Case Results

In August 2020, a driver arrested for OUI in Middleboro, MA, was processed at the Middleboro Police Department, where the booking video was never preserved. Months later, the defense requested the footage, but it had been auto-deleted due to the department’s 60-day retention policy.

Attorney Flanagan filed a Motion to Dismiss, arguing that the missing video—likely showing the client’s demeanor and police conduct—was key exculpatory evidence. The Wareham District Court agreed and dismissed the OUI charge, citing a due process violation.

Court: Wareham District Court – Plymouth County, MA.

In March 2023, a driver was arrested in Mansfield, MA and charged with Operating Under the Influence (OUI). Due to a breath test machine malfunction, the driver was transported to Norton Police Department, but the critical booking video was never preserved.

At trial in Attleboro District Court, Attorney Flanagan argued that the missing video—likely showing the client's condition and police procedure—violated due process. He highlighted failures in preserving key evidence and questioned whether proper 15-minute observation protocols were followed.

The judge returned a Not Guilty verdict, finding that the missing evidence raised significant doubt.

Court: Attleboro District Court – Bristol County, MA.

In November 2024, our client was arrested at her home in East Wareham and charged with Assault and Battery on a Family or Household Member, a domestic violence offense under Massachusetts law. Police responded to a 911 call, and although no photographs or medical evidence were obtained, the client was accused of striking her husband during an argument.

Attorney Flanagan brought the case to trial in Wareham District Court. The alleged victim declined to testify, and the Commonwealth was unable to prove its case. Following a full bench trial, the case was dismissed in its entirety.

Court – Wareham District

In November 2024, our client faced a criminal citation in connection with a single-vehicle crash involving a fire hydrant on Liberty Pole Road in Hingham, Massachusetts. The Hingham Police Department issued a citation for leaving the scene of property damage and a marked lanes violation after identifying the vehicle involved.

The case was scheduled for a clerk-magistrate’s hearing at Hingham District Court. Attorney David Flanagan represented the client at the hearing and presented supporting medical records and mitigating evidence. Following the presentation, the clerk declined to issue a criminal complaint.

As a result, the matter was resolved at the preliminary stage, no formal charges were filed, and the client avoided arraignment and a criminal record.

Court: Hingham District

In July 2024, our client was charged with Leaving the Scene of Property Damage and Following Too Closely after a multi-vehicle accident on Route 24 North in the Stoughton area. Although the vehicle was later identified by police, the client had left the scene, leading to formal charges.

Attorney Dave Flanagan represented the client through multiple court dates. At a bench trial, he challenged the lack of clear evidence tying the client to any wrongdoing. The judge found the client not guilty, resulting in a full dismissal and no criminal record.

Court - Stoughton District.

In December 2024, our client was involved in a motor vehicle accident near Marine Road and I Street in South Boston. While swerving to avoid an object in the road, the client’s vehicle struck two parked cars. Emergency personnel, including Boston Police, EMS, and fire services, responded to the scene, and the client reported a minor head injury.

Following the incident, the client was at risk of being charged with leaving the scene of property damage, among other potential offenses. Attorney Flanagan intervened early in the process and successfully resolved the matter prior to arraignment in the Boston Municipal Court – South Division. As a result, the case was dismissed before formal charges were ever filed, and there is no record of the offense.

Court: South Boston / Boston Municipal Court – South Division