Personal Injury Cases
Attorney Bratton Wins $3,000,000 Settlement for Client
The plaintiff, a forty-five year old computer programmer, was a patient of the defendant OB-GYN since 1978, receiving routine care and treatment. She underwent tubal ligation without incident. Several years later, she presented to the OB-GYN with symptoms involving heavy and frequent menses, dizziness, fainting and vaginal pain. Pelvic ultrasound revealed a 3.3 cm uterine fibroid. A hysteroscopy and biopsy did not show malignancy. Nonetheless, a total hysterectomy was performed in 2002 during which the plaintiff’s ovaries appeared normal. In June of 2003 plaintiff saw the defendant OB-GYN because of pelvic pain and an ultrasound was performed. The ultrasound was not read by the defendant hospital for over one year, nor did the defendant doctor follow-up on the status of the ultrasound. The plaintiff called the doctor during the year and was told several times by staff that the film was “in the hands of the hospital” and that “no news is good news.” By coincidence and inadvertence, a radiology technician of the defendant hospital found the film and it was read by a radiologist who saw Stage I cancer of both ovaries. The defendant doctor was notified that the film had been found and of the apparent cancer. Defendant doctor ordered CA-125 exams that showed enormously high readings evidencing ovarian cancer. An urgent care referral was made by the defendant doctor to a specialist, who continues to treat the plaintiff for Stage III ovarian cancer. The plaintiff’s experts determined that, had the ultrasound been read when it was performed and not one year later, the plaintiff’s cure rate would have been about 80 percent. Now her life expectancy is a maximum of five years.
Counsel for the plaintiff made formal written demand of the defendants March of 2006. Suit was filed in June of 2006 and the case settled in September of 2006. The plaintiff was never told that a wrongful delay in diagnosis had occurred. Rather, when the plaintiff spoke with counsel about an unrelated legal matter, she expressed doubts and concerns of the quality of care provided by the defendant doctor. Counsel obtained her medical records, and discovered a confidential internal memo from the director of the defendant hospital to the defendant doctor advising that the hospital had forwarded the matter to its liability carrier, directing the doctor to do the same. But for this unusual chain of events, it is possible that plaintiff would have never discovered the malpractice, nor brought a claim. Plaintiff reached a settlement with the insured in the amount of $3,000,000.00.
Bratton & Springer Win 2.5 Million for Client in a Wrongful Death
United States District Court of New Hampshire (No. 1:07-CV-3248-JL)
On February 14, 2007, a heavy snow storm moved through the Northeast, lasting much of the evening and stopping around midnight. The following morning on February 15, 2007, prior to 7:00 a.m., the Plaintiff, a twenty-seven year old nursing student was the operator of a vehicle traveling south in the right lane of Route 93, in the vicinity of Exit 4, in the State of New Hampshire. Her six year old son was properly restrained in a child seat in the rear of her vehicle. The Defendant was a long distance hauling company from Quebec, Canada, operating a tractor trailer with an attached flatbed loaded with palettes of plywood. As the Defendant attempted to pass the Plaintiff his truck began to jack-knife, dragging the Plaintiff’s vehicle along the roadway and guardrail a distance of approximately two football fields. As a result of the impact the Plaintiff suffered various injuries including a fracture of her right femur and hip, incurring approximately $100,000.00 in medical bills. Her son was tragically killed in the loss.
Bratton & Springer, LLP filed a lawsuit against the Defendant, asserting that he was negligent in the operation of his tractor trailer and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant contended that he was not negligent in the operation of his tractor trailer. Moreover, the Defendant argued that the State of New Hampshire and the Department of Transportation were negligent in the maintenance of the subject roadway in failing to properly sand and salt. The Defendant subsequently filed a third party complaint against the State of New Hampshire. Throughout the handling, the Defendant, through its insurance company, made offers only as high as $700,000.00 to resolve the case amicably.
Three weeks prior to trial, at a non-binding mediation before the Honorable Robert Morrill, Bratton and Springer successfully obtained a settlement for their client in the sum of Two Million Five Hundred Thousand Dollars.
$750,000 Won for Salesman Injured in Car Accident During Work
Plaintiff counsel was retained to represent a forty one year old married, father of three HVAC salesmen stemming from a car accident. The plaintiff was the belted operator of his vehicle traveling south. The Defendant was traveling north in his Jeep. The Defendant for no apparent reason crossed over the center line striking the Plaintiff’s vehicle head on. The Defendant died at the accident scene as a result of the collision. As a result of the accident the plaintiff suffered a dislocated left hip, fractured left forearm necessitating internal fixation and a fracture of the right orbit necessitating additional surgical repair. The Plaintiff was an in-patient at a hospital for two weeks following the accident and remained in a rehabilitation hospital ten days thereafter. The plaintiff incurred roughly $169,000.00 in medical bills and collected $15,500.00 in indemnity benefits from the worker’s compensation carrier having returned to work part time only four months after the accident and full time with no restriction six months following the loss.
Bratton & Springer filed a detailed demand against the Defendant seeking the voluntary payment of the one million dollars coverage readily available on the date of loss, asserting that the Defendant was negligent in the operation of his motor vehicle and his employer was vicariously liable. A litany of experts was retained to further support the case for trial. The Defendant Insurer did not contest liability but argued that the Plaintiff had a remarkable recovery following the accident, having returned to work in his previous capacity.
Six weeks after being retained, Bratton & Springer successfully obtained a settlement for their client in the sum of $750,000.00 with the Defendant Insurer, having the Worker’s Compensation Insurer agree to pay the next $30,000.00 in medical expenses before they begin to appreciate their Hunter v. East Cost Transportation Holiday.
Pedestrian Struck by Speeding Car Settles for $325,000
The subject accident occured at approximately 1:30 p.m., at the intersection of Market Street and North Beacon Street, in Brighton, Massachusetts. The Plaintiff was attempting to cross the street when he was struck by the Defendant's vehicle. At the time of the accident, the sixty-six year old, married, male Plaintiff suffered from schizophrenia, depression, developmental delay, hypertension, was hard of hearing, and had poor vision due to glaucoma. The Plaintiff was struck by the Defendant vehicle when he was in the crosswalk although it was posted at the time, "Do Not Walk". The Defendant proceeded through the intersection with the green light as verified by non-biased witnesses at the accident scene. The Plaintiff claimed that the Defendant failed to operate her vehicle at a safe and reasonable speed and that she failed to yield to the Plaintiff pedestrian, albeit he was proceeding through the crosswalk when posted not to do so. The Plaintiff suffered lacerations to his left eyebrow extending to the bridge of his nose, abrasions to his hands and knees, and a right femur fracture requiring surgical repair. The Plaintiff's experts contended that the pre-existing conditions of schizophrenia suffered by the Plaintiff prior to the accident were dormant and in control, and although no closed head injury occurred per-se, the trauma sustained to the Plaintiff's body exacerbated his dementia. The Plaintiff reached an amicable settlement with the Defendant for $325,000.000.
Woman Injured in Motor Vehicle Accident Wins $300,000 Settlement
The Plaintiff, a 41-year-old office manager was operating her vehicle on route to work proceeding through an intersection when she was struck by the Defendant vehicle. The Defendant was cited for failure to stop for the posted signal he was faced with. The Plaintiff sustained a left ulnar fracture, rotator cuff tear and elbow dislocation necessitating surgical repair, incurring $69,000.00 in medical bills. She was deemed totally disabled for nine weeks. The most helpful witness was the Plaintiff’s primary physician who provided a detailed narrative. Less than one year following the loss the Plaintiff reached settlement with the Insured for the sum of $300,000.00.
$250,000.00 Global Policy Limits Settlement for 22-Year-Old New Hampshire Woman
The Plaintiff was a front seat passenger in her boyfriend’s vehicle that failed to proceed with caution at a controlled intersection, causing injuries which included a fracture of her left tibia. Attorney Springer successfully obtained joint-tort feasor contribution from the two vehicles insurers involved having them tender the full policy limits of a combined $150,000.00 and thereafter obtained an additional $100,000.00 from the underinsurance carrier. The claim was resolved in full within four months of the subject accident.
$230,000 Settlement for Minor Assaulted on School Bus
Attorneys Bratton and Springer obtained a $230,000.00 settlement at mediation on behalf of a minor autistic child assaulted on his school bus. The Insurer for the Defendant employer originally fought the claim seeking a disclaimer of coverage on a basis that such assaults were intentional acts and outside the scope of one's employment. After prevailing on motions for Declaratory Coverage at the Superior Court level with the Court affording coverage, the settlement was obtained on the minor's behalf.
Motorcyclist Struck by Another Rider Settles for $175,000
The plaintiff, a fifty-four year old printer, was idling his motorcycle in stop and go traffic on Route 3 southbound in Laconia, New Hampshire during bike week. The Defendant lost control of his motorcycle, striking the Plaintiff's right leg with his front tire. The Plaintiff sustained $748.45 in property damage. The defendant contended that he was not at fault for this loss. Moreover, that the Plaintiff grossly exaggerated his treatment and the necessity thereof. Through further negotiations with the insurance company, the case resolved for $175,000 at a private mediation.
Motorcyclist Injured When Forced to Stop Suddenly Settles for $160,000
The plaintiff, a 43 year-old pressman for the Boston Herald, was attempting to merge onto Storrow Drive, westbound. The plaintiff struck the vehicle in front of him in the rear fender, causing him to be propelled on the roadway. The Plaintiff asserted that the Defendant vehicle stopped suddenly in her attempts to merge onto Storrow Drive when there was no need to do so, causing the Plaintiff to rear-end her. The Defendant denied she was negligent contending she never stopped her vehicle, but rather she was merely slowing down as she was yielding to other vehicles already on Storrow Drive. The Plaintiff dislocated his right shoulder and fractured his right hip necessitating surgery with a conservative course of physical therapy thereafter. The Plaintiff returned to work less than one year following the loss. Through negotiations with the insurance company the case settled for $160,000 prior to trial.
Settlement for Accident at NH Fireworks Display Resolves 5 Months Prior to Trial
The case was referred to Bratton and Springer, LLP by the client's previous attorney after he received a denial of the disputed claim. The client, a 71 year-old grandmother from Florida was attending a town fireworks celebration and claimed she was injured and suffered heart ailments as a result of being struck by debris and/or the casing of the firework. As the defendant was a Massachusetts corportation, Bratton and Springer, LLP instituted a lawsuit in the Middlesex Superior Court and amicably reached a settlement of $150,000.00 five months prior to the scheduled trial date.
Partygoes Hurt by Homeowner's Fireworks Wins $125,000 for Injuries
On July 4, the Plaintiff, a 39 year old male attended a party at the Defendant’s home. The Defendant had constructed a steel cylinder device to shoot off fire works and had done so with other partygoers prior to the Plaintiff’s injury. Thereafter, the Plaintiff attempted to light the device on his own and it exploded prematurely blowing off his index and middle finger and fracturing his wrist. The Plaintiff brought a claim against the home owner contending he was negligent in creating a dangerous and defective device and by his failure in warning against its dangerous propensity, demanding full payment of the home owner’s bodily injury limits of $300,000.00. The Defendant argued that the Plaintiff, who was found to be intoxicated at the time of the loss with blood work showing he was over tow times the State’s legal limit, would be barred from recovery due to his comparative negligence as he assumed the risk and danger was open and obvious. Through negotiated agreement the parties reached a settlement five months after the incident for $125,000.00.
$100,000 Settlement for Man Injured in Hit-and-Run
Attorney Bratton attends cookout for a group of clients he represents. At the party, Bratton meets a man who was struck by an automobile while he was a pedestrian, nearly severing his leg. The man had retained another attorney two months earlier who did not return clients phone calls nor prosecute his claim for damages. Two days after the cookout, the client came to the offices of Bratton & Springer and discharged his prior lawyer. Within two weeks Attorney Springer recovered a settlement of the maximum insurance available of $100,000.00.
Bar Patron Injured in Fight Wins $80,000
The Plaintiff, a 36 year old male attended a Veteran’s Hall with his brother-in-law (the Defendant), and approached a man who was a patron at the bar. The Plaintiff and the man went out in the parking lot for further discussion and the man punched the Plaintiff in the head knocking him to the ground, rendering him unconscious. This punch was witnesses by the Defendant. The Defendant took the Plaintiff to his car and drove home. Thereafter, the Defendant aided the Plaintiff into his home where he went into seizure and 911 was summoned. The Plaintiff sustained a brain hemorrhage necessitating surgical draining. The Plaintiff brought a claim against the homeowner contending he was negligent in rendering assistance to him, more specifically, in his unreasonable delay in calling for help. The Defendant contended that the Plaintiff would be barred from recovery as a matter of law as his injury stemmed from a drug deal gone bad, contending the Plaintiff’s brain injury occurred when he was either punched in the head or when he was knocked to the ground and in no way was the Defendant negligent in rendering assistance to the Plaintiff. In November of 2004, the Plaintiff reached an amicable settlement for $80,000.00
$75,000.00 Awarded to Man Injured in Downtown Lowell
The client was allowed by an on-duty Lowell police officer to ride a Segway scooter on a public street, from which he fell, suffering serious head injuries. Initially the client went to another attorney who sued the police officer and City of Lowell. On the day of trial, the case against the police officer and the City of Lowell was dismissed due to the first lawyers’ malpractice. Bratton & Springer sued that lawyer on behalf of the client for legal malpractice and recovered a settlement in the amount of $75,000.00.
Client Assaulted and Attorney Obtains $45,000 Settlement Within 4 Months
Client was a 53 year-old divorced, unemployed handyman. He attended a well known bar and pool hall in Cambridge, Massachusetts with friends. While inside, a patron had approached the clients female companion and had made unflattering comments. Words were exchanged to the effect of "mind your own business". When the client was exiting the bar later in the evening this same patron smashed a beer bottle over the clients right eye, fracturing his nose and orbit, which necessitated twenty-five stitches. The client treated medically on two occasions and incurred $6,355.18 in medical bills. Our office successfully brought a claim against the bar for negligent service of alcohol to the assailant and within four months of handling, was capable of obtaining a settlement for the client in the amount of $45,000.00.
HELLS ANGEL RELEASED ON $50,000 BAIL FOR ALLEGED DOMESTIC
ASSAULT AFTER STANDOFF
February 2017, New Hampshire
As the case proceeded, Attorney Bratton conducted an investigation into the charges, including obtaining the text messages of the alleged victim, an affidavit from her friend after the incident which contradicted what she told the police, and surveillance film of the client’s home; all of which were presented to the Court at a hearing in January. After the hearing, a justice of the Superior Court dismissed the charges when the prosecutor did not obtain an indictment. The client was cleared of all the charges and his bail money of $50,000.00 was returned along with his property seized during the arrest and search warrant.
May 2016, Massachusetts
The client, a self-employed contractor, accused another individual of having an affair with his wife, as a result he allegedly drove to the other individuals work place and in front of four witnesses allegedly threatened to kill the man with a gun for the affair. After trial in the Lowell District Court, with Attorney Bratton representing him, the judge found the client not guilty based on legal arguments that were presented by the attorney. The client and attorney Bratton had rejected two plea bargain offers made by the District Attorney’s office before Trial. The defendant has no record as a result of this case.
April 2016, New Hampshire
The client, a businesswoman in New Hampshire, was at a bar having drinks with friends when an intoxicated woman approached her and shoved her in the chest, prompting the client to punch the woman in the head, knocking her to the floor with an all-out bar brawl resulting. The client was charged with starting the fight and was scheduled to go to trial for Simple Assault. On the day of trial, after further discussion with the witnesses the prosecutor dismissed the case at Attorney Bratton’s request, resulting in no criminal conviction for the client.
June 2015, Massachusetts
The client, a forty-year- old auto mechanic was charged with Armed Assault with Intent to Murder, Mayhem, Assault and Battery by Means of a Dangerous Weapon with Serious Bodily Injury, and Assault and Battery by Means of a Dangerous Weapon. He faced a total of seventy years in State Prison if found guilty of the charges. The case arose when the client was in his backyard at night arguing with his girlfriend. She called her ex-husband, who weighs 300 pounds and is 6’2”, to come and get her without my client’s knowledge. Half an hour later the ex-husband (victim) arrived at my clients’ house and exited his vehicle. The victim testified my client attacked him with a knife slashing him five times in the head, face and neck area resulting in approximately one hundred and fifty stitches and staples to close the wounds. My client then ran off into the woods and was found hiding by the police with a canine dog. My client was arrested and brought to the station for questioning and was given a public defender. The next day he was held without bail in the county jail. Attorney Bratton was retained, and was subsequently able to have the client released on an ankle bracelet and $10,000.00 cash bail. The clients’ version of events, was that the victim arrived at his house and ran at him yelling “I’m going to f*$&in kill you,” although he did not have a weapon. The client testified before the jury of twelve that the 300lb victim punched him in the face, breaking his glasses and knocking him to the ground when he dove on him. The victim put him in a headlock, and began to choke him at which time my client, who was suffocating, began to wildly flail at the victim with the knife to attempt to get out from under him. After a three day trial in Lowell Superior Court the jury agreed with the clients self defense version of events and Attorney Bratton obtained an acquittal on all charges.
October 2014, Massachusetts
Client is a forty-five year old Rhode Island resident traveling home from Massachusetts on Route 495 in a rainstorm when her car became disabled with a flat tire. AAA Road Service as well as the police responded, and the Massachusetts State Police determined her to be intoxicated. The client was charged with Operating Under the Influence, 3rd Offense, due to prior convictions for the same offense in Florida over fifteen years ago. Attorney Bratton argued that the prior convictions should be excluded from the case due to their lack of proper certifications, and the judge agreed. The client received a first offense disposition, and avoided possible jail time, and extended loss of license, and hefty fines.
September 2014, New Hampshire
The client, a member of a prominent motorcycle club was driving northbound on Route 93 in Laconia, New Hampshire when he was stopped for Speeding by the New Hampshire State Police. The client had been previously convicted of a felony for selling drugs, and when the police discovered that he was carrying a large knife clipped to his pocket, they arrested him for being a Felon in Possession of a Deadly Weapon. The prosecutor for the State of New Hampshire asked that the client be sentenced to one and a half to three years in New Hampshire State Prison. After negotiating and advocating for the client, Attorney Bratton was able to obtain a suspended sentence through a plea bargain for the client, and he did not have to go to serve time in prison.
September 2014, Massachusetts
The client was parked in a restaurant lot in Tewksbury, Massachusetts off of Route 495 when another car pulled up next to him. He exited his vehicle and sat in the other, while, unknown to the client, the Tewksbury Police Department was doing uncover drug surveillance in the area and suspected that a drug transaction was taking place. The client exited the car, returning to his vehicle and began to drive away when he was boxed in by several unmarked police cruisers. He was arrested for Possession of a Class B Substance with Intent to Distribute and had a sum of money in his pocket. The attorney argued at a Motion Hearing that the police had no probable cause to search our client since they did not witness any drug transaction take place. The Judge agreed and the case was dismissed.
August 2014, Massachusetts
According to the Clinton Police Department, who did not witness any of the following, the client was accused of being intoxicated and driving a pickup truck into a telephone pole, snapping it in half, and knocking out power to the neighborhood. He allegedly flattened his tire during the crash, and drove home on the rim which left a gouge in the pavement that allowed the police to follow from the accident scene to the client’s house. When they arrived they observed the clients’ truck had significant damage to the bumper and fender, a flat tire, a broken headlight, and a damaged grill. The police knocked on the clients’ door at 2:00 a.m. and he refused to answer. The police then charged him with Leaving the Scene of an Accident after Causing Property Damage. At the request of Attorney Bratton, the client exercised his Fifth Amendment right to not testify and the case resulted in a dismissal.
June 2014, New Hampshire
The client, a computer engineer in Merrimack, New Hampshire was arrested for allegedly assaulting his wife and charged with Domestic Violence. After several Court appearances, the attorney was able to have the matter dismissed on a technicality so the client received no conviction on his criminal record.
May 2014, New Hampshire
A member of a prominent motorcycle club was traveling on Route 3 North from Massachusetts into New Hampshire where he was stopped by the New Hampshire State Police for Driving on a Suspended License. The client was searched and a hunting knife was found in a sheath on his belt. He had been previously convicted of a felony and was arrested for being a Felon in Possession of a Dangerous Weapon, and faced one and a half to three years in the New Hampshire State Prison. Through plea bargaining and negotiation with the Hillsborough County Attorney’s Office, the attorney was able to obtain the client a suspended jail sentence, so he did not have to serve time.
After a night of drinking at a bar in Gardner where the defendant consumed alcohol, he then proceeded to Route 2 to return home. Prior to entering the roadway, the client stopped at a fast food restaurant and purchased two cheeseburgers, which he was eating while driving. A Massachusetts State Police trooper approached from behind and observed him weaving out of the white marked lane and stopped the client with his blue lights. The client explained that he may have been weaving because he was eating, but the trooper ordered him to exit the vehicle and perform field sobriety tests. The trooper testified at trial that the client failed the heel to toe test and the one leg stand but passed the alphabet test. Unknown to the trooper at the time he gave the tests the client had suffered a broken foot years ago while in the armed forces which affected his balance when taking the test. After a full trial attorney Bratton was able to convince the judge that the client was not guilty of Operating Under the Influence of Alcohol.
Client was arrested for Operating Under the Influence when the police officer claimed he ran a red light at midnight in Waltham, almost striking a cruiser which was proceeding through a green light. The client had a heavy odor of alcohol and slurred speech, and was asked to exit the vehicle and to perform field sobriety tests. The defendant failed the field sobriety tests and was brought to the station where he refused to take the Breathalyzer. Unknown to the police officer was the fact that the client had a broken foot five years earlier and had a metal plate inserted which affected his ability to perform the tests. After a jury trial, the client was acquitted of all charges.
Client made two hand to hand sales of small amounts of marijuana to an undercover Dracut police officer. A hearing was held to determine whether he should be charged with the crime of Possession with Intent to Distribute and with Drug Distribution, each of which could carry jail time and a two year loss of license. At the hearing, Attorney Bratton was able to convince the magistrate that due to the clients lack of a prior record and his positive employment history that the case be continued without a finding for one year and the dismissed if the client has no further problems with the law.
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.
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.
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.
A forty-five 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.
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. The attorney 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.
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.
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: The attorney 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. The Attorney 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.
New Hampshire, September 2011
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.