Worcester Criminal Lawyer|OUI DUI DWI Attorney MA|Framingham Uxbridge

James J. Gribouski

Central District Court Worcester, Massachusetts February 3, 2010 Client, a forty year old Grafton, Massachusetts man was stopped at a sobriety checkpoint in Auburn, Massachusetts. After performing field sobriety tests he was arrested for OUI/DWI. He elected to take a breath test which registered .10, which is above the legal limit of .08. He was thus additionally charged with operating a motor vehicle with unlawful blood alcohol content.
Attorney Gribouski filed a motion to exclude the blood test results citing the case of Commonwealth vs. Pierre, which requires the breath test operator to keep the subject in observation for 15 minutes prior to administration of a breath test. The Commonwealth could not sustain its burden that the operator did so and the judge excluded the breath test results. This exclusion of evidence of the defendant’s blood alcohol level substantially weakened the Commonwealth’s case.
The case then proceeded to trial and attorney Gribouski’s cross-examination of the arresting officer demonstrated further weaknesses in the case. His client was found not guilty.
Central District Court Worcester, Massachusetts February 2, 2010 Client, a twenty-eight year old Millbury, Massachusetts man was involved in an argument with his live-in girlfriend. His girlfriend broke the windshield of the motor vehicle and struck him in the face. The police were called by neighbors and his girlfriend alleged that she had been assaulted by Attorney Gribouski’s client. The police then arrested Attorney Gribouski’s client and charged him with domestic assault and battery.
Attorney Gribouski met with the prosecutor to discuss the case. He pointed out to the prosecutor that he intended to cross-examine the girlfriend about her criminal acts and that would likely incriminate her. After this discussion the prosecutor chose to dismiss the case.
Central District Court of Worcester January 26, 2010 Client, a twenty-two year old Worcester, Massachusetts man was sitting in his car on the side of the road with a friend. Three Worcester Police Officers pulled their unmarked cruiser alongside of Attorney Gribouski's client and blocked its exit from its parking space. The alleged reason for this action was because one of the officers was aware that two months prior Attorney Gribouski's client's license had been revoked. The police ordered the client and his friend from the vehicle and confiscated cocaine and money.
Attorney Gribouski filed a motion to suppress the evidence based upon an illegal search. He argued that the blocking of the motor vehicle constituted an arrest without probable cause, and that the police lacked specific, articuable facts to approach the motor vehicle. He further argued that the police did not know if his client's license was still suspended and in any event the police did not observe the client operating the vehicle so no crime was being committed. The judge agreed and allowed the motion to suppress, which throws out all of the evidence against his client.
Worcester Superior Court January 19, 2009 Client, a forty-seven year old Worcester, Massachusetts man was charged with rape and intimidation of a witness for an incident that occurred in Leominster, Massachusetts. Attorney Gribouski pursued the case aggressively through motion and discovery practice. He also conducted an extensive investigation to discredit the testimony of the alleged victim.
Prior to trial, Attorney Gribouski was able to convince the prosecutor to dismiss the intimidation of a witness charge which carried a maximum penalty of ten years in state prison. A jury was then impaneled. Immediately, prior to the opening statements, Attorney Gribouski was able to persuade the prosecutor to reduce the rape charge to a misdemeanor assault and battery. Attorney Gribouski's client then received one year of unsupervised probation.
Central District Court Worcester, Massachusetts Client, a sixty-five year old Charlton, Massachusetts woman was stopped at a sobriety checkpoint in Auburn, Massachusetts. The arresting state trooper did not observe any erratic operation by Attorney Gribouski's client. He testified however that he smelled alcohol.
She was requested to exit her motor vehicle and perform a heel to toe test and stand on one leg test. Attorney Gribouski cross-examined the trooper on the fact that the field sobriety test training manual states that individuals 65 years of age or older may have difficulty with these tests. He also pointed out that there are several other tests that are valid for this age group. The trooper refused to admit that these tests were invalid despite being confronted with the manual. After trial, Attorney Gribouski's client was found not guilty.
Central District Court Worcester, Massachusetts December 22, 2009 Client, a twenty-one year old Clark University student was arrested by the campus police after being found intoxicated on campus. After a struggle during his arrest, he was charged with assault and battery on a police officer, resisting arrest, threats and disorderly conduct. Attorney Gribouski was able to persuade the prosecutor to dismiss the most serious charges of assault and battery, threats and resisting arrest. The disorderly conduct charge was then continued on pretrial probation which means that Attorney Gribouski's client did not admit to any charges and the case will be dismissed if he has no further difficulty.
Worcester Superior Court,December 18, 2009 Client, a forty-six year old Northbridge, Massachusetts man was indicted for an eighth offense of operating under the influence of liquor. Attorney Gribouski’s client had been arrested at 11:50 AM and had submitted to a portable breath test, which registered a .21 blood alcohol level. Approximately two hours later, Attorney Gribouski’s client submitted to a breath test at the police station which registered a .15 blood alcohol level.
Attorney Gribouski filed a motion to suppress the breath test results based upon Commonwealth vs. St. Pierre, which requires the breath test operator to keep the subject in observation for fifteen minutes to ensure that he does not burp, hiccup or place anything in his mouth that would contaminate the test. This motion was allowed and the judge ruled that the Commonwealth could not use the breath test result in its case. The ruling considerably weakened the Commonwealth’s case and as a matter they agreed to reduce the charge to a third offense.
Worcester Superior Court,December 17, 2009 Client, a Worcester, Massachusetts man was charged with rape in the Central District Court of Worcester. At a probable cause hearing, Attorney Gribouski cross-examined the complainant at length about the many inconsistencies in her story. During the cross-examination, Attorney Gribouski was able to develop a large number of further inconsistencies to the point of completely discrediting the complainant’s testimony. As a result, when the prosecutor presented the case to the grand jury, the grand jury refused to indict his client. This resulted in a complete dismissal of all charges.
Dudley District Court December 1, 2009 Client, a twenty-four year old Dudley, Massachusetts man was charged with possession with intent to distribute marijuana after a drug sniffing dog registered a positive hit for drugs on the outside of his motor vehicle. Upon searching the motor vehicle, the police found several individually packaged amounts of marijuana that were consistent with the offense of distribution.
Dudley District Court December 1, 2009 Clients, an Oxford, Massachusetts man and a Charlton, Massachusetts man were charged in separate incidents of domestic assault and battery. Attorney Gribouski scheduled both matters for trial. When the witnesses indicated to the prosecutor that they were reluctant to testify, Attorney Gribouski was able to win dismissals of the charges for both of his clients.
Westborough District Court October 29, 2009 Client, a forty-five year old, Worcester, Massachusetts antique dealer was charged with receiving stolen property after the police executed a search warrant at his place of business. Attorney Gribouski obtained a copy of the search warrant and its application and closely scrutinized it for legal defects. After reviewing the warrant, he filed a motion to suppress all the evidence seized as being illegally obtained. The case was scheduled for hearing and Attorney Gribouski pointed out the flaws in the warrant to the prosecutor and suggested that the case should be dismissed. The prosecutor agreed and dismissed the charges
Uxbridge District Court October 27, 2009
Client a thirty-three year old Uxbridge, Massachusetts man was arrested for the violation of a domestic abuse/209A Order. His wife had obtained an emergency order and when he drove past the family home in the morning the police arrested him. Attorney Gribouski was able to persuade the prosecutor to dismiss the charges, as his client had no other alternate route to take, but to drive past the family home. The charges against Attorney Gribouski’s client were dismissed.
Uxbridge District Court October 20, 2009
Client, a thirty-one year old Douglas, Massachusetts man was involved in a motor vehicle accident in Douglas, Massachusetts. He was brought to the hospital and received a citation for OUI/DWI. Attorney Gribouski recommended that he request a clerk magistrate’s hearing immediately, which he did. The magistrate nevertheless issued a complaint against him before he had an opportunity to have a hearing. Attorney Gribouski filed a motion to dismiss pursuant to M.G.L. ch. 218 § 35A, which allows a clerk’s hearing for certain crimes. The judge agreed that Attorney Gribouski’s client should have been granted a hearing and dismissed the complaint.
Worcester Superior Court October 5, 2009
Attorney Gribouski’s client, a nurse, was charged with the sexual assault and rape of a patient at a Worcester, Massachusetts hospital where he was employed. Attorney Gribouski engaged in discovery pursuant to the procedures set forth in Commonwealth v. Dwyer, which enabled Attorney Gribouski to obtain voluminous information. Due to the extensive discovery that Attorney Gribouski was able to gather, the case was dismissed without a trial.
Worcester District Court September 17, 2009
Client, a thirty-five year old Worcester, Massachusetts man was stopped by a Massachusetts State Police Officer for allegedly failing to keep his motor vehicle within marked lane and as a result, he was arrested for OUI/DUI. According to the police report, Attorney Gribouski’s client had difficulty standing and difficult answering simple booking questions. Attorney Gribouski was able to demonstrate through his cross-examination of the Trooper that the government’s case was weak. The judge agreed and Attorney Gribouski’s client was found not guilty.
Uxbridge District Court September 8, 2009
Client, a twenty-four year old, resident of Sutton, Massachusetts was arrested in her home by officers of the Sutton Police Department for disorderly conduct and resisting arrest. Attorney Gribouski was able to persuade the prosecutor that police do not have the right to arrest a person in their own home for disorderly conduct and thus the arrest was not valid. The prosecutor agreed and the case was dismissed.
East Brookfield District Court September 2, 2009
Client, a forty-two year old resident of Brookfield, Massachusetts was arrested in his home for allegedly assaulting his girlfriend and was charged with assault and battery with a dangerous weapon. He was released on bail, but rearrested and charged with violating an abuse prevention order when he tried to contact his children. Attorney Gribouski was able to demonstrate to the prosecutor that the allegations were fabricated for the girlfriend to obtain and advantage in an ongoing custody batter. The charges were dismissed.
Worcester District Court August 25, 2009
Client, a twenty-five year old Worcester, Massachusetts man was arrested for OUI/DUI after police found him passed out in his motor vehicle while he was in a drive-thru of a Dunkin' Donuts. When the police arrived, Attorney Gribouski’s client was behind the wheel of his motor vehicle, his car was in park and his engine was still running. After his arrest, the client elected to take a breath test which registered almost twice over the legal limit.
Attorney Gribouski was able to obtain the videotape of his client’s booking, which revealed that the Worcester Police had not properly administer the breath test. Thus, Attorney Gribouski was able to persuade the judge to exclude the breath test results from evidence and at trial demonstrated that the officer’s testimony was not credible. Attorney Gribouski’s client was found not guilty.
Worcester District Court August 20, 2009
Client, a fifty-five year old Douglas, Massachusetts man was charged with Assault by means of a dangerous weapon after he allegedly threw a computer at his wife. Attorney Gribouski was able to convince the prosecutor to dismiss the charges against his client.
Uxbridge District Court August 19, 2009
Client, a forty-five year old Sutton, Massachusetts man was involved in an automobile accident in Sutton, Massachusetts. The Sutton Police investigated the accident and subsequently arrested Attorney Gribouski’s client for OUI/DUI. Attorney Gribouski took the case to trial and demonstrated through cross-examination that the Commonwealth could not prove its case beyond a reasonable doubt. The judge agreed and found Attorney Gribouski’s client not guilty.
Worcester Superior Court August 4, 2009
Client, a fifty-four year old Paxton, Massachusetts woman was charged with the embezzlement of three hundred thousand dollars from her employer. She was additionally sued civilly for the return of the money. Attorney Gribouski was able to develop, through the use of experts, several reasons in mitigation of his client’s actions.
After many months of negotiation, Attorney Gribouski was able to negotiate a settlement of the civil case for the reduced sum of two hundred thousand dollars. He was also able to convince the prosecutor that due o his client’s extensive problems that incarceration was not appropriate. His client was sentenced to ten years probation.
Worcester District Court July 8, 2009
Client, a twenty-four year old Worcester, Massachusetts man was charged with assault and battery with a dangerous weapon, as a result of a fight in his apartment. Attorney Gribouski argued that his client was merely defending his girlfriend who had been assaulted by the complainant. After several hearing dates, the case was dismissed.
Worcester Central District Court July 6, 2009
Client, a thirty-two year old Worcester, Massachusetts man was arrested in Worcester for OUI/DWI after he was found asleep behind the wheel of his car, in the drive-through lane of Dunkin Donuts. He subsequently took a breath test at the Worcester Police Department and registered well over the legal limit of .08.
Attorney Gribouski filed a motion to exclude the breath test on the grounds that the police did not observe his client for 15 minutes prior to the administration of the breath tests, as required by Massachusetts law. The police sergeant, who administered the test, testified that not only had he observed the defendant for the required period, but he also had another officer do so as well. Attorney Gribouski had obtained a videotape of the testing procedure during pretrial discovery that contradicted the sergeant’s testimony. The judge ruled that the Commonwealth will not be allowed to introduce the breath test results at trial.
Worcester Superior Court July 3, 2009
Client, a forty-eight year old Northbridge, Massachusetts man was arrested for OUI/DWI in Upton, Massachusetts. He was subsequently brought to the Hopedale, Massachusetts Police Department where he submitted to a breath test that registered a result well over the legal limit of .08. Due to the fact that this was his eighth offense of OUI, he was indicted by a Worcester County Grand Jury.
Attorney Gribouski filed a motion to suppress the results of the breath test, arguing that the Massachusetts regulation that controls breath testing procedures were not complied with, due to the failure of the police to observe his client for fifteen minutes. The judge agreed and has ruled that the Commonwealth excludes the test results as evidence at trial.
Worcester District Court Jury Session July 2, 2009
Client, a twenty-eight year old Douglas, Massachusetts man was charged with possession with intent to distribute marijuana, as a result of his arrest in Douglas. Attorney Gribouski took the position that the marijuana found in his client’s motor vehicle was for personal use only, despite the fact that a scale and packaging material was found as well. Attorney Gribouski was able to persuade the prosecutor to not only reduce the charge to simple possession of marijuana, but also to continue the case without a finding with unsupervised probation. His client thus did not suffer any loss of license or conviction.
Worcester Central District Court June 29, 2009
Client, a 21-year-old Worcester, Massachusetts college student, was hosting a college party at his apartment in Worcester. When police entered his apartment without a warrant Attorney Gribouski’s client attempted to question the police about the propriety of being in his apartment. The police then claimed that Attorney Gribouski’s client assaulted them and he was placed under arrest for assault and battery on a police officer. After extensive negotiations, Attorney Gribouski was able to convince the prosecutor to dismiss the charge against his client.
Worcester Superior Court June 19, 2009
Client, an eighteen year old Millbury, Massachusetts man was charged with three counts of rape and one count of indecent assault and battery as a result of an incident that occurred at a high school party in Mendon, Massachusetts. Attorney James J. Gribouski represented this young man at trial and was able to win acquittals for him on the three counts of rape. Although the defendant was convicted of indecent assault and battery, Attorney Gribouski was able to convince the judge to only give his client two years probation.
Worcester Central District Court Jury Session June 12, 2009
Client, a thirty-two year old Douglas, Massachusetts man was charged with arson of a motor vehicle. After months of pretrial discovery and motions, Attorney Gribouski was able to persuade the prosecutor to dismiss the charges, due to insufficient evidence and the case was dismissed.
Worcester Central District Court Jury Session June 2, 2009
Client, a twenty-seven year old Sutton, Massachusetts man was observed by a Worcester Police Officer to drive straight through an intersection into the woods. When the officer asked Attorney Gribouski's client to exit the motor vehicle, the officer testified that he could not stand-up. The officer arrested his client for OUI/DUI and brought him to the Worcester Police Department for booking. At trial, Attorney Gribouski vigorously cross-examined the officer and pointed out the discrepancies between the officer's testimony and the booking videotape. When the jury could not reach a verdict, the OUI/DUI was dismissed.
United States Federal District Court June 18, 2009
Client, a twenty-four year old Oxford, Massachusetts woman was charged with conspiracy to distribute cocaine. These charges arose as a result of lengthy wiretap investigations and resulted in the arrest of over fifteen individuals. Attorney Gribouski was able to demonstrate that his client was the least involved of all individuals and despite the fact that she was heard on wiretap arranging the delivery of cocaine he was able to convince the judge to sentence her to probation.
Worcester Central District Court May 29, 2009
Client, a thirty-seven year old Worcester, Massachusetts man was originally charged with home invasion, which carries a twenty year minimum mandatory felony. It was alleged that he entered another person's home and threatened her with two handguns. Attorney Gribouski was initially able to obtain a reduction of the charges when he persuaded the prosecutor that the case was weak. At trial, he was able to convince the prosecutor that his key witness was lying. When the witness was confronted with this fact, she chose not to testify and the case was dismissed.
United States Federal District Court Boston, Massachusetts May 18, 2009
Client a twenty-eight year old Fitchburg, Massachusetts man was charged with trafficking in cocaine after being stopped with 124.5 kilos of cocaine in the trunk of his automobile in Revere, Massachusetts. He was then indicted for the charge that carried a minimum mandatory sentence of ten years in federal prison. Attorney Gribouski was able to negotiate with the United States Attorney's Office a reduction of the charge to eliminate the potential minimum mandatory sentence in exchange for guilty plea. At the time of sentencing the United States Attorney recommended that Attorney Gribouski's client be sentenced to a term of four years in prison. Attorney Gribouski convinced the judge to sentence his client to three years probation.
Worcester Central District Court May 19, 2009
Client, a thirty year old Worcester, Massachusetts man was arrested in Auburn, Massachusetts for OUI/DUI after being stopped for driving 74 MPH in a 40 MPH zone. The arresting officer testified that Attorney Gribouski's client smelled of alcohol and had red and glassy eyes. He then testified that the client was unable to perform several field sobriety tests. Attorney Gribouski was able to demonstrate through cross-examination that there are several separate and distinct parts to the field sobriety tests and that each is equally important. By doing so, Attorney Gribouski was able to show that his client had actually done reasonably well on these test. This created enough reasonable doubt and he was found not guilty.
Worcester Central District Court May 11, 2009
Client, a thirty-eight year old Blackstone, Massachusetts man was stopped in Auburn, Massachusetts after an Auburn Police Officer followed him for allegedly having an unlit license plate. After following him and claiming that he was crossing marked lanes he was stopped. Attorney Gribouski's client's passengers had open containers of beer in his vehicle. His client's truck was registered in Rhode Island and did not require an inspection sticker. When asked why he was stopped, the officer informed him it was for no inspection sticker. He was subsequently asked to do field sobriety tests, which the officer claimed he failed. He was subsequently arrested for OUI/DUI and took a breath test that registered a .16 result.
Attorney Gribouski filed a Motion to Suppress all of the evidence in the case, based upon the illegal stop of the motor vehicle. As his client's truck did not require an inspection sticker in the Rhode Island, the police were in error for stopping him for not having one. The judge agreed with Attorney Gribouski and suppressed all of the evidence, which included the observations of the police, the open containers and the breath test results. Without any of this evidence, the Commonwealth could not proceed to trial and the case was dismissed.
Worcester Central District Court May 6, 2009
Client, a twenty-seven year old Holden, Massachusetts man was stopped by the Paxton police for allegedly weaving while driving. According to the police officer's testimony, Attorney Gribouski's client failed three field sobriety tests. He was consequently arrested and charged with DUI/DWI. Attorney Gribouski was able to convince the judge that the Commonwealth was unable to sustain or meet its burden of proof beyond a reasonable doubt. Attorney Gribouski's client was found not guilty.
Worcester Central District Court May 6, 2009
Client, a thirty-seven year old Worcester, Massachusetts police officer was charged with the crime of assault and battery by means of a dangerous weapon. Attorney Gribouski's client was facing the loss of his job if convicted of this serious felony. The allegations arose because his client was involved in an affair with the wife of another police officer. When he rebuked her suggestions that he move in with her, she fabricated allegations that he had assaulted her. Attorney Gribouski was able to demonstrate through cross-examination that the complaining witness had a lengthy history lying and had made many contradictory statements. A jury found Attorney Gribouski's client not guilty after only 45 minutes.
Marlborough District Court May 4, 2009
Client, a nineteen year old Auburn, Massachusetts woman was charged with conspiracy to violate the controlled substance laws. She had allegedly driven a friend to Marlborough, Massachusetts where the friend sold drugs to an undercover police officer. As the case was a first offense for Attorney Gribouski's client and the evidence against her was weak, Attorney Gribouski was able to persuade the prosecutor to dismiss the case.
Worcester District Court April 29, 2009
Client, a thirty-six year old Worcester, Massachusetts woman was arrested at the St. Patrick's Day Parade in Worcester, Massachusetts as she was trying to enter a bar. She was charged with assault and battery and malicious destruction of property.
Attorney Gribouski was able to convince the prosecutor that interests of justice would be sewed by a dismissal of the charges. All charges were dismissed.
Clinton District CourtMay 1, 2009
Client, a thirty-five year old West Boylston, Massachusetts man was charged with embezzlement and identity fraud after allegedly using his employer's bank routing number to illegally pay his personal bills. Attorney Gribouski successfully argued that the case should be dismissed.
Worcester District Court April 15, 2009
Client, a thirty year old Webster, Massachusetts man was involved in a motor vehicle accident in Douglas, Massachusetts. He called his girlfriend to be picked up and left the scene without waiting for the police. He called the police at a later time and was then charged with operating to endanger and leaving the scene of a property damage accident. Attorney Gribouski was able to persuade the prosecutor that he did not have sufficient evidence to proceed with the charges. The prosecutor agreed and dismissed the case.
Westborough District Court April 9, 2009
Client, a forty-six year old Shrewsbury, Massachusetts man was stopped at a sobriety checkpoint on Route 9 in Shrewsbury. He was asked to perform field sobriety tests and was then arrested for OUI/DUI by a Massachusetts State Trooper. Mr. Gribouski’s client was then transported to the Millbury State Police Barracks.
At the trial, the Trooper testified that Attorney Gribouski’s client failed three field sobriety tests and that it was his opinion that the client was under the influence of liquor. Attorney Gribouski was able to demonstrate through cross-examination that his client had been driving fine and had in fact done reasonably well on the field sobriety tests. At the conclusion of the trial, Attorney Gribouski argued to the court that the Government had not met its burden of proof beyond a reasonable doubt and that his client should be found not guilty. The judge agreed and found Attorney Gribouski’s client not guilty.
Worcester District Court April 1, 2009
Client, a twenty-seven year old, West Brookfield, Massachusetts woman was involved in a motor vehicle accident in Worcester, Massachusetts. The police arrived after the accident and asked who was driving. The client responded that she was driving and that she was drunk. She was arrested and brought to the Worcester Police Department, where she submitted to a breath test that registered a blood alcohol reading of .19.
Attorney Gribouski filed a Motion to Exclude the Breath Test requesting that the results from the breath test be excluded based on the grounds that the breath test operator did not keep his client in continuous observation for fifteen minutes, as required by law. He was able to convince the prosecutor by agreement that the motion should be allowed and that this evidence could not be used against his client.
The trial then proceeded with the testimony of the arresting officer. At the conclusion of the trial, Attorney Gribouski requested that his client be found not guilty on the grounds that her statement alone was not sufficient proof, beyond a reasonable doubt, that she was the operator of the motor vehicle. The judge agreed and found Attorney Gribouski's client not guilty.
Uxbridge District Court March 31, 2009
Client, a twenty-three year old, Whitinsville, Massachusetts woman was involved in a single car accident in Sutton, Massachusetts. After an investigation, a Sutton Police Officer issued a citation for operating under the influence of liquor, operating negligently and marked lanes violation. Under Massachusetts law if a person is not under arrest and receives a citation, the individual is entitled to a clerk magistrate's hearing to show cause why criminal charges should not issue. Attorney Gribouski's client was not given this opportunity and a criminal complaint for the above offenses was issued.
Attorney Gribouski filed the appropriate motion and memorandum to convince the judge that his client's rights were violated and the charges should be dismissed, the judge agreed and the case was dismissed.
Clinton District Court March 31, 2009
Client, a thirty-eight year old West Boylston, Massachusetts man was stopped at a State Police sobriety checkpoint on Route 12 in West Boylston. He was directed to a pit area and instructed to do a field sobriety test that he failed. He subsequently submitted to a breath test and registered a blood alcohol level of .16, which is twice the legal limit.
After an extensive review of the Massachusetts State Police policies that regulate the conduction and implementation of roadblocks, Attorney Gribouski believed that the policies in his client's case were not followed and that his client was wrongfully seized. Attorney Gribouski filed a Motion to Suppress Evidence seeking the suppression of all evidence obtained as a result of the illegal seizure. The judge agreed and suppressed the observations of the police, as well as the breath test reading. Realizing that the Commonwealth no longer had any evidence with which to prosecute Mr. Gribouski's client, the government dismissed the case.
Worcester District Court March 26, 2009
Client, a twenty-three year old Sutton, Massachusetts man was stopped on Route 146 in Millbury, Massachusetts on December 14, 2008 for traveling 83 MPH in a 55 MPH zone. A Massachusetts State Trooper followed the young man into a convenience store parking lot. Upon approaching the client's motor vehicle, he observed two bottles of beer in the vehicle. The trooper then testified that the client appeared dazed and did not know how old he was. The trooper testified that the client failed three field sobriety tests.
At trial Attorney Gribouski was able to demonstrate through cross-examination, that other than the speed of the motor vehicle, his client was operating without difficulty. Additionally, he was able to demonstrate that the field sobriety tests were not valid due to his client's medical condition. Attorney Gribouski's client was found not guilty and Attorney Gribouski was also able to persuade the judge to reinstate his client's license ninety days early
Dudley District Court March 12, 2009
Client, a thirty-seven year old Watertown, Massachusetts man was stopped by the Massachusetts State Police for allegedly operating a motor vehicle with a dirty license plate in Oxford, Massachusetts. After being stopped, the police discovered that Attorney Gribouski's client had a suspended license as a result of refusing the breath test during an operating under the influence of liquor arrest.
Attorney Gribouski was able to convince the prosecutor that there was no basis for the stop of his client's motor vehicle and thus the information the police gathered as a result of the stop was illegally obtained. The case was dismissed.
Worcester Superior Court March 11, 2009
Client, a forty-six year old North Grosvenordale, Connecticut man was charged with first-degree murder. The government alleges that Attorney Gribouski and Attorney Power's client had punched a man in the face and then kicked him in the side of the head, as he lay helpless on the ground. The medical examiner testified before the grand jury that the deceased had sustained two separate and distinct fractures of his skull, which would corroborate the government's case.
Attorney Gribouski and Attorney Power conducted an extensive investigation both in the factual basis of the charge, as well as the medical evidence. They were able to develop a case of self-defense on behalf of their client based upon witness statements and physical evidence. More importantly, however, by hiring well-qualified and experienced experts they were able to demonstrate to the prosecutor that the act of the deceased's head striking the pavement could have caused the two fractures and that the kick did not necessarily cause the second fracture.
After months of negotiations and a demonstration of their thorough investigation, Attorney Gribouski and Attorney Power were able to convince the prosecutor to reduce the charge from first-degree murder, which carries a potential penalty on conviction of life in prison without parole, to involuntary manslaughter, which carries on conviction a maximum penalty of twenty years in prison. Attorney Gribouski and Attorney Power were then able to negotiate a plea agreement where their client was sentenced to serve five to seven years in prison.
Worcester District Court February 19, 2009
Client, a fifty-eight year old Millbury, Massachusetts man was involved in a hit and run pedestrian accident and then fifteen minutes later crashed his motor vehicle in Sutton, Massachusetts. He was charged with leaving the scene of an accident after causing personal injury and operating to endanger. Attorney Gribouski filed a series of pretrial motions, the majority of which were allowed by the trial judge. After much of the government's case was ruled in admissible the government agreed to reduce the charge to leaving the scene property damage and continue the case without a finding. This resulted in the client not losing his license and not going to jail.
Worcester District Court February 10, 2009
Client, a sixteen-year old juvenile was charged with assaulting his mother. Attorney Gribouski was able to convince the prosecutor to move to dismiss the case.
Worcester District Court January 22, 2009
Client, a forty-eight year old Worcester man was charged with assault and battery with a dangerous weapon for the alleged domestic abuse of his daughter. Attorney Gribouski was able to convince the prosecutor that the proper resolution of the case was a dismissal.
Uxbridge District Court January 21, 2009
Client, a twenty-five year old Sutton, Massachusetts woman was charged with OUI/DUI after being stopped for speeding. After she arrested she elected to take a breath test, which resulted in a reading of .09, which is over the legal lime of .08. Despite being faced with evidence of poor performance on field sobriety tests, as well as the breath test reading, Mr. Gribouski was able to convince the court that the Commonwealth had not proven its case beyond a reasonable doubt. Mr. Gribouski's client was found not guilty.
Uxbridge District Court January 21, 2009
Client, a nineteen-year-old Sutton, Massachusetts man was found to be in possession with a substantial amount of psilycibin mushrooms, as well as marijuana. He was charged with possession of a Class C substance with the intent to distribute. Mr. Gribouski filed a motion to suppress the drugs due to an illegal warrantless search and seizure. By demonstrating to the prosecutor that the search may have been illegal, Mr. Gribouski was able to convince the prosecutor to dismiss the possession with intent to distribute charge and to continue the other charges without any plea for six months on pretrial probation to be dismissed at that time.
Uxbridge District Court January 16, 2009
Client, a twenty-five year old Worcester, Massachusetts man was indicted for the embezzlement of seventy-eight thousand dollars from his employer. By conducting a through investigation of the employment records and business records of the employer, Mr. Gribouski was able to demonstrate that the actual amount was thirty thousand dollars less. Despite the prosecution's recommendation to the court that Mr. Gribouski's client serve a substantial jail sentence, Mr. Gribouski was able to convince the court to sentence his client to probation.
Dudley District Court January 15, 2009
Client, a twenty-three old Worcester, Massachusetts man was charged with possession of marijuana, a Class D substance and possession of a Class C substance. Mr. Gribouski was able to convince the prosecutor that the search and seizure of his client was illegal and was able to obtain a dismissal of the charges on payment of a small amount of court costs.
Worcester District Court January 8, 2009
Client, a twenty-five year old Northbridge, Massachusetts man was charged with OUI/DUI after his car struck a tree on the wrong side of the road in Millbury, Massachusetts. Mr. Gribouski's investigator revealed that his client suffered a head injury after striking the windshield. Symptoms of head injuries often mimic the symptoms of intoxication. Mr. Gribouski successfully argued that the case should be dismissed.
Worcester District Court December 30, 2008
Client, a twenty-two year old Worcester, Massachusetts man was charged with violating an abuse protection order after he sent a text message to his former girlfriend. At the time of the text message he was in Massachusetts and his former girlfriend was in Maine. Mr. Gribouski argued that Massachusetts did not have jurisdiction, because there was no crime until the message was received and the message was received in Maine not Massachusetts. Mr. Gribouski successfully argued that the Effects Doctrine prohibited Massachusetts from prosecuting his client. The case was dismissed.
Worcester District Court December 18, 2008
Client, an eighteen-year-old Sutton, Massachusetts man was arrested by the Sutton Police Department for OUI/DUI. The client then admitted to the police that he had consumed three and one-half beers in the hour just prior to being stopped. Attorney Gribouski was able to demonstrate through a vigorous cross-examination of the arresting officer that his client had operated his motor vehicle without difficulty and had performed reasonably well on field sobriety tests despite the officer’s initial testimony to the contrary. Mr. Gribouski’s client was found not guilty and a three-year license suspension was rescinded.
Westborough District Court December 17, 2008
Client, a Shrewsbury, Massachusetts man was stopped by the Massachusetts State Police at a sobriety checkpoint. He was arrested for OUI/DUI and subsequently took a breath test. After taking the test he requested an independent blood test, but the police did not allow him to be released until three hours after his arrest when a blood test would not be helpful. Attorney Gribouski argued that his client’s right to an independent blood test was frustrated by his inability to be bailed until three hours later and thus both his right to an independent blood test and his right to a prompt bail release were violated. The judge agreed with Mr. Gribouski and excluded the breath test results from evidence.
Westborough District Court December 10, 2008
A Hopkinton man was stopped by the Westborough Police and was charged with OUI/DUI. After a review of the police reports, dispatch logs and breath test records Attorney Gribouski was able to demonstrate to the court that the police had failed to comply with Massachusetts law that a person under arrest for OUI/DUI must be observed for fifteen minutes prior to the administration of a breath test. The court refused to allow Mr. Gribouski’s clients breath test to be admitted into evidence. The case was then dismissed.
Framingham District Court Jury Session December 8, 2008
Client was charged with a second offense OUI/DUI after being stopped by the Massachusetts State Police for driving 87 MPH on Route 495 in Upton, Massachusetts. After a vigorous cross-examination of the Massachusetts State Trooper, which demonstrated the inadequacies of the field sobriety testing procedures employed, Mr. Gribouski’s client was found not guilty.
Uxbridge District Court December 3, 2008
Client was charged with OUI/DUI approximately seven months after he was involved in a single car accident. Citing the provisions of M.G.L. c. 90 c. § 2, which provides that a citation must be given to an offender within a reasonable time after the offense. Attorney Gribouski was able to convince the judge to dismiss the OUI/DUI charge.
Uxbridge District Court November 12, 2008
Client was charged with DUI/OUI after being stopped by the Douglas Police Department. A request by his client’s family lawyer to advise his client to not submit to a breath test was ignored by the police. Additionally, through pretrial investigation Attorney Gribouski was able to demonstrate that the police officer who administered the breath test to his client could not have observed her prior to the test for a fifteen minute period, as required by Massachusetts law. Attorney Gribouski filed a pretrial motion to exclude the breath test results from evidence at trial and the judge agreed to exclude the results from trial, because the client’s right to counsel was violated, as well as the law pertaining to the fifteen minute observation rule.
Worcester District Court November 12, 2008
East Brookfield District Court November 5, 2008
Client was charged with domestic assault and battery, assault and battery with a dangerous weapon and violation of an abuse protection order. As a result of extensive pretrial negotiations, which demonstrated the inconsistencies in the complaining witnesses’ allegations, Attorney Gribouski was able to convince the prosecutor to dismiss all charges.
Worcester Superior Court October 20, 2008
Client was charged with assault with intent to maim and assault and battery with a dangerous weapon. Attorney Gribouski was able to demonstrate that his client was acting in self-defense through a vigorous cross-examination of the complaining witness. His client found not guilty.
Worcester Superior Court September 24, 2008
Client was indicted for a sixth offense DUI/OUI and operating after suspension. He was thus facing state prison time if convicted. Attorney Gribouski was able to demonstrate to the judge in pretrial motions that the government's documents could not substantiate the operating after suspension indictment. This was critical to keep this information from the jury, which would likely have tainted the DUI/OUI charge. After a vigorous cross-examination of the police witnesses the jury returned a not guilty verdict in twenty minutes.
Orleans District Court September 3, 2008
Client was charged with DUI/OUI third offense which would subject him to a mandatory jail sentence if convicted. Through effective negotiation and legal maneuvering Attorney Gribouski was able to persuade the prosecutor to reduce the charge to a first offense which only required the client to participate in DUI/OUI classes.
Other Cases
Mr. Gribouski continues to represent individuals charged with first-degree murder and is currently representing three such individuals. Additionally Mr. Gribouski continues to represent individuals charged with sexual assault and currently represents several such individuals.
Criminal Case Results Archives

Steven David Power

September 2009
Client, a Webster, Massachusetts resident was to be charged by the Shrewsbury Police Department with leaving the scene of property damage, after he was allegedly observed by numerous witnesses to have hit a dog with his motor vehicle and speed off. Attorney Power was able to negotiate out of court with the alleged victims and have the matter dropped before the charges issued. As a result, Attorney Power was able to prevent his client from having any entry on his criminal record.
Westborough District Court July 2009
Client, a Shrewsbury, Massachusetts resident was charged with assault and battery. Attorney Power was able to convince the district attorney's office and judge to dismiss the charges prior to arraignment. As a result of this disposition, Attorney Power's client was able to avoid having an entry on her record that may affect her in the future.
Worcester District Court June 2009
Client, a resident of Douglas, Massachusetts was arrested in Millbury for operating under the influence of liquor after he ran a stop sign, allegedly failed field sobriety tests and blew a .12 on the breathalyzer. After filing several motions, Attorney Power was able to get the breath test results excluded from evidence and after a trial his client was found not guilty.
Worcester District Court June 2009
Client, a resident of Douglas, Massachusetts was arrested in the Town of Sutton, Massachusetts for OUI after the police alleged that they observed Attorney Power’s client operate his motor vehicle erratically and failed several field sobriety tests. At trial, Attorney Power’s client was found not guilty and all charges brought against his client were dropped.
Milford District Court June 2009
Client, a resident of Milford, Massachusetts was arrested and charged with assault and battery, assault with intent to rape and sodomy after a woman alleged these offenses to the Milford Police. After a hearing in the Milford District Court, all charges were dismissed against the client.
Worcester Juvenile Court June 2009
Client, a juvenile from Grafton, Massachusetts was charged with assault and battery after he allegedly held a knife against his stepmother’s stomach. Attorney Power appeared for the client in the Worcester Juvenile Court and convinced the assistant district attorney and judge to dismiss the charges against his client and prevented his client from having any admissions or convictions on his record.
Worcester District Court June 2009
Client, a resident of Hartford, Connecticut was stopped by a Massachusetts State Trooper on Interstate 90 for allegedly traveling 86 MPH in a 65 MPH zone. After a hearing, Attorney Power was able to convince the Court that there were discrepancies in the traffic stop. The client was found not responsible and avoided all fines and insurance surcharges.
Worcester Superior Court May 2009
Client, a Roxbury Massachusetts woman was charged with possession with intent to distribute cocaine after an undercover police officer bought cocaine from the car in which she was a passenger. After a trial in Worcester Superior Court, Attorney Power’s client was found not guilty and the charges brought against her were dismissed.
Worcester Superior Court May 2009
Client, a Hartford, Connecticut man faced charges of larceny. Despite the fact that the client has done substantial time in other jurisdictions for similar offenses, Attorney Power was able to convince the assistant district attorney and judge to give his client credit for the time he was held (approximately 60 days) and avoid any further lengthy sentences.
Uxbridge District Court May 2009
Client, a resident of Northbridge, Massachusetts was charged with assault and battery after an alleged altercation with his neighbor. Attorney Power was able to convince the district attorney and judge to dismiss the case against his client.
Worcester Superior Court January 2009
Client, a former resident of Worcester, Massachusetts was charged in Worcester Superior Court with Trafficking Heroin after her apartment was raided, as a result of a search warrant for that address. Despite the fact that the client's name was on the lease and paperwork with her name on it was found in her apartment, Attorney Power was able to convince the District Attorney's Office to dismiss the case against his client, thus avoiding a minimum mandatory seven year prison sentence.
Winchendon District Court January 2009
Client, a Winchendon, Massachusetts resident was charged with kidnapping and Assault and Battery with a Dangerous Weapon after he allegedly cut his girlfriend's shirt off with a knife, while holding her against her will. Attorney Power, after moving for the case to be dismissed, was able to convince the Court to dismiss the case against his client.
Worcester Superior Court December 2008
Client, a Worcester man, currently on probation for Armed Burglary and Attempt to Commit a Crime is placed into custody after failing to comply the terms of his probation. The client has a significant amount of time hanging over his head after previously being sentenced to a split sentence. Attorney Power is able to negotiate with the probation department and get his client reprobated to avoid the balance of his sentence being inspired despite the fact that the client failed to show up at probation for nine scheduled meetings.
Fitchburg District Court November 2008
Client, a resident of Rutland, was stopped in the Town of Boylston at 4:25 am. Police observed a strong odor of alcohol coming from the client, slurred speech, and that the defendant was "very unsteady on his feet." The client also admitted he was coming from a bar. The client was arrested and charged with second offense OUI. After a trial, Attorney Power successfully defended the client and he is found not guilty.
Worcester Superior Court November 2008
Client, a Woonsocket, Rhode Island resident has been indicted on a single charge of armed robbery after being the driver of a getaway car involved in an armed robbery in Bellingham, Massachusetts. Despite the fact that she is facing the potential of life in prison, Attorney Power was able to negotiate a plea agreement where the defendant was placed on probation and not required to serve any prison sentence.
Worcester Central District Court October 2008
Client, a Worcester woman, has been cited by the Worcester Police Department for speeding after being stopped for going 47 MPH in a 30 MPH zone. Attorney Power appears at a clerks hearing for the client and after the hearing the client is found not responsible, as a result protecting her license and preserving her insurance rates. This is the second ticket Attorney Power has successfully defended for this client within a six-week time frame.
Milford Juvenile Court September 2008
A juvenile is charged with Assault and Battery after a fight at school. Attorney Power convinces the District Attorney and Judge in Milford Juvenile Court to dismiss the charges prior to Arraignment so his client has no juvenile record.
Fitchburg District Court September 2008
Client, a resident in the Town of West Boylston, is charged with Operating Under the Influence, Failure to Stop, and Negligent Operation after a police officer observes what he believed was erratic operation. The client did poorly on the filed sobriety tests and had a .17 breath test reading. Attorney Power was able to get the breath test results excluded from evidence and on the day of trial and the Assistant District Attorney agreed to dismiss the OUI charge. Attorney Power was able to get his client a Continuance Without a Finding on the charges of Failure to Stop and Negligent Operation resulting in the client having no convictions on his record.
Fitchburg District Court September 2008
Client, a resident of the State of Michigan, contacted Attorney Power about charges out of the Fitchburg District Court that he received in 1989 while serving in the military and being stationed in Massachusetts. Attorney Power was able to convince the District Attorney in Fitchburg District Court to dismiss the case without the client ever appearing before the Court and ultimately save the client from having to travel to the Commonwealth of Massachusetts.
Worcester Superior Court September 2008
Client, a nineteen year old woman from the Town of Fitchburg and recent high school graduate, was indicted on charges of trafficking cocaine and faced a mandatory five year prison sentence after drugs were found in the car she was a passenger in. Police claimed that while they were observing the client they witnessed her reaching into an electronic hide. Attorney Power convinced the District Attorney in the Worcester Superior Court to reduce the charges so the minimum mandatory prison sentence is no longer present and was able to get his client two years probation.
Westborough District Court August 2008
Client, a resident of Westborough and recent high school graduate preparing for college, is arrested for possession of marijuana. This is the second time the client has been charged with this offense. Attorney Power convinces the District Attorney in Westborough District Court to dismiss the case against his client.
Westborough District Court July 2008
Client, a nineteen year old Berlin resident, is involved in a motor vehicle accident and charged by the Shrewsbury Police Department of second offense Operating Under the Influence of Liquor. Attorney Power tries the case in Westborough District Court and the client is found not guilty of second offense OUI.
Central District Court July 2008
Client from Worcester, Massachusetts is charged with three counts of Assault and Battery after being involved in a fight at a Worcester bar. Attorney Power convinces the Assistant Clerk Magistrate to dismiss the application for complaint against his client so the charges will never appear on the client's record.
Leominster District Court June 2008
A juvenile residing in the Town of Leicester is charged with Indecent Assault and Battery after he allegedly inappropriately touched his four year old niece. Attorney Power, after filing numerous Pretrial Motions in the Worcester Juvenile Court and scheduling the case for trial, is contacted by the District Attorney's Office that they agreed upon dismissing the case.
East Brookfield District Court March 2008
Client, a resident of Palmer, was charged with his second offense of Operating Under the Influence after being stopped by an officer of the Sturbridge Police Department for operating erratically and performing poorly on field sobriety tests. Attorney Power tried the case and after cross examination of the officer and presenting to the Court medical records relating to his client's three prior knee surgeries, the client was found not guilty of Operating Under the Influence.

Criminal Case Results

James J. Gribouski

Steven David Power