A Plymouth, Massachusetts man was involved in an accident after allegedly driving drunk and sending five individuals to the hospital with injuries. Charges were brought against Jason Martitz for OUI and leaving the scene of an accident along with other charges.
According to news accounts, one of the victims was seriously injured. If the news accounts are accurate, the defendant could face a charge of OUI causing serious bodily injury as a prosecutor has the ability to amend a criminal charge prior to trial or a disposition with permission of the court.
Under Massachusetts General Laws, Section 24L, if a defendant is convicted of OUI with serious bodily injury, the defendant faces a maximum penalty of 2.5 years in the house of correction and a minimum mandatory house of correction sentence of six months if the case remains in the district court. The statute defines a serious bodily injury as an injury that creates a substantial risk of death or total disability or loss or substantial impairment of some bodily function for a substantial period of time. Accordingly, the language of the statute suggests that it applies to permanent and total disabilities and would not encompass a temporary injury, such as a broken bone or fracture that heals and causes no permanent disability. A conviction under this section carries a two year loss of license.
