A Swansea, Massachusetts, man, Justin Nunes, age 22, was arraigned in Fall River, Massachusetts District Court on the charges of OUI motor vehicle homicide and negligent operation of a motor vehicle. According to news accounts, Nunes' vehicle left the road and struck a utility pole. An OUI motor vehicle homicide case may be heard in either the superior or the district court.
If the Commonwealth seeks an indictment, the case will go to the superior court where the potential penalty is drastically enhanced. While a district court judge can only impose a maximum sentence on one count of 2.5 years, a superior court judge, under a DUI homicide charge, can impose a maximum penalty of fifteen years in the state prison. If the case remains in the district court, the maximum penalty is 2.5 years with a one year minimum mandatory jail sentence in the house of correction.
In Nunes case, it is not clear what evidence other than the accident the Commonwealth has to prove that he drove under the influence of alcohol. The Commonwealth will likely rely on observations of the officers, potential civilian witnesses, and other potential witnesses to the defendant's driving and or conduct after the accident. If the defendant went to the hospital, the Commonwealth would attempt to obtain the medical records to prove the defendant's blood alcohol level.
Generally, an accident alone without additional evidence is not sufficient for the Commonwealth to prove beyond a reasonable doubt that the a defendant was under the influence of alcohol to sustain an OUI conviction. In Nunes case, it may be that the prosecutor amends the charges to a negligent operation or reckless operation death resulting. That would be an easier charge to prove because the focus would be on the driving that caused the accident rather than the defendant's level of impairment by alcohol which is difficult to determine without any blood alcohol evidence, breathalyzer evidence or observations. A negligent operation charge carries a potential penalty of 2.5 years, but does not carry any mandatory minimum jail sentence. Under either theory, the defendant faces a fifteen year loss of license from the Massachusetts Registry of Motor Vehicles.
