Nicholas C. Howie - Licensed in MA & NH
February 2012

Charges:
 Drunk Driving 1st Offense 

Facts: Client was pulled over for speeding, when officers approached they observed slurred speech, red glassy eyes, and an odor of alcohol. Client denied drinking but failed 3 of 3 field sobriety tests. Client refused the breath test.
 
Result: At trial I was able to show the  flaws in how the officer performed the field sobriety tests, and how the cruiser cam did not show signs of intoxication. Officer admitted my client was "borderline". After trial the Judge found the weight of the evidence did not meet the standard required for a guilty verdict and found the client NOT GUILTY.
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Charges: Aggravated Drunk Driving 

Facts: Client admits to drinking and fails all field sobriety tests requested by the officer. Client faces mandatory jail sentence if convicted.

Result: On the day of Trial, the prosecutor conceded the Aggravated Drunk Driving charge avoiding a mandatory jail sentence, and client pleads to a simple DWI.

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January 2012
 
Charges: Driving to endanger, failure to stop, possession of Marihuana, possession of fireworks.
 
Facts: Client accused of going on a high speed car chase, also found to have drugs and fireworks in his vehicle.
 
Result: On the day of trial the Commonwealth was not ready to proceed to trial, I motion to dismiss all charges which was allowed.
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December 2011
 
Charges: Assault
 
Facts: Client accused of assaulting ex-girl friend, multiple people allegedly witness the event.
 
Result: On the day of trial the ex- girl friend admits to striking my client first and prosecutor dismissed all charges.
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Charges: Administrative License Hearing.
 
Facts: Client charged with DWI and was hit with a 6 month loss of license for refusing the Breathalyzer.
 
Result: Client's license privileges were restored that day.
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November 2011
 
Charges: Assault and battery (2 counts).
 
Facts: Client accused of attacking his mother and father.
 
Result: Client and parents agree this is a big misunderstanding and on the day of trial the charges were dismissed.
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Charges: Aggravated Drunk Driving
 
Facts: Police pulled over my client for erratic driving and blew a .16 on the breath test. Client also failed 3 of 3 field sobriety tests.
 
Result: On the day of Trial, the prosecutor conceded the Aggravated Drunk Driving charge avoiding a mandatory jail sentence.
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October 2011
 
Charges: Drunk Driving 1st Offense
 
Facts: Client pulled over for going through a red light, he admitted to drinking and told the officer her was "buzzed".
 
Result: At trial I was able to keep out the comment about being "buzzed" and my client was found not guilty of operating under the influence.
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Charges: Fugitive from Justice
 
Facts: Client was arrested in Concord, NH on an out of state warrant for possession of cocaine. Client's bail was set at $100,000 cash.
 
Result: After spending a week in jail and the outlook bleak I was retained by the client, I immediately filed a motion to reduce bail, two days later I was in court with the motion opposed by the police prosecutor. After the hearing my client's bail was reduced to personal recognizance and he was released that day.
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September 2011
 
Charges: Drunk Driving 1st Offense
 
Facts: Client lost control of vehicle and police found his car stuck in a snow bank. Upon speaking with the client the officer smelt a strong odor of alcohol, red glassy eyes, and slurred speech. He also failed 3 out of 3 field sobriety tests and admitted to drinking.
 
Result: At trial I was able to show the  flaws in how the officer performed the field sobriety tests, and based upon the conditions of the road that my clients performance on the tests was reasonable. After trial the Judge found the weight of the evidence did not meet the standard required for a guilty verdict and found the client NOT GUILTY.
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August 2011
 
Charges: Insurance Fraud and conspiracy to commit insurance fraud.
 
Facts: Client was charged with faking a car accident and filing a false insurance claim.
 
Result: Prior to trial all charges were dismissed upon payment of a small fine.
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July 2011
 
Charges: Drunk Driving 1st Offense
 
Facts: Client pulled over for going 100 MPH, client admits to having 4 - 5 beers and is unsteady on his feet.
 
Result: At trial the officer admitted that my client passed 2 of the 3 sobriety tests that he was asked to do. The Jury eventually found the client NOT GUILTY.
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Charges: Aggravated Drunk Driving
 
Facts: Police pulled over my client for falling asleep at the wheel, client admitted to drinking and smelt of alcohol.
 
Result: On the day of Trial, the prosecutor conceded the Aggravated Drunk Driving charge, and the client pleads to only a civil violation, avoiding having a DWI on his record.
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Charges: Violating a restraining order.
 
Facts: Client accused of contacting his wife while a restraining order was in place.
 
Result: At a clerk's hearing the clerk magistrate ruled that the complaint was not to go forward. No criminal charges sought.
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June 2011
 
Charges: Drunk Driving 1st Offense
 
Facts: Police pulled over my client for a yellow line violation, client admitted to drinking and smelt of alcohol. She failed 3 field sobriety tests and refused the Breathalyzer.
 
Result: After a bench trial client was found NOT GUILTY.
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Charges: DWI - Drugs
 
Facts: Client admits to taking sleeping pill, gets in car accident and fails field sobriety tests.
 
Result: On the day of trial, the prosecutor dropped the Drunk Driving charge, and the client plead to only a civil violation.
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May 2011
 
Charges: 3 Counts A & B, 2 Counts A & B Dangerous Weapon, 2 Counts Threats to Kill.
 
Facts: Client accused of striking his wife, trying to run her over with his car, threatening to kill her, and trying to smother her. Client also accused of threating to kill another family member and assaulting another family member on 2 different occasions on the same day. The prosecution wanted to put my client in jail, he wanted to vindicate himself and prove his innocence.
 
Result: After a two day trial and 7 witnesses called by the prosecution against my client he was found NOT GUILTY of all 7 counts charged against him.
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Charges: Drunk Driving 1st Offense
 
Facts: Client was in a single car auto accident, police arrive on scene and smell strong odor of alcohol coming from client, client failed 3 sobriety tests and admitted to drinking.
 
Result: I argued client was not intoxicated and had no previous record, police prosecutor agreed to dismiss Drunk Driving charge, client pleads to civil violation and avoids having a DWI on his record.
 
April 2011
 
Charges: Drunk Driving 1st Offense
 
Facts: Police pulled over my client for lane violations, client admitted to drinking and smelt of alcohol.
 
Result: On the day of trial, the prosecutor dropped the Drunk Driving charge, and the client pleads to only a civil violation.
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Charges: Theft of an MV.
 
Facts: Client accused of stealing a car.
 
Result: All charges dismissed. 
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Charges: Assault and Battery on a household member
 
Facts: Client accused of pushing a member of his family down the stairs.
 
Result: On the date of the Pre- trial all charges dismissed. 
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Charges: Drunk Driving 1st Offense
 
Facts: Police pulled over my client for clipping a snow bank, client was eventually charged with DWI.
 
Result: On the day of the Motion to Suppress, the prosecutor conceded the Drunk Driving charge, and the client pleads to civil violation.
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March 2011
 
Charges: Assault with a dangerous weapon.
 
Facts: Client accused of throwing a knife at a household member.
 
Result: Client was adamant that this was a big misunderstanding, finally on the day of trial all the charges are dropped.
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February 2011
 
Charges: Aggravated DWI
 
Facts: Client in a car accident, breath test resulted in .20, looking at mandatory Jail time.
 
Result: On the day of trial, the Aggravated DWI was dismissed and Client was able to get out of this mess with no Jail Time.
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Charges: 2 Counts Domestic Assault and Battery
 
Facts: Police Charge client with 2 count of domestic A & B alleging that my client attempted to run over his girl friend on 2 different occasions, client adamantly denied these allegations.
 
Result: On the day of trial, I was able to show the District Attorney the flaws in their case and eventually dropped all charges against my client.
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Issue: Client has been accused of neglect and her nurses license was in jeopardy.
 
Facts: Client was fired from her job and the department of public health (DPH) filed a suit against her looking for a finding of neglect.
 
Result: After a 2 day hearing the DPH was not able to prove their case against our client and all the charges were dropped.
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January 2011
 
Charges: Drunk Driving 1st Offense, Negligent operation of an MV.
 
Facts: Police smelt strong odor of alcohol coming from client, client failed 3 sobriety tests and admitted to drinking.
 
Result: On the day of trial, the court dismisses all charges over the Commonwealth's objection.
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Charges: Aggravated DWI, possession of Controlled Drug.
 
Facts: Client arrested for Aggravated DWI and possession of Drugs.
 
Result: Aggravated Charge dismissed, Possession Charge Dismissed. Client pleads to simple DWI and avoids jail time and lengthy license loss.
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Charges: License suspension hearing (ALS).
 
Facts: Client's license was suspended for six months for blowing over on the Breathalyzer.
 
Result: After hearing, license is restored as police failed to follow procedures necessary to uphold loss of license.
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December 2010
 
Charges: Aggravated DWI
 
Facts: Client's breath test was .18 he allegedly failed all field sobriety tests and smelt of alcohol.
 
Result: Aggravated charge dismissed, client avoids Jail Time and lengthy loss of license. 
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October 2010
 
Charges: Drunk Driving 1st Offense
 
Facts: Police smelt strong odor of alcohol coming from client, client failed 3 sobriety tests and admitted to drinking.
 
Result: Drunk Driving charge dismissed, client pleads to civil violation and fines. 
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Charges: Assault and Battery w/ a dangerous weapon.
 
Facts: Client accused of striking man with a baseball bat.
 
Result: All charges dismissed. 
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Charges: License suspension hearing (ALS).
 
Facts: Client lost license for six months due to his refusal to take the breath test.
 
Result: After hearing license was restored as officer failed to appear and notify the hearings officer of the reason for his absence.
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September 2010
 
Charges: Receiving stolen property
 
Facts: Client charged with receiving stolen vehicle.
 
Result: All charges dismissed.
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Charges: Assault and Battery
 
Facts: Client charged with shoving man.
 
Result: At a clerks hearing I am able to prove the flaws in victims statements, all charges are dismissed.
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July 2010
 
Charges: Drunk Driving 1st Offense
 
Facts: Police smelt strong odor of alcohol coming from client, client fails all sobriety test and breath test results are .10.
 
Result: Drunk Driving charge dismissed, client pleads to civil violation and fines. 
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Charges: Drunk Driving 2nd Offense
 
Facts: Police find client passed out in his vehicle with open beer can in his hand, and several other beer cans on the floor. Client can't perform sobriety tests.
 
Result: After a jury trial client is found NOT GUILTY of all charges.
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April 2010
 
Charges: Drunk Driving 1st Offense
 
Facts: Client was in a head on collision, his vehicle was found on the wrong side of the road, when police arrived at the scene client smelt of alcohol and failed all sobriety tests.
 
Result: At trial I highlighted the flaws in the police investigation, and the jury returned a verdict of NOT GUILTY.
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March 2010
 
Charges: Possession with intent to distribute in a school zone. (2-year mandatory jail sentence if found guilty).
 
Facts: Police observed client in a vehicle with two other men, officer saw a hand to hand transaction in the vehicle, client had multiple bags of Marijuana on him as well as a substantial amount of money.
 
Result: At trial I introduced evidence that the client could have been the buyer or seller, and the District Attorney could not prove beyond a reasonable doubt that client was in fact the seller, thus a NOT GUILTY verdict was returned. 
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January 2010
 
Charges: Possession of a firearm, possession of a loaded firearm, possession of ammunition, and possession of a Class E substance (ecstasy). 
 
Facts: Police observed man in "white T-shirt" bend over by a dumpster, a loaded firearm was found near this location, client matched description. During a terry frisk, police found a bag of pills identified as ecstasy. 
 
Result: Prior to trial I filed a motion to exclude evidence of the drugs, motion allowed and that charge was dismissed. At trial I was able to show the jury that there were 15 men in the area that all could have dropped the firearm. After a 5 minute jury deliberation client was found NOT GUILTY of all charges.
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PAST RESULTS
 
2009
 
Domestic Assault and Battery Trial: NOT GUILTY
 
Assault and Batter w/ a dangerous weapon: Motion to Dismiss allowed. Case Dismissed.
 
Malicious Destruction of Property: At pre-trial case dismissed.