Massachusetts DUI Attorney Blog

A Rhode Island woman faces criminal charges in Taunton District Court following her Christmas Eve arrest for allegedly driving drunk with two young children in the car, the Taunton Daily Gazette reported.

A Taunton defense lawyer experienced in handling Massachusett's drunk driving charges should represent this woman in Taunton District Court. A free and confidential appointment with a Taunton defense attorney can help protect the rights of anyone charged with a serious traffic or criminal offense.

At her arraignment on Monday, the 48-year-old Pawtucket woman pleaded not guilty to
negligent operation of a motor vehicle, operating under the influence of liquor, and child endangerment while operating under the influence.

She was stopped shortly before 11 p.m. Thursday evening after a motorist reported seeing her driving erratically. Two children, ages 2 and 4, were riding with her in the Jeep at the time, according to the Daily Gazette.

Police say she was traveling 25 to 30 mph in the 50 mph zone.

Reports say she failed a breathalyzer test, registering a blood alcohol level of .19 percent, more than twice the legal limit of .08 percent. The children were picked up by their mother.

The woman was released after Monday's hearing after posting $60 cash bail and her case was continued until Feb. 25.

Continue reading "Taunton DUI charges accuse woman of driving drunk with children on Christmas Eve" »

A 61-year-old Quincy man will face serious criminal charges in connection with a fatal Christmas Eve hit-and-run incident, the Patriot Ledger reported.

Anyone charged with a criminal driving offense, particularly those involving fatalities or aggravating circumstances such as criminal hit-and-run charges in Massachusetts or Massachusetts DUI charges, should consult an experienced Quincy defense attorney to help fight for their rights.

In this case, the retired Quincy fire department lieutenant has been issued citations by Quincy police charging him with motor vehicle homicide due to negligent operation, leaving the scene of an accident causing death and negligent operation of a motor vehicle, according to the Patriot Ledger.

The charges are in connection with a crash that left a Milton man dead in a snowbank on Robertson Street in West Quincy, where he was found Thursday morning. Quincy police reported that the man was apparently walking in the street when he was hit and thrown onto the sidewalk.

Police responding to several calls from neighbors found the body about 7:15 a.m. Thursday. Fatal accident units from the Quincy Police Department and the Norfolk County district attorney's office responded.

Evidence at the crime scene turned up debris from either a pickup or an SUV, according to the Patriot Ledger.

The crash was one of at least three hit-and-run accidents in Massachusetts last week. Shortly before midnight Christmas Eve a man was hit and killed in Methuen. The accused driver in that case was also arrested.

On Monday, a woman was hit by a showplow on Route 58 in Plympton. The driver fled but a Halifax man told police early Wednesday that he was behind the wheel of the snowplow.

Continue reading "Quincy, Massachusetts man charged with motor vehicle homicide after hit and run accident" »

A Weymouth, Massachusetts man, Donald J. McNicol, was charged with a Fourth Offense OUI. McNicol was charged with DUI after news reports from the Patriot Ledger indicate that he sped past a police car and failed to stop at a red light. Quincy police found an open can of beer in the car and assert that McNicol failed field sobriety tests.

A Massachusetts Fourth Offense DUI is a serious charge that carries a likely potential that a motorist will receive the maximum penalty after trial in the district court of 2.5 years in the house of correction. A Fourth Offense carries a mandatory minimum jail sentence of one year to serve without the possibility of parole or credit for good time. A fourth offense OUI is a felony offense and carries with it a ten year loss of license.

On a fourth offense, many judges would be unwilling to impose a sentence of minimum jail time, particularly after trial. Depending on the strength of the case, in some cases a Massachusetts DUI lawyer can obtain a reduction in the offense level. This occurs for a number of reasons, either because of the relative strength of the Commonwealth's case or because the Commonwealth will have difficulty proving prior convictions. A fourth offense OUI will require a vigorous defense to prevail at trial or to obtain a favorable plea agreement if the defendant wants to resolve the case. Bail will typically be requested by the Commonwealth on any offense over a third offense.

Continue reading "Weymouth man faces fourth offense Massachusetts OUI charge in Quincy District Court" »

A Massachusetts Legislature recently proposed legislation to amend the definition of public way to include college campuses. Under Massachusetts OUI law, the Commonwealth has to prove three elements, that the motorist operated a motor vehicle, on a public way and while under the influence of alcohol. While most Massachusetts OUI trials focus on the element of whether the driver was under the influence, cases have arises focusing on the public way element. An Auburn, Massachusetts man was recently found not guilty by a district court judge who found that Assumption College Campus was not a public way under the Massachusetts DUI/OUI criminal law.

A public way, is any way that the public has a right of access as licensee or invitees, which includes any road open to the public. Some College campus roads may not be public ways if there is no access to the road by the general public. This would occur in circumstances where there is a gate to the college campus. Many colleges allow access by the public and accordingly these roads probably would be considered public ways.

Continue reading "Proposed legislation to amend Massachusetts OUI law and to include college campuses in the definition of pubic way" »

Under Massachusetts OUI law, a motor found not guilty of OUI can file a motion to have their Massachusetts driver's license restored as a result of a license suspension for refusing a breathalyzer. Section 24 provides that there is a presumption that the license shall be restored by the court that took final action on the underlying OUI charge. That presumption can be overcome if the Commonwealth establishes by fair preponderance of the evidence that restoration of the privilege to operate will endanger the public. In the case of Commonwealth v. Dennis Bauer, the trial judge denied the motion to restore the motorist's drivers license. Bauer's license was revoked for life for refusing the breathalyzer as he had three prior OUI convictions. The Massachusetts Supreme Judicial Court affirmed the lifetime license loss of December 21, 2009.

The motorist challenged the denial of the reinstatement on separation of powers grounds, arguing that the judiciary could not assert an executive function in regulating driving privileges. The Massachusetts Supreme Judicial Court held that the legislature explicitly delegated to the court this authority over the reinstatement of a drivers license and accordingly, there was no issue of separation of powers.

Continue reading "Massachusetts license suspension following not guilty on OUI charge" »

A Fall River, Massachusetts police officer, Kevin Dolan, was charged with a Massachusetts DUI after being involved in a rear end car accident. According to the news account, Dolan was arrested after the police officer made observations about his sobriety. The news report does not indicate what those observations were.

The Herald News report indicates that the accident was a rear end accident caused by Dolan. Assuming this is the case, the nature of the accident does not appear to support an inference of drunk driving. Rear end accidents are fairly typical and at an OUI trial, a police officer would acknowledge that most rear end accidents have little to do with alcohol consumption. In contrast, a one car accident or an accident that reveals serious driver error like going on the wrong side of the road or lack of control of the car, would raise a strong inference of OUI. In this case, if there is no other strong evidence of impairment, like statements by the officer, failure of field sobriety tests or other observations of the officer, the motorist may have a promising case for trial in the Fall River Court. Cases involving solely evidence of accident without other significant evidence of lack of balance, self control and mental ability by the motorist, present difficult cases for the Commonwealth to prove beyond a reasonable doubt before a jury.

Continue reading "Massachusetts OUI charge for Fall River police officer " »

A 45-year-old Attleboro man faces a fifth-offense Massachusetts drunk driving charge after a motorist called police on a cell phone and followed the man's vehicle, claiming he was "all over the road," The Sun Chronicle reported over the weekend.

This is a very serious charge. A fifth-offense DUI charge carries a mandatory two-year jail sentence, a sentence of up to five years; a fine of up to $50,000 and a lifetime loss of driving privileges with no hardship consideration, under Massachusetts drunk driving law.

In this case, an experienced Massachusetts DUI lawyer should represent the defendant in Attleboro District Court.

The man was arrested in North Attleboro at Landry Avenue and Mt. Hope Street at about 8:45 p.m. Thursday. The patrolman spotted the defendant's pickup truck on Route 1 at Orne Street after receiving a dispatch to be on the lookout for an erratic driver, according to police.

A motorist who called police said he first spotted the vehicle in Walpole before spotting it again on Route 1 in Plainville. Police reported recovering an empty bottle of vodka from the vehicle.

The man faces charges of drunk driving, failure to drive within marked lanes, driving without a license, driving to endanger, and driving a motor vehicle with an open container of alcohol.

Continue reading "Attleboro man faces 5th Massachusetts drunk driving charge" »

Statistics show that DUI fatality rates have declined in 40 states. The DUI statistics show that strict enforcement of DUI laws have resulted in a reduced fatality rate. The study indicates that eight states, including Connecticut and the District of Columbia saw a decline in DUI homicide and or death cases by twenty percent or more. Maryland ranks as among the states with the lowest rate of DUI death cases in United States. Massachusetts DUI fatality rates also declined according to the study.

In three states, DUI homicide cases stayed the same while seven states saw an increase in the rate of DUI death cases, including Rhode Island. The Transportation Secretary Ray LaHood announced a seven million dollar advertising campaign to warn drivers against the dangers of drinking and driving.

Those charged with a Massachusetts OUI based on breathalyzer test results should contest their OUI charge in court. There are many ways in which a good DUI lawyer can exclude breathalyzer evidence.

According to a news report from Denver, Colorado, hundreds of DUI cases may be affected by the discovery of problems with breathalyzer testing equipment in the lab in Colorado Springs.

Inaccuracies and defects in breathalyzer are not limited to Colorado. In February 2009, Dr. Barry Logan, head of the state crime and toxicology labs in Washington State resigned over discovery of deficiencies in the way DUI testing. Irregularities were uncovered in late summer 2007 in the state toxicology lab. A senior manager was found to have signed off on tests she did not perform. This discovery led to an investigation into other problems, including errors could have impacted 130 DUI cases. Problems with breathalyzer testing can come from mechanical problems with the breathalyzer machine, including design defects, source code errors and human error.

Continue reading "Breathalyzer testing produces inaccurate results underscoring need to contest Massachusetts OUI charges " »

Refusing a breathalyzer is not a crime in Massachusetts. It will result in a license suspension by the Massachusetts Registry of Motor Vehicles, but it is not a criminal offense. The license suspension for a breathalyzer refusal can be substantial depending upon whether you are over or under 21 and on the number of prior DUI convictions you have for operating under the influence of alcohol. A license suspension for refusing a breathalyzer requires a motorist to hire an experienced Massachusetts DUI lawyer. A motorist only has 15 days from the date of the arrest to appeal any suspension for refusing a breathalyzer.

In some states, a refusal to submit to a breathalyzer is a crime. Under federal law, a refusal to take a breathalyzer is a crime and recently the Governor of Missouri submitted a bill to make the failure to take a breathalyzer a criminal offense.

A Massachusetts OUI requires the Commonwealth to prove three things beyond a reasonable doubt: First, the Commonwealth must prove that the defendant operated a motor vehicle; second, on a public way and third while under the influence of alcohol.

These elements of a Massachusetts OUI all require that the defendant was operating a motor vehicle. A Staten Island women was charged with DUI and child endangerment when she was alleged to have drove drunk with her two children in the car. A Massachusetts OUI child endangerment conviction will result if a defendant is convicted of DUI with a child under 14 in the car. In the Staten Island case, the defense lawyer contends that the defendant was not operating a motor vehicle.

In any Massachusetts DUI case, the Commonwealth has to prove that the defendant operated a motor vehicle. If there is a defense as to operation, a criminal defense lawyer can call witnesses to support the defense. Even if a motorist is under the influence, the government still needs to prove the element of operation under Massachusetts OUI law.