Massachusetts DUI Attorney Blog

A 40-year-old Seekonk man faces a Massachusetts drunk driving charge after being arrested following a brief foot chase in South Attleboro.

The Maple Avenue man was arrested near midnight Friday after an Attleboro Patrolman spotted a car driving at a high rate of speed, the Sun Chronicle reported.

The vehicle reportedly fishtailed several times before coming to a stop. The defendant then allegedly fled on foot toward the railroad tracks near Bacon and Lord streets. Police say he was hiding in tall grass when he was found and arrested.

He is charged with failure to stop for police, having an open container of alcohol in his vehicle, operating under the influence of alcohol, and driving with a revoked license. He was transported to Sturdy Memorial Hospital over the weekend after complaining of chest pains unrelated to the arrest, police reported.

Authorities continue to tout DUI checkpoints as a way to reduce drunk driving while opponents maintain they are an inefficient law-enforcement tool rife with abuses and government overreaching.

Anyone stopped and charged with Massachusetts OUI at a law-enforcement roadblock or so-called "sobriety checkpoint," should contact a Quincy, Massachusetts defense lawyer to discuss their rights.

Such roadblocks must follow strict rules and many times evidence can be successfully challenged by a Boston criminal defense attorney experienced in fighting Massachusetts drunk driving charges. Such roadblocks are subject to abuse; even the mere fact that law enforcement is specifically targeting suspected drunk drivers can mean they are predisposed to file OUI charges.

As we reported recently on Massachusetts DUI Attorney blog, in a post regarding the apparent increase in DUI among young women, about one-third of fatal Massachusetts car accidents (124 or 363) involved a drunk driver in 2008.

ABC3 in Palm Springs reported that more than 1,000 people will die in drunk driving crashes in California this year. Police in Palm Springs spent $100,000 conducting eight DUI checkpoints last year. This year, they plan to spend $236,000.

The American Beverage Institute contends it is an inefficient use of tax dollars. "There's a far less expensive more effective mean called roving patrols that puts police officers out on the streets looking for negligent drivers of all kinds, speeding or drunk," spokeswoman Sarah Longwell said.

In one recent checkpoint, the department staffed a roadblock with 12 officers for 5 hours; they checked 533 drivers and arrested just 4 for DUI.

Last year, the California Highway Patrol screened 100,377 drivers across California and made 458 DUI arrests -- or less than .4%.

The American Beverage Institute contends DUI checkpoints catch moderate responsible drinkers, not the heavily intoxicated ones.

"What we want is targeted enforcement, police officers on the streets looking for dangerous drivers of all kinds, not pulling police officers off the streets, putting them in one spot in the hopes that a drunk driver might wander through, that is not a good use of taxpayer dollars," Longwell said.

Continue reading "Drivers can be unfairly charged with Massachusetts OUI at sobriety checkpoints" »

Virginia's House of Representative passed a law that would require all first-time DUI offenders to have ignition interlock devices placed on their car, which would prevent them from starting if a breath test detects alcohol on the driver, the News & Messenger reported.

Massachusetts law requires the devices for anyone with two or more OUI convictions; anyone charged with a First or Second Offense Massachusetts OUI should hire an experienced Massachusetts OUI Lawyer.

Ignition interlocks are just another example of the serious consequences a Massachusetts OUI conviction can have on your lifestyle and personal freedom. A Massachusetts OUI attorney can often fight for a reduction in charges or a not guilty verdict at trial, which can both reduce the penalty and the chances of the more serious consequences a future conviction can bring.

The bill, which would be one of the toughest in the country, now heads to the Virginia Senate.

"In polling that's been done I can say it has widespread support," said Mother's Against Drunk Driving spokesman Christopher Konschak. "On the Senate side, we've really never been able to get the bill to the full Senate because it gets killed in a smaller committee every time, and their concern is always its too harsh of a penalty for someone who has driven drunk one time."

Current Virginia law does not require interlocks for first-time offenders unless their blood-alcohol level was more than twice the legal limit. MADD's stated goal is to require interlock devices, which refuse to allow a vehicle to start for a driver when alcohol is detected, for all drunk driving offenders.

Other alcohol-related legislation in Virginia would institute harsher penalties for school bus drivers convicted of drunk driving, remove a mandate that an officer be present during a breathalyzer test and place limits on where families can permit an underage family member to consume alcohol.

Of particular concern from a legal-defense standpoint, is any law that would reduce the requirements and restrictions on administers of breathalyzer and field-sobriety tests. Defendants can often challenge the results of tests not administered properly or administered by an inexperienced operator.

Virginia is not alone in its tough stance against drunk drivers -- despite significant declines seen in alcohol-related traffic fatalities. Last year, the state posted the fewest alcohol-related traffic fatalities since 1996.

MADD also contends the devices would reduce other court-ordered but hard-to-enforce restrictions, such as driving privileges to and from work. If approved, the measure would require offenders to keep interlock devices on their cars for six months and pay a $65 monthly fee. Any positive tests for alcohol during the six months would start the six-month period over again.

Continue reading "Virginia suggests tough new interlock law for DUI offenders " »

Framingham police brought a Massachusetts Fourth Offense OUI charge against Yvonne A. Kadlik. According to the news account, Kadlik was traveling through the drive through at Walgreens to pick up a prescription when a store employee called the police claiming that she was under the influence of alcohol.

While the complete details are unclear from the news account, it appears as though Kadlick may have a viable basis for a motion to suppress, arguing that the police officer did not have a proper basis to stop her vehicle. Under the Fourth Amendment to the United States Constitution, a police officer needs reasonable suspicion to justify a motor vehicle stop. It appears as though the basis of the stop comes from the report from the store employee. At a motion to suppress hearing, the Commonwealth would have to produce testimony demonstrating the reliability and basis for the report by the store employee to justify the Fourth Amendment seizure.

A Massachusetts Fourth Offense OUI carries a mandatory one year jail sentence, a 10 year license loss and is a felony conviction. Further on a Fourth Offense, many judges will exceed the minimum mandatory jail sentence as the law allows for a sentence of up to 2.5 years house of correction in the district court.

Continue reading "Massachusetts Fourth Offense OUI charge brought against Framingham woman" »

In another high-profile drunk driving arrest, Washington Redskins cornerback Byron Westbrook has been charged with drunk driving in Charles County, Maryland, according to The Washington Post.

The paper reported that Westbrook was stopped and arrested after a deputy saw him driving erratically on a state highway in Waldorf. Westbrook, who lives in Herndon, was driving a gray Mercedes on Route 5 near Lake Place. Shortly before 2 a.m., the deputy said Westbrook crossed the lane marker several times. Deputies reported detecting a strong odor of alcohol and said he failed several field sobriety tests but declined the breath test.

Many times, an experienced Massachusetts OUI defense lawyer can challenge such evidence; law enforcement commonly uses lane violations (which may or may not have even occurred) to pull over vehicles; filed sobriety tests are also subjective and can be scrutinized by an attorney experienced in fighting for the rights of clients facing Massachusetts drunk driving charges or DUI charges in Maryland or elsewhere in New England.

Westbrook was charged with driving under the influence of alcohol, driving while impaired, negligent driving and failing to stay on the right side of the road, the Post reported. He was released pending a court appearance.

The Redskins said the organization has been made aware of the arrest. "We take these issues very seriously," GM Bruce Allen said. "Moving forward, we plan to meet with Byron and will continue to monitor the situation."

The Maryland driving under the influence of alcohol charge is the most serious charge he faces and carries a penalty of up to a year in jail and a $1,000 fine, as well as a six-month license suspension.

He is the second Redskins player to face alcohol charges this off season. Lineman Chad Rinehart was charged with public intoxication last month in Iowa.

Continue reading "Redskins' Westbrook charged with drunk driving in Maryland" »

Drunk Driving charges were brought against Miami Dolphins cornerback Will Allen. According to the news account, Allen attempted to drive through a police barricade that was used to create a detour. Allen is reported to have taken a breathalyzer at the police station with readings of .152 and .167.

Under Massachusetts OUI law, a motorist is given two breathalyzer tests. If a driver is only given one breathalyzer test, the results would be inadmissible. The lower of the two readings is the only admissible breathalyzer reading that would be presented to a jury. This aspect of Massachusetts DUI law was recently reaffirmed by a case decided by the Massachusetts Appeals Court.

In Allen's case, there is a disparity between the two breathalyzer tests results. This could be from a defect in the machine or failure of the police officer to follow proper procedures in administering the test. In some cases an expert is necessary to explain the defect in the breathalyzer testing process to a jury.

Continue reading "DUI charge brought against Miami Dolphins cornerback Will Allen" »

A study using government crash data found an increasing number of young women are involved in fatal car accidents blamed on drunk driving, Business Week reported.

Many times drivers who face a Massachusetts OUI charge have never been in trouble with the law. In some cases they simply make a mistake and in other cases they can be unfairly targeted by law enforcement. Often an experienced Boston defense lawyer can successfully fight Massachusetts drunk driving charges for first-time offenders.

Unfortunately, many unfamiliar with the legal system underestimate the seriousness of a drunk driving charge and fail to consult a Boston defense attorney experienced in defending clients against Massachusetts drunk driving charges. Massachusetts drunk driving charges can result in jail time, fines, loss of your driver's license and can even impact your ability to hold certain jobs. Massachusetts drunk driving charges involving a car accident can be especially serious and should always be handled by an experienced DUI lawyer.

"Young women in particular turn to drugs and alcohol to cope and to feel like a part of the crowd or lose their inhibitions," said Laura Dean-Mooney, national president of Mothers Against Drunk Driving (MADD).

The study, based on data from the National Highway Traffic Safety Administration, found incidents of fatal crashes involving female drivers actually increased between1995 to 2007.

In 2008, one-third of all fatal Massachusetts car accidents (124 of 363) involved a drunk driver, accocrding to NHTSA.

The finding about the increase in drunk driving among women is published Feb. 18 in Injury Prevention.

During the 12 years examined, 179,891 fatal car accidents were recorded among drivers 16 to 24 years old. Accident rates declined slightly among young men. Accident rates increased for young women ages 19 to 24. Additionally, young women involved in fatal crashes were almost three times more likely to have alcohol in their system, researchers noted.

Continue reading "Study suggests fatal drunk driving accidents increasing among young women" »

A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, The Sun Chronicle reported.

Massachusetts State Police have charged the defendant with operating under the influence of alcohol, second offense, and operating under the influence resulting in serious injuries, negligent operation, speeding and a marked lanes violation.

The Massachusetts drunk driving charges stem from a weekend car accident in Foxboro.

Anyone facing charges for a repeat-violation of Massachusetts drunk driving laws, should contact an experienced Boston OUI defense lawyer. Repeat offenders face hefty fines and longer jail time and license suspension. Being charged with drunk driving in connection with a car accident is a very serious legal matter. An experienced Boston criminal defense lawyer can help protect your rights.

In this case, the defendant's passenger remained in the hospital in serious condition on Monday. The 48-year-old North Attleboro man was thrown from the defendant's truck as a result of the accident, which occurred on I-95 shortly before 5 p.m. on Saturday.

The driver lost control of the truck on the highway's southbound lane, careened across all three travel lanes and struck a tree in the median, the Providence Journal reported.

Rhode Island state police said the woman waived extradition in Sixth District Court in Providence on Monday. Police arrested the woman early Sunday at a Rhode Island Hospital, where she was treated for minor injuries after the accident.

Continue reading "Woman facing Massachusetts drunk driving charges after Foxboro accident" »

A Boston man, Scott Rybert entered a not guilty plea to a Massachusetts OUI charge in Framingham District Court according to the Metro West Daily News. Rybert was released without having to post bail on his promise to reappear in court.

The news account indicates that Rybert ran a stop sign and caused a head on collision. It appears that Rybert told the police that he came to a rolling stop. The apparent seriousness of the accident will make Rybert's case more difficult to defend. A Massachusetts DUI lawyer will want to frame the cause of the accident as ordinary negligence that was not caused by the effect of alcohol but simple careless driving. One issue that will be important to investigate is roadway where the accident occurred to determine if on that roadway it is common for individuals to fail to stop completely.

Defending a DUI involving an accident requires a OUI lawyer to point out the defendant's coherence, coordination and mental ability to show that the accident was simply caused by inattention and negligence in driving rather than the effects of alcohol that impaired the driver's ability to operate safely.

Continue reading "Boston man pleads not guilty in Framingham District Court to Massachusetts OUI charge" »

Former NHL player Chris Chelios avoided a license loss for refusing a breathalyzer as the judge ruled that the police did not have enough evidence to support the one year license loss under Illinois DUI law for breathalyzer refusal. The judge reviewed a video of Chelios that showed him sway a little during the one leg stand, but Chelios presented evidence that he had nine knee operations during his NHL career. Accordingly, the judge ruled that there was insufficient evidence to support the license suspension for breathalzyer refusal.

While Chelios' knee injuries are well documented, given he played 24 years in the NHL for the Red Wings and Blackhawks, those arrested for a Massachusetts OUI can also present medical evidence to rebut claims of lack of balance and coordination on field sobriety tests.

Continue reading "Former NHL player Chris Chelios charged with DUI avoids breathalyzer refusal license suspension " »

The Massachusetts Registry of Motor Vehicles suspended the Massachusetts license of a resident based on a DUI conviction that occurred in Colorado. Under Massachusetts General Laws Chapter 90 Section 22, the Massachusetts Registry of Motor Vehicles can suspend the Massachusetts license of a resident for a conviction in another state that would result in a suspension if it occurred in Massachusetts, as long as the out-of-state statute is substantially similar to the equivalent Massachusetts OUI statute.

In the case of the Bresten v. Registry of Motor Vehicles, Bresten was convicted of driving while impaired in Colorado and required to pay a fine as a result of the conviction. The statute that the defendant was convicted did not carry with it a license loss. The Massachusetts RMV suspended the defendant's license for one year as a result of the Colorado impaired driving conviction. The defendant ultimately received a hardship license from the Board of Appeals, but appealed the RMV's determination that the Colorado impaired driving conviction is similar to the Massachusetts OUI statute.

The Massachusetts Appeals Court affirmed the RMV license suspension decision, finding that the statutes were substantially similar.

The Colorado statute prohibited a defendant from operating a motor vehicle when to the slightest degree alcohol impaired the motorist's ability to operate safely. Under Massachusetts OUI law, the Commonwealth has to prove that a defendant's ability to operate a motor vehicle safely is diminished by alcohol. Accordingly, the Colorado statute appears to require a lower standard of proof to support a conviction than under Massachusetts DUI law, a judge would misstate the law by defining impaired with the slightest degree definition used under the Colorado law. Further, the difference in the statute can be discerned with the lower potential penalty under the Colorado law.

In a case called, Commonwealth v. Connolly, 394 Mass. 169 (1985), the Massachusetts Supreme Judicial Court held that a jury in a Massachusetts OUI trial should be instructed that alcohol must diminish a drivers ability to operate a motor vehicle safely. The SJC in Connolly found that the trial judge committed error of law in instructing the jury that a defendant could be convicted if alcohol impacted the defendant to a perceptible degree, or if alcohol made the defendant slightly light headed, or slightly depressed or slightly happier than the person would be in the absence of alcohol. Accordingly, the Colorado statute appeared to adopt a lower burden of proof that was rejected by the Massachusetts Supreme Judicial Court. The opinion of the Appeals Court indicates that the court is taking a broad view of the definition of substantially similar in interpreting whether out of state convictions qualify for an in-state suspension. If you are convicted of a DUI in another state, the Massachusetts RMV will likely suspend your license as if the offense happened in Massachusetts.

Continue reading "Massachusetts license suspension for out-of-state DUI conviction affirmed by Massachusetts court" »

Several proposed new laws in Massachusetts would crack down on distracted drivers and older drivers and further criminalize some types of Massachusetts car accidents. Legislation prohibiting distracted driving is becoming increasingly common throughout the country.

A Boston criminal defense attorney experienced in handling Massachusetts traffic charges should be called anytime someone is charged as a result of a car accident. Like Boston drunk driving charges, criminal charges stemming from a car accident can have serious consequences.

Last week, the House approved a bill that would outlaw cell phones, except hands-free models with voice activated dialing. Massachusetts is considering the law in the wake of the passage of stiff new measures in a number of other states, including New York and Illinois.

"It is impossible to be dialing a phone and watching the road at the same time," the bill's sponsor, Rep. Jay R. Kaufman, D-Lexington, told the Brockton Enterprise.

The cell phone ban was attached to a larger proposed law that would crack down on distracted drivers and toughen oversight of older drivers. The measure now heads to the Senate, where it must pass before it would become law.

The measure also prohibits text messaging, e-mailing or web surfing while driving and would prohibit all use of cell phones by drivers under 18, as well as bus and train drivers.

The legislation targeting older drivers would require vision tests for drivers over the age of 75 and grant legal immunity to doctors who report their patients are not competent to drive, the Boston Globe reported.

Proponents of cracking down on older drivers contend the proposed rules do not go far enough, while opponents, including the AARP and the American Automobile Association, contend it is not fair to single out the elderly.

Continue reading "Massachusetts drivers could face additional criminal charges for distracted driving" »

Massachusetts DUI enforcement will increase following the final NFL game on Super Bowl Sunday and during the weekend of the Super Bowl. Police department across the nation are increasing enforcement of DUI laws.

One method of enforcing DUI laws is through roadblocks. When the police conduct a roadblock or sobriety checkpoint, generally every car is stopped. A police officer meets each driver and attempts to determine if the driver is impaired or needs further screening in the screening area where field sobriety tests are generally performed.

It is well known that the Super Bowl has become a national holiday and day of celebration and parties. As a result it is important to drink responsibly as enforcement of Massachusetts OUI laws will be particularly aggressive.

Continue reading "Increased enforcement of Massachusetts DUI laws during Super Bowl Sunday" »

Preliminary breathalyzer test result, PBT, are inadmissible to prove a DUI offense in Massachusetts. Accordingly, if you failed a portable breathalyzer test the Commonwealth cannot offer that evidence to the jury.

A case from Wisconsin raised an interesting issue of whether a defendant can offer preliminary breathalyzer test results to show that the defendant's blood alcohol level was lower at the time of driving. The DUI lawyer in this case retained an expert who used the results of the preliminary breathalyzer test to argue to the jury that the defendant was still in the absorption phase and his blood alcohol level was lower at the time of driving than at the time the breathalyzer test was given.

The answer to this question would seem to be yes, how can the state disclaim the scientific reliability of its own evidence and deprive the defendant of his right to present a defense and exculpatory evidence. The Wisconsin Supreme Court rejected this argument, relying on the intent of the legislature to limit the admissibility of portable breathalyzer test results.

The court's ruling reconciles two Wisconsin Statutes - Wis. Stat. sec. 343.303 and Wis.Stat.sec. 907.03. Wis. Stat. sec. 343.303 expressly prohibits the use of a PBT to prosecute a motorist accused of operating a motor vehicle while intoxicated. On the other hand, Wis.Stat.sec 907.03. provides for the admissibility of expert opinion testimony regardless of the admissibility of the underlying data. The defendant contended that even though the portable breathalyzer is inadmissible that his expert's opinion should be allowed because the expert relied upon it in reaching his opinion. The defendant attempted to draw a distinction between offering the PBT results. which he was not doing and offering testimony that relied on the PBT results. The court held that is no distinction and the statute prohibiting PBT results from being admitted into evidence would be violated by allowing the expert to rely on them in forming his opinion.

The Court held that the legislative policy was clear that portable breathalyzer test results are inadmissible. The court reasoned the legislative intent behind limiting the admissibility of PBT results "helps law enforcement officers do their jobs with more cooperation from drivers than they would otherwise be likely to get if the results were admissible in court. The court noted that a PBT may be requested when an officer has a basis to justify an investigative stop but has not established probable cause to justify an arrest.

Similarly under Massachusetts law, preliminary breathalyzer tests are inadmissible. PBT have never been deemed scientifically reliable and as a result, may not be used as evidence against a defendant.

The Massachusetts courts have not addressed whether a defendant can offer the PBT. If this occurred in Massachusetts, the court probably would allow a defendant to offer the results of the PBT as the decision of the Wisconsin Supreme Court appears to deny the defendant his right to present a defense and cross examine the State's evidence under the Sixth Amendment and Fourteenth Amendment to the United States Constitution.

Continue reading "Preliminary breathalyzer test (PBT) results inadmissible in Massachusetts OUI cases " »

A 39-year-old Attleboro man faces Massachusetts drunk driving charges after state police say he passed a marked police cruiser at over 100 mph on Interstate 95, the Sun Chronicle reported.

He pleaded not guilty to the charges in Attleboro District Court and was released without bail. An experienced Attleboro OUI lawyer should represent anyone facing drunk driving charges in Attleboro District Court.

Police reported the defendant passed the cruiser at high speed in the pre-dawn hours Sunday morning on I-95 South in North Attleboro. He was reportedly weaving in and out of traffic and nearly collided with several cars.

He was stopped in Attleboro after he was clocked on radar traveling 115 mph, according to state police. The defendant is due back in court on Feb. 22.

Continue reading "Attleboro, Massachusetts DUI charge alleges defendant passed cruiser at 115 mph" »

A judge did not look kindly on a 17-year-old teen's Facebook photo labeled "drunk in Florida," and taken a month after she was charged in a fatal drunk driving accident that claimed the life of her boyfriend.

If you are facing Massachusetts OUI charges or other criminal offense, a Boston OUI lawyer should tell you to avoid posting incriminating information on social networking sites like MySpace, Facebook and Twitter. Such posts are public information and attorneys for both sides are increasingly using social networking sites in building cases. Do yourself and your Boston defense attorney a favor and don't damage your case by your online behavior.

As published nationwide in the American Bar Association Journal, a publication for lawyers, and reported in the Buffalo News, the teenager was sentenced last week to six months in the county jail and five year's of probation.

The teenager pleaded guilty in November to criminally negligent homicide and misdemeanor driving while intoxicated for the May 30 fatal crash. News outlets found the Facebook photo of her partying in Florida, which did not sit well with the judge.

"I'm troubled by your conduct since the crash," County Judge Matthew J. Murphy III was quoted as saying in the Buffalo News, "and that's the reason for the jail sentence."

The judge also refused to grant her juvenile offender status. In the wake of the photo, there were laughs from the audience when the woman's defense attorney tried to tell the court that his client was remorseful.

She had a blood alcohol level of .13 when she crashed her car into a brick pillar outside a golf course at about 2:30 a.m. Her boyfriend and passenger was killed.

Continue reading "Facebook photo sways judge in fatal drunk driving case " »