Massachusetts DUI Attorney Blog

The Alaska Supreme Court has recently ruled that a police officer signaling a driver to back up constitutes a "seizure." As a result, police officers must have a legitimate reason for waving or signaling a driver to stop before making an arrest.

In Majaev v. State, as the driver - Majaev - was pulling away from the site of an alleged underaged drinking party, an Alaskan State Trooper, Bordner, stepped into the road to read Majaev's license plate. Bordner realized that Majaev could see him in his rear-view mirror and signaled him to come back to talk.

Majaev backed-up and rolled down his window. At that point, Bordner smelled alcohol and saw beer cans in the back of the truck. After Majaev failed the field sobriety tests, Bordner arrested Majaev and charged him with driving under the influence.

The District Court ruled, and the Court of Appeals affirmed, that the wave of an arm does not constitute a sufficient show of authority to make a person believe he was not free to leave. The Alaska Supreme Court disagreed, reasoning that most people would respond to the hand signal of a police officer, and would believe that they would be prosecuted if they drove off. As a result, Bordner's wave was considered a "seizure."

The case has now been sent back to the trial court to determine whether a "legitimate basis" existed to stop Majaev.

Similarly, in Massachusetts, a police officer must have a legitimate reason for detaining a driver. Under the Fourth Amendment to the United States Constitution and Article 14 of the Massachusetts Declaration of Rights, a police officer need a reasonable suspicion that a person is committing a criminal act before he can make a motor vehicle stop.

Continue reading "Police officers making Massachusetts OUI stops must have a valid reason to detain drivers " »

A city police lieutenant is facing drunk driving charges in Brockton after his car rear-ended another vehicle while he was off-duty over the weekend, according to the Brockton Enterprise.

The 48-year-old police officer will appear in Brockton District Court on the Massachusetts OUI charge.The officer was also cited for following too closely, Police Chief William Conlon said.

The chief said the accident occurred Saturday near Court and Cary streets, where the officer was driving his personal vehicle and was off duty. The officer was not arrested at the scene because he was taken to the hospital for treatment of a head injury after the airbag deployed.

The other driver was not injured, according to police.

"It is a serious occurrence," the chief told the Enterprise, adding that the officer could be disciplined internally at the conclusion of the investigation. "Incidents such as this are unacceptable."

Continue reading "Police officer faces Massachusetts drunk driving charge in Brockton District Court " »

The United States Supreme Court addressed the right of confrontation in a case called Briscoe v. Virginia. In Melendez Diaz v. Massachusetts, the United States Supreme Court held that the Commonwealth of Massachusetts could not offer a drug certificate of analysis without providing the defendant with an opportunity for cross examination. This decision ended the practice of trial by affidavit where prosecutors would prove that drugs were illegal narcotics by offering an affidavit from the chemist who conducted the analysis. The United States Supreme Court's Melendez-Diaz decision resulted in many drug convictions and gun charges being overturned by the court, though many were affirmed as the court found that the lack of confrontation to be harmless error.

Briscoe raised the issue of what type of notice and demand statute would satisfy the confrontation clause. At the time the United States Supreme Court granted cert in Briscoe, the Virginia notice and demand statute required the Government to give the defendant seven days notice of its intent to rely on the affidavit of the chemist and to file the notice with the court. The defendant is given an opportunity to call the chemist as an adverse witness with the state paying the cost for the subpoena. Since the United States Supreme Court granted review, Virginia amended its statute requiring the State to provide 28 days notice to the defendant and requiring the defendant to object 14 days prior to trial. Further, the new statute states that if the defendant properly objects the certificate is inadmissible without live testimony. Under the earlier statute at issue in the Briscoe case, the defendant would be allowed to call the chemist in the defendant's case in chief, which appear contrary to the holding of Melendez-Diaz and an attempt to shift the burden to a defendant in a criminal case.

Rather than address the issue, the court vacated the decision of the Virginia court and remanded the case for a decision not inconsistent with the Melendez-Diaz decision. The Briscoe decision is interesting as the court essentially declined to expand upon the Confrontation clause jurisprudence of the court. Instead, the court left the issue to be addressed by the lower courts.

The issue of the scope of the 6th Amendment confrontation clause will continue to be raised as a defense in DUI cases, to exclude breathalyzer test results and evidence of prior convictions.

Continue reading "United States Supreme Court decides 6th Amendment confrontation case Briscoe v. Virginia" »

A 25-year-old North Attleboro woman is appealing her conviction after being sentenced to jail earlier this month for Massachusetts vehicular homicide charges, The Sun-Chronicle reported.

A Quincy OUI defense lawyer, or a Boston criminal defense attorney experienced in representing people facing criminal charges as a result of a Massachusetts OUI car accident, should be called to defend anyone facing serious traffic or felony charges in the Boston area.

In this case, the defendant was found innocent of Massachusetts drunk driving charges and possession of marijuana. Her Quincy defense lawyer filed a Massachusetts notice of intent to appeal the conviction, after arguing at trial in Taunton District Court that the woman was not speeding or driving recklessly when she struck pedestrians on a darkened portion of the highway where there was no crosswalk.

The Aug. 8, 2004 car accident on Route 1 near Stop & Shop resulted in the death of two pedestrians, including a pregnant woman and her unborn child.

The defendant is serving a three-month jail sentence after her Jan. 12 conviction on the three charges of motor vehicle homicide. She was also sentenced to three-months home confinement. The balance of her 2 1/2 year jail term was suspended.

Continue reading "Massachusetts vehicular homicide conviction on appeal after not-guilty verdict on alcohol and drug charges " »

The Massachusetts Appeals Court decided a case, Commonwealth v. Junior Martinez-Guzman which stated in a footnote that Registry of Motor Vehicle documents are admissible as business records without live testimony. The case involved a prosecution of a defendant for driving with a suspended license for OUI while committing another OUI offense, referred to in the court as OAS for OUI. The issue in the case was how the Commonwealth was required to prove that the defendant's license was suspended for OUI. The Commonwealth offered into evidence an attested copy of the defendant's driving record from the Registry of Motor Vehicles.

At trial, the defendant objected to the admission of the RMV documents claiming that the RMV signature was not properly attested. On appeal, the defendant raised for the first time the confrontation clause issue under Melendez-Diaz, arguing that the Registry documents were inadmissible under the Confrontation Clause because the defendant was deprived of his right to confront and cross examine any witness from the Registry of Motor Vehicles.

The court in a footnote, held that the issue was waived for appeal, but then addressed the issue, rejecting the argument that Registry documents require live testimony. The court held that RMV documents are not prepared in anticipation of litigation and qualify as business records.

It is unfortunate that the court addressed this issue in this case without it being properly raised in the lower court. Given that the issue was not properly raised in the lower court, this issue of the admissibility of Registry of Motor Vehicle documents as well as proof of prior convictions without live testimony should be raised in all cases.

Massachusetts OUI lawyers are likely to raise 6th Amendment confrontation defenses under Melendez-Diaz v. Massachusetts when the Commonwealth attempts to offer prior convictions to prove a second or subsequent offense DUI.

Distracted driving has a powerful new foe this year after the National Highway Traffic Safety Administration announced the creation of FocusDriven, the first nationwide non-profit organization dedicated to fighting distracted driving.

Massachusetts Criminal Defense Attorney Michael DelSignore reminds motorists that causing an accident while distracted, or under the influence of alcohol or drugs, can have serious consequences. Anyone criminally charged in the wake of a Massachusetts traffic accident should seek the advice of a qualified Boston defense lawyer right away.

FocusDriven will campaign for cell-phone free driving. The National Safety Council estimates more than 1 in 4 car accidents involve talking or texting on a cell phone. The government reports those using a cell phone have slower reaction times than people who are legally drunk with a blood-alcohol level of .08.

And the federal government estimates as many as one-third of all fatal car accidents involve a drunk driver. State law imposes serious penalties on anyone convicted of causing serious injury or death as a result of a Massachusetts DUI car accident. Consulting an experienced Boston DUI defense lawyer can help protect your legal rights.

"We're addicted," FocusDriven CEO and co-founder Jennifer Smith told ABC News. "We didn't think about how dangerous it could be ... a lot of people think, 'I'm fine.'"

Smith, whose mother was killed in September 2008 by a distracted driver, said, "Our brains just can't handle" texting or talking while driving.

Continue reading "Drunk or distracted driving could lead to criminal charges in Massachusetts" »

A Milton school committee member received a hardship license and a minimal sentence, just days after admitting there is sufficient evidence to find him guilty of a Massachusetts drunk driving charge, according to the Patriot Ledger.

Hiring a Milton drunk driving (OUI/DUI) attorney can make a big difference in the penalty for violating Massachusetts drunk driving laws. A Milton drunk driving defense lawyer can often work to reduce the penalty, particularly for a first-offense Massachusetts drunk driving charge.

In this case, the defendant admitted sufficient facts in Quincy District Court, apologized and said he will not resign from the school committee.

The veteran school committee member reached an agreement with prosecutors at his Jan. 4 arraignment; the case was continued without a finding of guilt, and he was placed on one year of supervised probation and had his license suspended for 45 days. Two days later, he was issued a hardship license, allowing him to drive between 8 a.m. and 8 p.m.

He was arrested new Year's Day with a blood-alcohol level more than three times the legal limit.

Continue reading "Milton school official faces drunk driving charge in Quincy District Court" »

A North Attleboro woman was found innocent of drunk driving charges and will serve just several months of a 2 1/2 year prison sentence for a fatal car accident in 2004, according to the Attleboro Sun Chronicle.

Taunton District Court Judge Daniel O'Shea sentenced the woman to the House of Corrections after being found guilty on Dec. 9 of three counts of motor vehicle homicide and one count of negligent operation of a motor vehicle.

Anyone charged in an accident that involves serious injury or death should contact an Attleboro criminal defense lawyer right away, especially if allegations of drug or alcohol use are involved. An Attleboro defense attorney experienced in handling Massachusetts drunk driving charges in Taunton District Court, as well as other serious traffic and criminal offenses, can be critical to protecting your rights.

In this case, the 25-year-old defendant was found innocent of drunken driving and the judge also rejected the more serious felony charges of homicide by motor vehicle while driving drunk. She was also found innocent of possession of marijuana.

Though convicted in the fatal accident, she will only have to serve three months in jail and another three months on home confinement, with the balance of the jail time suspended. She will be on probation for two years, be subject to random drug and alcohol testing and be required to perform 50 hours of community service.

The Aug. 8, 2004 accident occurred at about 9:30 p.m. on Route 1 in North Attleboro near the former Kai Lua restaurant. She was driving south on Route 1 when she struck two women crossing the highway. One of the women was pregnant and both women were killed, along with the unborn child.

Continue reading "North Attleboro, Massachusetts woman found not guilty of drunk driving, faces lesser penalty in fatal accident" »

A conviction of DUI, even a Massachusetts 1st offense DUI/OUI conviction or a conviction of DUI from any other state may bar your entry into Canada. With the Winter Olympics in Vancouver, Canada, thousands of Americans are expected to travel into Canada to watch the Winter Olympic games.

An individual with a DUI conviction should consult with an experienced lawyer to determine whether they will be admissible and what steps should be taken to minimize problems at the border. Canadian law does allow entry for compelling reasons, such as family emergencies. Additionally, it significant time has passed from the date of the offense, a traveler may be deemed rehabilitated and allowed entry.

Traveling to Canada is one of the many consequences of receiving a continuance without a finding or CWOF in Massachusetts district courts on an OUI charge. In addition to restricted travel to Canada, a DUI conviction often results in increased insurance rates and can result in loss of employment opportunity.

The Law Offices of Boston defense attorney Michael DelSignore wishes everyone a safe and Happy New Year. Authorities will be blanketing the area with roadblocks and increased enforcement meant to combat drunk drivers and motorists should behave responsibly and know their rights.

We urge you to celebrate responsibly. But Boston Defense Lawyer Michael DelSignore believes those arrested for drunk driving in Boston over the New Year's holiday deserve an experienced and available Massachusetts drunk driving attorney to fight for their rights.

The firm will be available for a free consultation to anyone facing drunk driving or other serious traffic or criminal charges in Taunton District Court, Quincy District Court,Dedham District Court and Westborough District Court through the New Year's Holiday.

Don't make a bad situation worse by failing to protect yourself in the unfortunate event that you or a loved one is arrested or involved in an accident.

Massachusetts authorities will be out in force with sobriety checkpoints and other enforcement as part of the National Highway Traffic Safety Administration's "Over the Limit Under Arrest" campaign, which will work with local law enforcement to establish sobriety checkpoints, increased patrols and other measures aimed to increase Massachusetts drunk driving arrests through the New Year's holiday.

"Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more," Secretary LaHood said. "Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season."

The "Drunk Driving. Over the Limit. Under Arrest" campaign is scheduled to last through Sunday, Jan. 3.

The Providence Journal and other local media are reporting about increased enforcement throughout the upcoming New Year's holiday weekend.

Extra police are patrolling roads throughout Massachusetts. "Our officers will be out cracking down on drunk drivers around the clock," North Attleboro Police Chief Michael P. Gould Sr. recently told the Sun Chronicle. "We want people to enjoy themselves, but we want them to be smart, safe, and if they are driving, absolutely sober."

In Massachusetts, a first offense for operating under the influence is punishable with a one-year license suspension, fine of up to $5,000 or by imprisonment for up to 2 1/2 years. Anyone charged with drunk driving in Taunton, Quincy, Dedham, Westborough or the surrounding area should contact a qualified drunk driving defense attorney to discuss their rights.

Anyone stopped at a sobriety checkpoint or roadblock in Massachusetts and charged with DUI/OUI should contact a defense lawyer right away. While such roadblocks are constitutionally permissible in Massachusetts, such cases are often defensible as typically police observe no erratic driving and are relying solely on the results of the field sobriety tests.

A Boston drunk driving defense lawyer may also be able to challenge the results of you Massachusetts field sobriety tests.

Those who refuses a breathalyzer in Massachusetts faces a 15-day time limit to requst a hearing with the Registry of Motor Vehicles. Anyone who refuses a breathalyzer and faces a Boston drunk driving charge over the New Year's holiday should contact a qualified Boston drunk driving defense lawyer right away to help preserve your right to drive.

Continue reading "Boston drunk driving attorney available for those facing DUI charges over the New Year's holiday" »