Fax (978) 452-3278
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March 2012, Massachusetts
Framingham Police allege the client ran a stop sign to a main road nearly striking a police cruiser. Client was pulled over and failed several field sobriety tests. At the police station his breathalyzer reading was 0.14. He was charged with OUI Liquor, Failure to Yield and Negligent Operation. He faced a possible one year loss of license on the OUI charge. Attorney Bratton discovered the arresting officer had over a dozen car accidents while on duty with his police cruiser striking objects such as traffic signs, guardrails, other cars and a stone wall. Attorney Bratton was able to negotiate a dismissal of the Failure to Yield and Negligent Operation charges and had the OUI charge continued without a finding for one year to be dismissed at that time. The client had his license revoked for forty-five days but after three days he received a twelve hour license to enable him to drive to work. The case received press coverage from the Boston, national, and international media.
March 2012, New Hampshire
The client was charged with DWI by the Seabrook Police after he was stopped for speeding. He failed all field sobriety tests and refused the breathalyzer. After negotiations with the prosecutor, the DWI charge was dismissed and the client agreed to a finding of Reckless Driving, avoiding a prolonged license suspension, enrollment in the alcohol safety program and significant fines and fees.
March 2012, Massachusetts
The client, a New Hampshire resident, left a strip club after a night partying with a friend. While driving he crashed into a parked car and then got stuck in a snow bank. He and his friend then fled the scene on foot and were chased and caught by the Tyngsboro Police. He was charged with OUI, Leaving the Scene of an Accident, and after his arrest the police searched his car. They found a loaded pistol under the driver’s seat. He was then charged with being in possession of a loaded firearm without a license and faced a mandatory minimum sentence of eighteen months in jail. Attorney Bratton was able to negotiate with the District Attorney’s Office and the eighteen month sentence was reduced to thirty days.
November 2011, Massachusetts
A 45-year-old male with a long criminal history of assault and threatening is accused of punching the alleged victim, who was confined to a wheelchair, in a bar. On the day of trial Attorney Bratton negotiated the felony assault to a reduced assault for which the client received 18 months of probation. Had the client been convicted at trial, he faced over 2 and a half years in the Billerica House of Corrections.
October 2011, New Hampshire
A 30-year-old school teacher is arrested in New Hampshire after she allegedly fails all field sobriety tests and refuses to take the breathalyzer. One week later, an anonymous motorist observed her swerving and driving erratically on her way home and called the police in the same town. The woman was then charged with two separate cases of Driving While Intoxicated. Through negotiations with the prosecution, Attorney Bratton was able to have one of the cases dismissed entirely and she pleaded guilty to one charge only. This result prevented her from losing her license for two years and instead she received a ninety day suspension.
October 2011, New Hampshire
A 22-year-old college senior is arrested by southern New Hampshire police for felony Possession of Oxycontin with the Intent to Distribute. He was arrested after having previously made illegal hand to hand sales of the drug to police informants. Attorney Harvey was able to negotiate a reduction in charges from a felony to simple misdemeanor Possession of Drugs on the condition the client enter and complete a drug program and remain arrest free for one year. Had the prosecution continued as a felony, the client could have faces three and half to seven years in the New Hampshire State Prison.
October 2011, Massachusetts
The client, a 35-year-old medical doctor, was accused of assaulting his wife, who was also a doctor. He was charged with domestic assault and battery, facing jail time, and the possible loss of his license to practice medicine. Attorney Bratton, through his private investigator, was able to meet the victim and she decided not to testify in court. The case was dismissed.
September 2011, New Hampshire
Client arrested in New Hampshire for Operating Under the Influence, Second Offense.
Facts: Police reported to a parking lot where they found the client’s car running and the client sleeping in the front driver’s seat. The police banged on the driver’s window and ordered the client to step from the vehicle. The police observed a strong odor of alcohol emanating from the client’s breath and was unsteady on her feet. The client admitted to driving the vehicle to drop off a friend from a local bar. The client also admitted to drinking alcohol. The police conducted field sobriety tests on the client and the client failed all the tests and was arrested for operating under the influence of alcohol.
Penalties for OUI Second Offense: Class A Misdemeanor, $750.00 fine, mandatory sentence of not less than 10 consecutive days of which 3 consecutive days shall be served in the county correctional facility and 7 consecutive days shall be served at the state-operated 7 day multiple DWI offender intervention detention center.
Trial: Attorney Harvey filed a motion to dismiss the criminal charge of operating under the influence of liquor arguing that the State could not prove the element of “public way” to criminally charge the client. Attorney Harvey argued that the parking lot where the client was parked and eventually arrested was a private parking lot with posted no trespass signs on the property and was therefore not open to the general public and could not be deemed a public way as defined by statute.
Outcome: Case DISMISSED
September 2011, New Hampshire
A 30 year old man was riding his motorcycle down Route 93 in Derry, NH and had pulled off the highway and entered a convenience store. The store clerk suspected he was under the influence of alcohol and or drugs and called the police. The police arrived and questioned the client in the parking lot and made him perform field sobriety tests, which according to the police, he failed. He was then placed under arrest for DWI, 2nd offense. Prior to the day of trial, Attorney Bratton filed a motion to dismiss the case for illegally questioning the defendant in the parking lot. Based upon this and his negotiations with the Prosecutor, Attorney Bratton had the 2nd offense DWI charge dismissed and the client instead pled guilty to Reckless Operation and avoided an 8 year loss of license, plus payment of fines and costs.
August 2011, New Hampshire
The defendant, age 47, was declared to be a Habitual Traffic Offender by the State of New Hampshire and his license was suspended indefinitely. During the period of his suspension he drove his car to the store and was arrested by the Hudson Police Department for driving with being a Habitual Traffic Offender which carries a mandatory minimum of one year in jail. Before trial, Attorney Bratton had the one year jail sentence reduced and the client served jail time only on weekends. After despite having driven while classified as a Habitual Traffic Offender, Attorney Bratton was able to have the defendant decertified and had his driving privileges restored.
May 2011, Massachusetts
Client was charged with 2nd offense OUI when he was stopped by the Massachusetts State Police at 3:00 a.m. for doing 90 mph on Route 3 and passing other cars on the road without using his turn signal including passing the State Police vehicle. The officer chased him and he stopped in the breakdown lane where he smelled heavily of alcohol and had difficulty producing his license and registration. He was unsteady on his feet when he exited his car to perform field sobriety tests. The trooper testified to the jury that the client failed the heel to toe test by stepping off the line several times and the one leg stand test by hopping around on one foot. At trial, Attorney Bratton argued that the client was only guilty of speeding and not OUI because the trooper did not know that the client had knee surgery ten years ago which could interfere with his balance. After deliberating for one hour, the jury found him not guilty preventing him from losing his license for five years and going to jail or a rehabilitation program.
May 2011, Massachusetts
Client was the subject of a long term investigation involving his sale of Oxycontin pills in the Merrimack Valley. He was charged with Possession with Intent to Distribute a Class B substance which could have resulted in an extended jail term and a two year loss of license. Through negotiations with the District Attorney’s Office, Attorney Bratton had the case reduced to simple possession of drugs and the client was placed on probation for 18 months after which the case will be dismissed if he has no further arrests.
April 2011, Massachusetts
The client was a passenger in a pickup truck driven by another man who crashed the truck into a chain link fence. The police responded to the accident scene and found in plain view in the truck, heroin and a syringe. The client denied ever using heroin in his life to the police who nonetheless arrested him and summonsed him to court. On the day of trial, Attorney Bratton had the case dismissed since the prosecution failed to provide to Attorney Bratton a certificate of analysis from the State Police Crime laboratory to prove what the substance was.
April 2011, Massachusetts
Former law enforcement official drinks heavily throughout the night with his live in girlfriend. In the early morning hours, and argument ensues and he is accused of threatening to stab her with a fork. She calls the police who then arrest the client and charge him with Domestic Assault and Battery and Assault with a Dangerous Weapon. After he was arrested the police searched his house and seized firearms including automatic weapons. At his second court appearance Attorney Bratton successfully negotiates a dismissal of all charges against law enforcement official.
March 2011, New Hampshire
Twenty-six year old male was reportedly evading police in the town in Dracut, Massachusetts and stopped in Pelham. He was charged with Driving While Intoxicated in New Hampshire. Attorney Bratton secured a reduction in his charges to Reckless Operation, and he was given a sixty day loss of license and a $500.00 fine.
March 2011, New Hampshire
Client was charged in the Merrimack New Hampshire District Court with three counts of Criminal Mischief and one count of Domestic Assault and Battery. Each charge is a Class A Misdemeanor punishable up to 12 months in the House of Correction and a $2,000.00 fine.
Prior to trial, client was offered a six month house of correction sentence in exchange for a plea of guilty.
Attorney Harvey filed a motion for the Court to inquire into the victim and witnesses possibility of self incrimination if they testified at trial due to the fact that evidence would have revealed that the victim and witnesses were in the possession of a controlled drug at the time of the defendant's arrest.
Witnesses and victim were unable to testify. As a result the State did not have evidence to go forward with the prosecution of the Client.
CASE DISMISSED
October 2010, Massachusetts
A 22 year-old U.N.H. student was driving northbound on Route 93 in Stoneham during afternoon rush hour and swerved from his lane into the next almost striking a state police cruiser. The state trooper claimed he had to stand on his brakes to avoid the collision. He then pulled over the client and discovered the client had just used heroin before driving and was under the influence of the drug. He also found a small amount of heroin in the vehicle. The client was charged with OUI Drugs, and Possession of Heroin. At trial Attorney Bratton was able to exclude the testimony of the state police chemist who was there to verify that the substance found in the car was in fact heroin. Because the substance was excluded the State agreed to dismiss the OUI Drug charge and the Possession charge.
August 2010, Massachusetts.
The client, a twenty-six year old construction worker was followed by the MASP at 3:00 a.m. in Fitchburg, who claimed he was doing 40 mph in a 25 mph zone. The trooper followed him for approximately one mile before pulling him over. The trooper testified at trial the client had blood-shot glassy eyes, and smelled heavily of alcohol. The client performed field sobriety tests including the one leg stand, heel to toe, and touching fingertip to nose, all of which the trooper said he failed. On cross examination, Attorney Bratton was able to neutralize much of the trooper’s testimony, and the judge found the client not guilty of OUI, saving him the loss of his license, attendance in an alcohol program and nearly $2,000.00 in fines and costs.
May 2010, Massachusetts
Client is a New Hampshire farmer who for the last twenty-five years has participated in horse pulling contests at various state fairs. On August 29, 2008 the client's team of horses competed in a pulling contest at the North Hampton Fair and finished in fourth place. The State Racing Commission tested one of the horses and secured blood samples which came back positive for various performance enhancing drugs. Accordingly, the Department of Agriculture ordered that the client forfeit the prize money he had won, pay a $500.00 fine, and be suspended from any further horse pulling activities. After appearing before the Division of Administrative Law Appeals at a hearing and cross examining all witnesses involved, our client was found not responsible as the Department of Agriculture failed to show by a preponderance of the evidence that the blood samples drawn from the horse were the samples that the State Racing Commission laboratory had tested.
May 2010, Massachusetts
Forty-five year old registered nurse was followed by another motorist along Route 2 into the Fitchburg area who telephones the police that the client is “crossing the center line, driving on the wrong side of the road, and nearly striking trees and telephone poles”. The police begin pursuit and witness the same type of driving and stop her asking for her license and registration. The officer smells alcohol on her breath and notices that her eyes are bloodshot and glassy and that her speech is slurred. She is then arrested for OUI and brought to the police station. At trial Attorney Bratton discredits the State’s witnesses and the client is found not guilty.
April 2010, New Hampshire
Thirty-five year old finance professional is followed by another motorist who claims that she is driving “all over the road”. The motorist, in the interest of public safety, passes the client and stops her car blocking her in so she cannot drive any further. The motorist telephones police who arrive on scene and witness the client throw a bottle of vodka into the woods. After negotiations with the prosecution the State agrees to dismiss the DWI charge and instead accepts a plea of Reckless Operation saving the client an extensive loss of license and having to complete the drunk driver offender program.
March 2010, Massachusetts
Thirty-seven year old former combat Marine applied for a license to carry a concealed pistol in Massachusetts. His application was denied by the Lowell Police Chief since the veteran was being treated for Post Traumatic Stress Disorder (PTSD). Attorney Bratton requested a hearing to overrule the chief and have the license permit allowed. At the court hearing, Attorney Bratton presented a letter from the veteran’s psychiatrist saying that despite his PTSD he was still qualified to carry a concealed firearm and the judge ruled in his favor.
January 2010, Massachusetts
Client charged with Operating a Motor Vehicle While Under the Influence of Liquor, 2nd Offense and Open Container. Client faces a possible five year loss of license and a mandatory minimum six months in the house of correction. The client, while operating his motor vehicle at 1:30 a.m., collided with another automobile causing severe property damage. The police arrived on the scene and noted that the client had a strong odor of alcohol, slurred speach and red glassy eyes. In addition, the officers located a half-full bottle of beer located near the driver's seat. The client was issued a summons to appear to answer the criminal complaint of Operating a Motor Vehicle While Under the Influenced of Liquor, 2nd Offense, and Open Container. Attorney Harvey, on behalf of the client, argued that the motor vehicle accident was the result of icy road conditions and the client's appearance of intoxication was the result of a concussion the client sustained during the motor vehcile collision, which resulted in the client being transported to the hospital. Attorney Harvey submitted a certifed weather report and medical documentation. FINDING: Criminal Complaints DISMISSED.
December 2009, Massachusetts
Forty-year-old engineer accused of domestic assault and battery on live-in girlfriend who claims that he tried to choke her and broke her telephone to prevent her from calling the police. An additional charge of obstruction of justice was added regarding the telephone. After reviewing the police reports, Attorney Bratton discovers discrepancies in the alleged victim’s testimony. Bratton and Springer then hired an investigator to interview the alleged victim and she dramatically changes her testimony in a signed written report. That report is presented to the District Attorney’s Office, and on the day of trial, Attorney Bratton obtains a dismissal of all charges.
September 2009, Massachusetts
The client, a licensed mortgage broker in Massachusetts, was charged with assault and battery with a dangerous weapon, a felony. As a result of the criminal charges, our client was not permitted by the Massachusetts Bankers Commission to perform her duties as a mortgage broker until the case was resolved. Time was of the essense to resolve the criminal case. Upon investigation, Attorney Harvey, discovered that the "victim" was a convicted federal felon, and in addition, that he lied on his marriage license failing to disclose to his former wife that he was previously married and had two children from two different girlfriends. Attorney Harvey informed the prosecutor that he would be introducing the evidence at trial to impeach the credibility of the alleged "victim." Prosecutor dismisses charges against client. Client resumes her work as a mortgage broker.
August 2009, Massachusetts
Superintendent of the Lowell Police Department denied a man an application to carry a large capacity firearm based upon the client's failure to disclose that he had a prior 209A restraining order against him. Client was determined by the Superintendent of Police "not a suitable person to carry a firearm."
Attorney Harvey filed an immediate appeal to the Lowell District Court for a Judicial Review before a single Justice. Attorney Harvey argued that the client was a suitable person to carry a large capacity firearm, the client was a trustworthy individual with a high moral and ethical character and furthermore, the client's Consititutional Right's were violated. Judge allowed client's appeal to carry a large capacity firearm, and his license was issued.
July 2009, Massachusetts
Client arrested and charged with operating under the influence of alcohol, speeding and illegal passing. Police officer reports client illegally passed his marked police cruiser at a high rate of speed and was crossing the marked yellow lanes. Office reports upon pulling the vehicle over, he smelt a strong odor of alcohol on the client. In addition, the client's truck rolled back nearly striking the cruiser. The client performed and failed all of the field sobriety tests. Client took the breath test and blew a .20 BAC, over twice the legal limit in Massachusetts (.08). Attorney Harvey argued that the breath test was performed incorrectly and filed a motion to suppress based upon the fact that the client had a tongue ring in his mouth at the time of the breath test. Breath test was suppressed and therefore not allowed into evidence. Attorney Harvey also introduced evidence that the client did not illegally pass the police cruiser based upon photographs of the road and also evidence that the client sustained injuries to his legs which resulted in not being able to perform the field sobriety test. Client was found Not Guilty after a jury trial.
June 2009, New Hampshire
Nineteen year old man attends a house party where he is accused of beating another young man in the head with a collapsible baton requiring medical treatment. He is charged with Second Degree Assault (Assault & Battery with Deadly Weapon). At trial, the alleged victim identified the defendant as the man who beat him with the baton. Attorney Bratton successfully cross-examined the alleged victim showing that he had consumed over fifteen beers in a five hour period and had been starting fights with other people at the party. Because of the vagueness of the alleged victim’s memory due to the alcohol and his prior fights the jury acquitted the client preventing him from having to serve up to three and a half to seven years in prison.
June 2009, New Hampshire
After Bike Week in Laconia last year, the client was stopped by the New Hampshire State Police for traveling 95 mph in a 65 mph zone. The trooper claimed to smell alcohol on the client’s breath and asked him to exit the car. The client refused all field sobriety tests, claiming he was not drinking. The trooper arrested the man for DWI and then searched his car finding cocaine, steroids, and illegal knives for which the defendant was then arrested. The defendant was facing a sentence of up to ten years in state prison, and the State made a plea offer of two to four years in the state prison which Attorney Bratton rejected. Bratton filed a Motion to Suppress all of the evidence found in the car claiming illegal search and seizure due to a false arrest for DWI. At the Suppression hearing Bratton called five of the client’s friends who testified he had not been drinking before being arrested and that he had not drank alcohol for several years. The judge believed the credibility of the client and his witnesses over the troopers and agreed with Attorney Bratton to suppress the cocaine, steroids, and illegal knives.
May 2009, Massachusetts
Forty-five year old nurse leaves a family party at 11:00 p.m. after drinking some beer. While on Route 40 in Groton she is followed by another motorist who testifies that she hit two snow banks, drove on the wrong side of the road, and ran two stop lights. The motorist called 911 and the police followed her claiming she crossed the center line and white line twice before the police stopped her. The police claim she failed the field sobriety tests and was drunken and belligerent with them. She was arrested and charged with DWI and went on trial in the Ayer District Court. At trial, Attorney Bratton had the Court suppress the testimony of the motorist who followed her and introduced medical records showing the client had an injured lower back. Also, she was wearing three inch heels which interfered with the field tests. After trial, the jury deliberated for fifteen minutes and returned a not guilty verdict on the charge of DWI, saving the client from losing her license for up to one year.
April 2009, Massachusetts
A 55-year-old male construction worker spends the evening drinking at the VFW. On his way home at night he sideswipes a stone wall flattening his tire. He then drives on his rim for one quarter of a mile before hitting a telephone pole. The Waltham Police arrive on scene and arrest the client after he fails several field sobriety tests. At the police station booking desk the client exhibits irrational behavior including trying to kiss the arresting officer. The client has no memory of any of the events of the evening, including driving and being arrested. One week after his arrest, Attorney Bratton suggests the client go to the hospital to be evaluated for any illnesses that might have affected him the night of his arrest. The client is diagnosed with Type II diabetes for which he requires insulin to control. At trial, Attorney Bratton calls an expert witness to testify that the effects of untreated diabetes are identical to being under the influence of alcohol. After six hours of deliberations the jury is unable to convict the client. Had he been convicted, this would have been his third offense.
April 2009, Massachusetts
A 50-year-old lawyer who was temporarily separated from his wife returns one evening to his marital home in an affluent neighborhood. He notices a strange car parked in front of his house and enters the house to find his wife entertaining another man. A fight ensues between the client and the other man, resulting in the client being charged with attempted murder. Through negotiations with the District Attorney’s Office Attorney Bratton has attempted murder case dismissed. Instead the client was tried for assault and battery against the other man. After only ten minutes of deliberation the jury acquits the client preventing him from being convicted, and resolving all problems with the lawyers licensing board on behalf of the client.
March 2009, New Hampshire
A 35-year-old woman is arrested in Salem for shoplifting at the Rockingham Mall and faced felony theft charges. On the day of trial Attorney Bratton negotiates a reduction to a misdemeanor with no jail time and the woman paid a small fine.
March 2009, Massachusetts
A 20-year-old army private has a restraining order issued against him by his former girlfriend, who is 21 years of age, alleging physical and emotional abuse. The woman went to court to extend the restraining order against the client for one year. At the hearing, Attorney Bratton successfully cross-examined the woman pointing out for the judge many inconsistencies in her testimony. After a full hearing, the judge dismissed the restraining order in favor of our client.
March 2009, Massachusetts
A woman is charged with assaulting male co-worker at their workshop. A Magistrate’s Hearing was held to determine whether the woman should be charged with Assault and Battery. After a hearing, the magistrate dismissed the charges against the client finding that she acted in self-defense.
February 2009, New Hampshire
A 26 year-old man is arrested in Plymouth NH after leaving a college bar charged with Driving While Intoxicated. He fails all field sobriety tests and refuses the breathalyzer. On the day of trial, Attorney Bratton negotiates with the state trooper dismissing the Driving While Intoxicated charge and instead pleading to Reckless Operation. Rather than facing a possible nine month loss of license, plus drunk-driving school and substantial fines of over $1,000.00, the man lost his right to drive in New Hampshire only for 60 days and paid a fine of $500.00. Attorney Bratton was successful in pointing out to the state trooper the shortcomings of the State’s Driving While Intoxicated case.
February 2009, New Hampshire
Motorcyclist is stopped for speeding at Lake Winnipesaukee during Bike Week for allegedly traveling 92 mph in a 35 mph zone. Attorney Bratton requested a hearing before the court, and through plea negotiations with the state trooper had the ticket dismissed, with the motorcyclist paying no fine or surcharge.
January 2009, Massachusetts
Twenty-four year old man passes a speed trap in Chelmsford going 20 miles over the limit. The police follow him with blue lights on for about ½ mile when the man pulls into his driveway and hands the keys to his girlfriend. Two police officers approach him, detecting a heavy odor of alcohol on his breath and observing that he is unsteady on his feet, has slurred speech and glassy eyes. The man refuses field sobriety tests and the police arrest him for Operating Under the Influence. During the arrest they smash him into the police cruiser putting a large dent in the fender. He is additionally charged with felony destruction of police property. At trial the man testified he had two beers earlier that evening and was speeding because he was late getting home. After trial, while represented by Attorney Bratton he was found Not Guilty, saving him from losing his license, attending the alcohol impairment program, and thousands of dollars in court costs and fines.
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