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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
Nashua Office
35 East Pearl Street
Nashua, NH 03060
Tel. (603) 886-6500
Fax (978) 452-3278 |
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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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