Massachusetts DUI Attorney Blog

Former Mets and Yankee pitcher Dwight Gooden was arrested for DUI after he rear ended another car while driving in New Jersey. The accident happened around 8:50 am according to news accounts and Gooden was recognized by the driver of the other car. Gooden was reportedly driving with his five year-old son in the car. Gooden was charged with driving under the influence of alcohol and drugs and released without having to post bail.

In Massachusetts, it is a separate criminal enhancement for anyone convicted of a DUI in Massachusetts while operating a motor vehicle under the influence with a child under the age of 14 in the car. This law under Massachusetts General Laws Chapter 90 Section 24V is known as child endangerment while operating under the influence of alcohol. The OUI child endangerment law imposes a one year license loss upon conviction.

Last week, I wrote about a crash that took the life of one Norwell teenager and will very likely ruin the life of another. This week, a similar story has caught my attention, this time on the North Shore. A nineteen-year-old woman was killed when her boyfriend, who was allegedly driving drunk, caused a rollover accident in his mother's Toyota 4Runner. As a Massachusetts OUI criminal defense attorney, my heart goes out to all of the young adults and their families hurt by these incidents, because I know how serious the consequences of such accidents are.

The Salem Gazette reports that Julia Gauthier, of Salem, was the front-seat passenger in Christopher Maxson's SUV, along with two other young men. Maxson, 19, of Marblehead, and the other men escaped with minor injuries, but Gauthier's injuries were fatal. According to the Boston Globe, Maxson told police that before the accident, he had been at a house party. Ready to leave at 1 a.m., he set out to take what he thought was a shortcut home. He ran two stop signs which he told police he didn't see. He then crashed into a Honda Civic and lost control of the 4Runner. The SUV smashed into three parked cars, rolled over, and smashed into a fourth parked car. Gauthier was ejected from the sunroof. She was pronounced dead at the scene.

According to Lynn Police Lt. William Sharpe, Maxson admitted in a police interview to having had "rum and Coke and some other drinks." Police officers on the scene said that Maxson had bloodshot, glassy eyes and that his breath smelled of alcohol. However, because he was being treated by medics, they did not administer field sobriety tests.

Nevertheless, Maxon was arraigned in Lynn District Court on several charges, including motor vehicle homicide while operating under the influence, according to the Boston Globe. He has pleaded not guilty to all counts. Prosecutors pointed out that Maxson was already on probation for a 2008 charge of possession of marijuana with intent to distribute, and that he had been ordered two years ago to take driver training courses to address his "reckless driving history" and "road rage." Prosecutors requested that Maxson's bail in this case be set at $25,000, and bail was set at $12,500. The bail was paid and Maxson remains under house arrest, restricted from leaving except for medical or legal appointments. Maxson has been ordered to have no contact with Gauthier's family, to drink no alcohol, and to submit to random drug and alcohol tests.

Continue reading "Massachusetts OUI motor vehicle homicide charges brought when accident resulting in death of girlfriend" »

A Quincy woman was sentenced to six months in jail for a Quincy drunk driving accident that seriously injured a motorcyclist and resulted in the loss of his leg, the Patriot Ledger reported.

Massachusetts OUI accidents that result in injury are particularly serious cases and should always be handled by an experienced Massachusetts criminal defense lawyer.

In this case, the woman was found guilty by a jury of drunken driving with negligence, and causing serious bodily injury. The accident happened nearly two years ago on Neponset River Bridge.

The judge added a two-year suspended sentence and revoked her driver's license for two years. She also must attend 12-step meetings twice a week, abstain from alcohol and drugs and submit to random drug testing.

The victim, a one-time construction worker who was in court with a prosthetic leg, was sympathetic when talking to the media outside the courthouse. He said a long period of probation seemed more fitting for the defendant, who turned into the wrong lane on the bridge, striking the motorcyclist and costing him his leg.

Troopers had testified the defendant was unsteady on her feet, was slurring her speech, and failed field sobriety tests. The jury rejected a defense argument that troopers exaggerated the findings.

The defendant was a juvenile probation officer at the time of the accident, which happened Aug. 23, 2008.

Continue reading "Woman gets six-month sentence for Quincy, Massachusetts OUI Accident " »

A failure to use a turn signal, lead to a DUI arrest for Dolphins running back Ronnie Brown, according to news accounts. Brown was arrested for DUI while in Atlanta, Georgia celebrating his parents' anniversary. According to news reports, Brown was distraught over the situation and has informed the Dolphins.

In Brown's case and for anyone arrested for a Massachusetts OUI based on a minor traffic violation like failing to use a turn signal, speeding or an equipment infraction, generally those cases are more difficult for the Commonwealth to prove and are more likely to result in a not guilty verdict at your DUI trial.

One of the main clues of a drunk driver that police look for is erratic driving. With no erratic or reckless driving, a DUI lawyer in Massachusetts can argue that the driver had good control of the car, good judgment and recognition of the driving situation present on the road. Anyone charged with a DUI case should consult with a DUI lawyer to determine the strength and weaknesses of the case brought by the police.

Continue reading "DUI arrest results from failure to use turn signal for Dolphins running back Ronnie Brown" »

John Bazilio, 53, was stopped by the Mashpee police officers on March 10th at around 1:30 a.m. reports the Boston Herald.

Bazilio was arraigned on charges of operating under the influence (ninth offense), operating a vehicle without a license, refusing to correctly identify himself to police, negligent driving, and possession of alcohol in a vehicle. The Falmouth District ordered Bazilio be held on $100,000 cash bail until his pre-trial hearing according to the Cape Cape Cod Times.

A Massachusetts DUI Defense Attorney should be retained in cases involving subsequent OUI charges. In any subsequent offense OUI charge in Massachusetts, the jury does not hear any evidence regarding the prior offenses as the trial proceeds in two separate parts. First, there is a trial on the underlying offense of whether the defendant was driving under the influence. If the Commonwealth obtains a conviction, the trial proceeds to a separate phase as to the number of prior OUI offenses the defendant has on his record.

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A Norwell, Massachusetts teenager has been charged with motor vehicle homicide and multiple other OUI offenses after an accident that took the life of his friend. Traveling home from Scituate during his college spring break, William Ecclestone, 18, lost control of his blue Chrysler Pacifica on a densely populated stretch of Prospect Street in Norwell. The car struck a large tree, knocked down part of a fence, flipped over and landed on its roof in the front yard of 110 Prospect Street. According to New England Cable News, two neighbors said that the accident was so horrific that they wish they had not come outside to see it. You can see a full report in NECN's video:

According to the Norwell Mariner, Ecclestone sustained minor injuries and was able to climb out of the car himself, but his friend and neighbor, Ryan O'Donnell, 18, was not as lucky. O'Donnell was thrown from the car during the crash. He was treated by paramedics at the scene, but died of his injuries at South Shore Hospital in Weymouth. The young men had graduated from Norwell High School last year and were in their first year of college.

At the scene of the accident, Norwell police officers gave Ecclestone two field sobriety tests after noticing that his breath smelled of alcohol and his eyes were bloodshot and glassy. Police asked Ecclestone to count backwards and recite the alphabet, and upon judging that he had failed the tests, police arrested him for operating a motor vehicle under the influence of alcohol and took him to South Shore Hospital for treatment of his injuries.

Ecclestone is charged with OUI, manslaughter by motor vehicle, vehicular homicide by negligent operation, reckless driving, a marked lanes violation and speeding. He is currently being held in the Plymouth County Correctional Facility on $10,000 bail after an arraignment in Hingham District Court March 8. He will appear in court March 22. Police are looking into how Ecclestone acquired the alcohol since he is underage, and investigation into the accident continues.

Continue reading "Norwell, Massachusetts 18-Year-Old Faces Motor Vehicle Manslaughter for Alleged OUI Crash" »

A Second Offense Massachusetts DUI charge was brought against Jeffrey Lind in the Dedham District Court according to a news account.

The DUI charge arises from a three car accident where according to the news report Lind claims the accident was caused when he dropped his cell phone. Police allege in Lind's cases, as in most all DUI arrests, that they smelled an odor of alcohol and detected that his eyes were blood shot and glassy. Bloodshot and glassy eyes along with an officer claiming to have smelled a strong odor of alcohol are very generic observations in DUI arrests. Almost all reports contain these observations as most police departments have boxes for the officer to check these characteristics so that they are not omitted from a police report. An experienced DUI lawyer in Dedham can evaluate a police report and help a motorist charged with a First or Second offense OUI evaluate the Commonwealth's case.

In the case of Mr. Lind, a Massachusetts OUI attorney would want to review the cause of the accident to attempt to demonstrate that it was caused by ordinary driver error. The statement that the driver was looking for his cell phone is a common cause of accidents that indicates the driving error was not related to consumption of alcohol. Additionally, a criminal defense lawyer would evaluate the field sobriety tests, the conditions under which the tests were taken, whether under extremely poor weather conditions, poor road conditions or whether the driver had any medical condition making balance and coordination difficult as a result of an injury.

Continue reading "OUI Second Offense in Massachusetts brought against man in Dedham District Court" »

A Massachusetts Second Offense OUI charge was brought against Desiderio Lopez, according to a news account. Police allege that Lopez was driving below the speed limit at a speed of 15 mph. The news report also suggests that Lopez crossed the double yellow line, causing the officer to move over in his lane. Lopez is alleged to have failed field sobriety tests prior to being arrested.

A second offense DUI charge in Massachusetts is a serious offense that carries a two year loss of license if your prior offense is within 10 years of your new OUI charge. Additionally, regardless of the time period of a prior offense, any person convicted of a second offense will have to have the ignition interlock installed in their vehicle.

If your prior offense is outside of 10 years, you may be eligible for a second change first offender disposition which would allow you to get your license back, provided you have the ignition interlock installed in your vehicle. Given the serious consequences to your license, you should have a Dedham OUI attorney review your case to prepare a defense and discuss possible defenses to the charges brought against you.

Continue reading "Second Offense Massachusetts OUI charge brought out of the Dedham District Court against Waltham man" »

St. Patrick's day will likely bring and increased enforcement of Massachusetts OUI laws as police have additional officers conducting DUI patrols. States across the country have already announced increased efforts to detect drunk drivers during the holiday. Colorado police announced increased DUI patrols and statistics show that police made 668 arrests last year during the St. Patrick's day period. Other states have also announced increased DUI patrols during St. Patrick's day.

Continue reading "Increased Massachusetts DUI enforcement likely for St. Patrick's day " »

Breathalyzer machines used by the Washington D.C. have been given inaccurate test results according to an article in the Washington Post. This has caused police to review prior DUI charges brought against arrested motorists. As a result of the errors with breathalyzer testing equipment, the department plans to purchase new machines to replace the old machines and will require officers to be retrained.

Nine of the ten machines in use are being examined with the problem in the machines arising when the machines were not correctly recalibrated after repairs were made to the motor. The police department plans to replace the Intoxilyzer 5000 with the Intoximeter. It is unknown how many cases may be impacted by the defective breathalyzer machine. In Massachusetts OUI arrests police use a machine known as the Draeger 6800. The Intoxilyzer 5000 is still used in the State of Rhode Island along with numerous other states which have yet to replace the machine.

Continue reading "Inaccurate Washington D.C. breathalyzer machine affirms the need to hire a Massachusetts OUI lawyer to challenge breathalyzer test results" »

A Massachusetts 4th Offense OUI charge was brought against a man driving a moped. The North Attleboro police arrested Joseph Kelley after he was driving erratically on a public street according to the Sun Chronicle news account.

Since Kelley was charged with a 4th offense OUI, the Commonwealth requested that the judge hold Kelley without bail pending a dangerousness hearing. The court granted the Commonwealth's motion, resulting in Kelley's detention without bail unless he can successfully appeal the ruling of the district court.

Massachusetts OUI law defines a motor vehicle as:

all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty three or section ten of chapter five hundred and forty four of the acts of nineteen hundred and forty seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty one, twenty four, twenty four I, twenty five and twenty six. The definition of "Motor vehicles" shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.

A person operating a motorized bicycle can be convicted of OUI in Massachusetts as Section 1B of Chapter 90 makes anyone driving a motorized bicycle subject to the same laws as all other vehicles.

The issue in determining whether a moped is a motor vehicle would center around the engine sizes of the bike and how fast it was capable of being driven. Assuming the Massachusetts DUI lawyer in this case does not have any defense on the public way element or under the influence element of the statute, the DUI lawyer is likely to formulate a defense based on the characteristics of the moped in an attempt to place it outside of the legal definition of a motor vehicle.

Continue reading "4th Offense Massachusetts OUI charge brought against man driving a moped" »

A Norwell, Massachusetts bartender, Christina Porter was charged with a Massachusetts OUI after being involved in an accident. It appears from the Patriot Ledger news account that she drifted off of the road and was involved in a serious accident.
While the details of how the police arrived at the Massachusetts DUI charge are unclear from the news account, in many accident cases the police have very little evidence other than the fact that an accident occurred. In most accident cases, field sobriety tests are not performed, meaning that the primary evidence will be based on the officer observations of the driver's speech and coordination. Often, the Commonwealth will attempt to obtain hospital medical records revealing the drivers blood alcohol level. Accident cases can be complex for the Commonwealth to prove because at trial they will need the correct hospital personnel present to have the records admitted into evidence.

Continue reading "OUI charge in Massachusetts for Norwell bartender" »

Two men are facing a series of criminal charges in Taunton District Court after a high-speed chase through four towns, the Brockton Enterprise reported.

A Taunton, Massachusetts defense attorney should be called to represent anyone facing Massachusetts traffic or criminal charges in connection with a police pursuit. As this case illustrates, authorities frequently pile on the charges and a qualified Massachusetts criminal defense lawyer will need to vigorously defend the accused.

A 26-year-old Stoughton man was charged with operating a motor vehicle on a suspended license, failure to stop for police, operating a motor vehicle so as to endanger, leaving the scene of property damage, unlawfully attaching a registration plate, operating an uninsured and unregistered motor vehicle, speeding, receiving stolen property worth less than $250, three counts of receiving stolen property worth more than $250 and marijuana possession.

A 20-year-old Norwood man was charged with receiving stolen property worth less than $250 and three counts of receiving stolen property worth more than $250.

The pursuit was sparked by Taunton police shortly before 11 p.m. as an officer reported giving chase to a black Jeep with stolen registration plates on Route 44 heading into Rehoboth. The officer lost the Jeep. But police spotted it about 45 minutes later at routes 118 and 44.

Authorities reported that the Jeep fled south at a high rate of speed. With officers in pursuit at speeds exceeding 90 mph, the vehicle was finally stopped on Locust Street by Swansea Police. Police report the Jeep struck a stone wall on Brook Street during the chase, causing extensive damage to the vehicle.

Police report that the plates were stolen from Fall River and the vehicle had three large industrial compressors, which police also suspect were stolen. The suspects were unable to post bail and were transported to the New Bedford House of Corrections,

Continue reading "Two face Massachusetts criminal charges in Taunton District Court after alleged police pursuit" »

Recently I wrote about Massachusetts drivers being unfairly charged with OUI at sobriety checkpoints. Despite the problems with these checkpoints, such as checkpoints' inefficiency in stopping drunk driving, police agencies in Massachusetts and around the U.S. continue to use them. Five Beverly police officers and fifteen Massachusetts State Police officers conducted a sobriety checkpoint roadblock on a recent weekend. Of about 200 cars stopped between midnight and 2:30 AM on Feb. 22, six people were arrested--four for OUI and two for narcotics charges. The State Police brought their "BAT mobile," a large vehicle that has two Breathalyzers, satellite links to the RMV's records, and holding cells for those arrested. The links to the RMV's records allow police to immediately suspend the license of anyone who fails a Breathalyzer test.

According to The Salem News, police officers set up traffic cones to move all traffic into one lane, and stopped every car that crossed the Beverly-Salem bridge during the roadblock. They chose this location because it precludes escape -- in other locations, some drivers make U-turns to avoid checkpoints. Police tapped on each driver's window with their flashlights to get them to roll down their window, spoke with the driver while shining their flashlights into the car, and looked for signs of intoxication like bloodshot eyes, slurred speech, the smell of alcohol or open containers of alcohol. Fourteen drivers were selected for field sobriety tests, after which some drivers were detained in the BAT mobile.

As a Massachusetts OUI attorney, I strongly urge those who are arrested at sobriety checkpoint roadblocks to seek legal counsel. The Massachusetts Supreme Judicial Court and the U.S. Supreme Court have established strict criteria for roadblocks, and an experienced Massachusetts DUI lawyer can challenge the prosecution to prove that the roadblock was conducted according to constitutional standards. Even if the roadblock was done correctly, a Massachusetts OUI lawyer may be able to get the Breathalyzer test results excluded or attack the reliability of the results.

As a Massachusetts drunk driving criminal defense attorney, I was surprised to see that the Stoughton police made five intoxicated driving arrests in one day recently. As is routine in Massachusetts OUI cases, all five had their driver's licenses seized. All of the drivers were released on bail or on their own recognizance.

Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April.

The help of an experienced Massachusetts OUI lawyer is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an Massachusetts OUI defense attorney to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.

Continue reading "Stoughton Man Charged With Second Offense OUI in Stoughton District Court" »

Two area men face Massachusetts OUI charges after recent arrests. One was allegedly involved in a single-vehicle accident; the other was arrested after a phone call to police about an erratic driver in a residential neighborhood.

A Massachusetts criminal defense attorney experienced in handling drunk driving charges should be called to represent anyone facing charges of operating under the influence in Massachusetts. Drunk driving charges can have serious consequences, including hefty fines, jail time, the loss of your license and higher insurance premiums. A Massachusetts drunk driving conviction may even prevent you from remaining employed or obtaining future employment for certain jobs.

A 36-year-old man pleaded innocent on Monday in Attleboro District Court to drunk driving charges in connection with a single-vehicle accident over the weekend at Thacher and South Main streets.

The Sun Chronicle reported that the Rhode Island defendant was driving an SUV that struck a utility pole around 3 a.m. Saturday.

Police reported that a blood alcohol test found the defendant was twice the legal limit of .08. He was charged with drunk driving, driving to endanger and driving without a license and is due back in court on April 9.

In a separate case, Dedham police arrested a 27-year-old Westwood man on Massachusetts OUI charges. Police responded to Bridge Street shortly after 5 p.m. after receiving calls about an erratic driver, according to the Dedham Transcript.

Police questioned the defendant, who was driving a red Honda Civic, and claim he was swaying back and forth and smelled of alcohol. A police lieutenant reported the defendant admitted to drinking alcohol and was arrested and charged with driving under the influence.

The defendant made his first appearance in Dedham District Court and a pre-trial hearing has been set.

Continue reading "Aggressive defense of Massachusetts OUI charges essential to protecting your rights" »

On March 2, the Massachusetts Senate voted to deal with the threat of drivers distracted by text messaging, accepting a Massachusetts House plan to make texting while driving a primary offense. This means that police officers may pull over and cite drivers for texting, regardless of any other infractions the driver may be committing. It also opens up the possibility that drivers caught texting could also be cited for secondary offenses such as not wearing a seat belt.

Texting while driving has been recognized as an increasingly serious problem on the roads. As the New York Times reported last summer, the Virginia Tech Transportation Institute (VTTI) researched the issue and found the risk of crashing twenty-three times higher than it would be for a driver who is not distracted. VTTI Director Dr. Tom Dingus commented on the drastically increased crash risk for texters: "You should never do this. It should be illegal." Texting takes drivers' eyes and concentration away from the task of driving for much longer than other distractions like changing a radio station. According to Dr. Rich Hanowski, Director of the Center for Truck and Bus Safety at VTTI, "texting is in its own universe of risk." Further study is underway, but the message is clear.

Even more interestingly for Massachusetts OUI criminal defense attorneys like me, some research shows that texting while driving may actually be more dangerous than driving drunk. Scientists at the University of Utah found that texting leaves drivers twice as impaired as drivers with a blood-alcohol concentration of 0.08 or higher. The lead researcher, David Strayer, concluded that you're more likely to be hit by a texter than a drunk driver. However, as of May 2009, Utah is the only state that treats texting drivers as harshly as drunk drivers who cause deaths, with up to 15 years in prison. In many other states, the practice is still completely legal, or legal for drivers over 21, while drivers who blow a 0.08 or higher face mandatory license suspensions and jail time.

Continue reading "Texting While Driving May Become a Primary Offense in Massachusetts" »

A 24-year-old Brockton man is facing Massachusetts OUI charges after police say he rear-ended another car on Friday morning, the Patriot Ledger reported.

In this case, Braintree police issued a summons for the defendant to appear in Quincy District Court.

Police charged him with second-offense operating under the influence of alcohol, as well as operating on a suspended driver's license, negligent operation of a motor vehicle and having an open container of alcohol in a motor vehicle.

The defendant allegedly crashed his Nissan Altima into the rear of a Mazda driven by a Weymouth woman. The woman was stopped on Commercial Street at the Elm Street intersection.

Neither driver was seriously injured, according to the Patriot Ledger.

Continue reading "Brockton man faces Massachusetts OUI charges in Quincy District Court" »