Massachusetts DUI Attorney Blog

A Quincy man is accused of numerous criminal charges in connection with a Massachusetts DUI accident that seriously injured two teenage women, the Patriot Ledger reported.

Rene M. Lumaghini, 26, of 335 Granite St., Quincy, was ordered held without bail after his arraignment Monday in Quincy District Court. Authorities contend he failed to comply with court-ordered rehab and went bar hopping before driving into a tree and leaving two 19-year-old women trapped in the wreckage. He has a history of drug and alcohol violations and a warrant had been issued for his arrest last week for allegedly failing to report to a court-ordered treatment program at South Shore Recovery Home in Quincy.

A 22-year-old passenger was not hurt and told police the four had been drinking at three area bars, including Joe's American Bar & Grille in Braintree and at Darcy's Pub in Quincy.

One of the 19-year-old women was transported to Boston Medical Center where she remains in critical condition with severe head injuries.

Police report that the defendant's mother had promised he would turn himself in, but Lumaghini did not appear and police found him hiding in a closet at the Long Island Shelter drug treatment facility. He has been previously convicted of drunk driving, assault and battery on a police officer and assault and battery with a deadly weapon, for which he remains on probation. In this case, he has been charged with operating under the influence of liquor, leaving the scene of an accident after causing personal injury and negligent operation of a motor vehicle.

He is due back in court on May 20.

Continue reading "Man charged in Quincy OUI accident that critically injures teenage passenger" »

Former New England Patriots running back Corey Dillon was charged with a DUI in California. Based on the news account, it appears that police allege that Dillion was driving too slowly when he was stopped by police officers. Dillion had a passenger in the car. At a DUI trial, an individual charged with DUI can call as witnesses any person who was present in the car, as a witness to the motorist's driving and interaction with the police officer.

Further, the news accounts has a booking photograph of Dillon. While the officer probably stated in the police report that Dillon had bloodshot and glassy eyes, the booking photograph does not show Dillon's eyes to be bloodshot. Accordingly, in a Massachusetts DUI trial, a lawyer would use the photograph to contradict the officer and argue that although the motorist was angry, the photograph does not show that he was under the influence of alcohol.

Continue reading "DUI charge for fomer New England Patriots running back Corey Dillon" »

A 33-year-old Pawtucket man was arrested on a Massachusetts OUI charge Tuesday morning, hours before he was due in Taunton District Court for trial on a drunk driving charge, The Sun Chronicle reported.

Juan C. Villanueva was arrested on Richards Avenue near Gould Street, shortly after 1 a.m. Tuesday. Police allege he was speeding down North Washington Street just before turning onto Richards Ave., and that he was driving on a license that had already been suspended for drunk driving. A 44-year-old passenger was reportedly intoxicated and was also taken into custody.

The newspaper reported he was arrested for his third charge and that the trial involved his third OUI charge. A third-offense OUI charge carries a minimum mandatory jail sentence of 180 days and an 8-year license suspension . Obviously, a veteran Taunton OUI defense lawyer will need to thoroughly review this case and determine the best course of action.

He had been due to stand trial in Taunton District Court on Tuesday for the previous charge, which occurred in North Attleboro in January. The judge revoked bail on the previous charge at the request of prosecutors and ordered him held without bail.

Villanueva is due back on court on both cases on May 20.

Continue reading "Repeat drunk driving offender arrested for Massachusetts OUI hours before drunk driving trial in Taunton District Court" »

A 27-year-old woman faces drunk driving charges for allegedly trying to drive home to Rhode Island in a car that was missing a tire, the Taunton Daily Gazette reported.

Diane Monteiro, of 38 Cotter St., appeared in Taunton District Court on Tuesday, where she was arraigned on charges of operating under the influence of liquor, operating a motor vehicle with a suspended license, negligent operation of a motor vehicle, operating an uninsured motor vehicle, leaving the scene of property damage and a marked lanes violation. She was released on $100 cash bail.

Monteiro was arrested April 18 on Winthrop Street in Rehoboth when officers spotted a car traveling eastbound with lopsided headlights. As the Nissan Altima passed the police cruiser, officers noticed it was driving on three tires and its taillights were not functioning.

Police report she drifted into the breakdown lane, where she drove for another quarter mile on the rim, sending sparks shooting into the air as the car scrapped along the pavement. The officers pulled her over just east of Earl Dias Interiors, where they report the Providence woman failed several field sobriety tests.

An inspection of the car revealed it had dents and scratches, as well as a missing side mirror, where police allege Monteiro crashed into a mailbox shortly before being spotted by the officers. The mirror was found on Route 44 in the 500 block of Winthrop Street, where a mailbox had also been damaged.

Authorities reported the defendant smelled of alcohol and appeared "extremely disoriented." She told officers she had consumed two mixed drinks. However, a breathalyzer test at the Rehoboth Police Station registered a blood-alcohol level of .22, nearly three times the legal limit of .08 in Massachusetts.

Monteiro is scheduled to be back in court May 17.

Continue reading "Woman faces Taunton OUI charge; allegedly passes police in vehicle missing a wheel" »

A 32-year-old Randolph man as been arrested by Stoughton police on Massachusetts drunk driving charges after his car struck a telephone pole on Central Street near the Route 138 intersection, according to the Stoughton Journal.

Police responded to the scene shortly before 5 a.m. Saturday and were told by a witness that the driver fled behind a home on nearby Packard Road. Based on the description of the driver provided by the witness, officers spotted the man near the rear of the house and called out for him to stop.

The defendant then reportedly ran, jumped a fence, and continued to run from officers. As officers closed in on the suspect, he allegedly reached toward his waistband as if he had a weapon, according to Stoughton police. Officers stopped him at gunpoint and no weapon was found.

Police identified the man as Emerson Dabresil, 32, of Randolph, and said he failed a series of field sobriety tests. Police also report the defendant had unauthorized prescription medication in his possession.

Dabresil was arrested and charged with operating under the influence of liquor, disorderly conduct, leaving an accident scene after property damage, possession of a Class E drug and negligent operation of a motor vehicle.

Continue reading "Stoughton defendant faces Massachusetts OUI charge, drug possession, after foot-chase" »

A Massachusetts teenager, charged with bullying a 15-year-old girl who committed suicide, was arrested Sunday on a Massachusetts drunk driving charge, according to the Boston Globe.

Austin Renaud, 18, was arrested in Holyoke and released on bail, pending arraignment in Holyoke District Court.

Renaud is one of six teenagers charged with what prosecutors called "unrelenting" bullying of a South Hadley High School student who committed suicide on Jan. 14. He has pleaded not guilty to statutory rape in that case.

As a result of the OUI charge, Renaud's driver's license was suspended automatically for 30 days because he failed a breathalyzer test and for another 180 days because he is under the age of 21, the Boston Herald reported.

Police reported he was parked at the side of the street with his hazard lights flashing at about 3 a.m. He told a police officer he had hit the curb and had a flat tire. Officers reported he was unsteady on his feet, had bloodshot eyes and an odor of alcohol about his person. He reportedly told officers he had not been drinking but voluntarily submitted to sobriety tests, which showed a blood-alcohol level of .15.

Continue reading "Teen bullying suspect arrested on Massachusetts OUI charge" »

A 39-year-old man has been sentenced to two years in jail after pleading guilty to charges stemming from a Massachusetts drunk driving accident last year, the Patriot Ledger reported.

Derrick D. Jones pleaded guilty to first-offense drunken driving, driving negligently, speeding and failing to stay in marked lanes. He admitted he was drunk when his speeding car struck a minivan head-on last year. He was sentenced to two years in Plymouth County jail by a Hingham District Court judge. He also must serve four years of probation.

Hingham police said seat belts and child safety seats likely saved the lives of the van's passengers, including a 30-year-old woman and her three young children. All four were treated and released at South Shore Hospital in Weymouth.

Jones was eastbound in a Chrysler 300 sedan near the Hingham rotary at 6:50 p.m. when his car went the wrong way on Summer Street, striking the Toyota Sienna. The children were ages 3, 2 and 2 months. Police estimated he was traveling 70 mph at the time of the crash. The Toyota spun off the side of the road; the Chrysler rolled onto its roof and ended up on the sidewalk. Jones and his passenger, a 52-year-old Braintree man, were also treated and released from the hospital.

Jones also faces charges in connection with several burglaries, including a break-in at the Super Petroleum station at the Hingham Rotary, which occurred Jan. 10, the Patriot Ledger reported. Police said the store's front window was smashed and surveillance cameras captured video evidence in that case. He faces charges of breaking and entering in the night, larceny of more than $250, and malicious destruction of property worth more than $250.

Continue reading "Hingham man gets 2-year jail sentence for Massachusetts OUI accident" »

The Massachusetts Appeals Court addressed the Constitutionality of an OUI roadblock in Worcester Country in its recent decision of Commonwealth v. Bazinet. The opinion of the intermediate appellate court, the Massachusetts Court of Appeals, suggests that an odor of alcohol alone would constitute reasonable suspicion to direct a motorist to the further screening area at a sobriety checkpoint. Though the court refers to two out of state decisions to supports its reasoning, Massachusetts OUI lawyers will still challenge officers ordering motorist from the flow of traffic as case law from the Massachusetts Supreme Judicial Court, requires reasonable suspicion before a motorist can be ordered from the flow of traffic. A strong argument can be made that an odor of alcohol itself should not constitute reasonable suspicion unless the officers observes other factors indicating that a motorist is under the influence.

Continue reading "OUI Roadblock in Worcester County addressed by Massachusetts Appeals Court " »

A Norton man allegedly on prescription drugs was arrested after nearly striking a detective's car and attempting to assault the officer at a red light, the Sun Chronicle reported.

An Attleboro defense lawyer should represent anyone facing Massachusetts OUI charges or charges of assaulting a police officer.

John Houlihan, of Plain Street, was arrested after police report he crossed lanes of traffic on Mill Street and nearly collided head-on with the detective's car. The officer turned around and followed the defendant, pulling behind his vehicle at a stoplight on South Main Street. Houlihan then reportedly charged the detective's unmarked cruiser in an aggressive manner.

The detective turned on his cruiser strobes and arrested Houlihan with assistance from another police officer. Police reported finding a prescription pill bottle with 27 Oxycontin pain pills missing along with $3,845 in cash in Houlihan's pocket.

Police say he failed a field sobriety test and admitted to consuming 10 to 15 Oxycontin pills. Houlihan was charged with operating under the influence of drugs, negligent operation of a motor vehicle, disturbing the peace, disorderly conduct, distribution of a Class B substance and assault.

He was jailed on $1,000 cash bail, pending arraignment this week in Attleboro District Court.

Continue reading "Prescription drugs lead to OUI drugs charges in Attleboro District Court " »

DUI charges were dismissed against former Chicago Blackhawk star Chris Chelios as a judge ruled that the police did not have probable cause to arrest Chelios for DUI.

In order for a police officer to arrest a motorist for DUI, the police must have probable cause to believe that the motorist is driving under the influence. Probable cause is a fairly low standard of proof which is generally satisfied through the officer's claiming that a motorist failed field sobriety tests. In cases with no field sobriety tests, the issue of whether probable cause supported the arrest can come into play. DUI case law holds that a mere odor of alcohol is insufficient to establish probable cause to arrest for DUI. In many cases, an officer will have other factors other than a odor of alcohol, such as slurred speech, bloodshot eyes, admissions to drinking and difficulty of the motorist maintaining balance.

While it is difficult to have a Massachusetts OUI dismissed based on a lack of probable cause to arrest, generally cases with a close issue as to probable cause are difficulty for the Commonwealth to prove at trial, where the standard of proof is much higher than probable cause, but requires proof beyond a reasonable doubt.

Continue reading "DUI Charges dismissed against former Blackhawks defenseman Chris Chelios" »

A man from Dedham, Massachusetts, Eliot C. Feeley, is charged with a First Offense OUI in Massachusetts after being stopped by the Stoughton police. Police allege that Feeley struck a car in the parking lot of the Last Shot bar and left the scene of the property damage without providing his contact information. According to a news account, police claim that Feeley switched vehicles before being stopped for allegedly not having his headlights on. The police claim that the description of the motorist who left the scene of the property damage matched the description of Feeley.

The Massachusetts OUI attorney defending this case may have a strong case that Feeley was not under the influence of alcohol. According to the news report from the Patriot Ledger, there was no erratic driving observed by the police officer. The news account only notes that the officer observed bloodshot eyes and found Feeley's speech to be slurred. What will be significant is whether the officer noted any difficulty with balance and coordination. These details are usually contained in the details of the police report. In many cases, a DUI defense lawyer will focus both on what the officer includes in the police report as well as omits from the police report. At a Massachusetts OUI trial, typically a cross examination of the officer will focus on bringing out all the positive details that show that the motorist had good balance, coordination and normal ability to communicate. While the officer will generally not write those positive details in the report, a skilled cross examination by a DUI attorney can bring out those fact that may lead to a not guilty verdict at trial

Continue reading "Dedham man charged with OUI in Massachusetts after police claim he left the scene of property damage " »

A Brockton man, John Lloyd was arrested in an empty Braintree parking lot and charged with a Second Offense OUI in Massachusetts. The case will be heard in the Quincy District Court. According to the brief news account, Lloyd refused to perform field sobriety tests. There is no requirement that a motorist perform field sobriety tests when stopped for DUI by a police officer. A motorist is perfectly within their legal right to refuse to perform any field sobriety test and the refusal to perform theses tests cannot be used against a motorist in court.

Because field sobriety tests are designed for failure and scored by the officer administering the tests, it is advisable for a motorist to polite refuse to take any field sobriety tests rather than to subject themselves to a no win situation. Further, by declining to perform field sobriety tests, the Commonwealth is left solely with the officer observations and any evidence of erratic driving.

In this case, Lloyd's Massachusetts OUI lawyer will have a strong argument that there is not enough evidence for a conviction, given that the news report suggests no erratic driving. Further, a DUI lawyer would want to investigate the location of the parking lot, whether other cars were present to determine if the officer's had a lawful basis to make the initial detention of the motorist.

Continue reading "Brockton man arrested for Massachusetts Second Offense OUI in empty Braintree parking lot" »

As a Massachusetts OUI attorney, I was interested in this story about a Kingston man who allegedly ran a red light and found himself in potentially serious legal trouble. According to the Pembroke Express, Robert Costello, 31, was stopped by the police at 12:28 a.m. on Thursday, March 18, for running a red light after Route 3's southbound exit ramp. Costello is said to have then made a left turn into the left lane instead of the right lane of Oak Street. State police had reported that a crash had just occurred on Route 3. The officer who stopped Costello saw that his car had no right front tire and that severe damage had been done to that side. That officer matched Costello's car to the description of the one in the Route 3 accident. He pleaded not guilty in Plymouth District Court and is due to return for a pretrial hearing on April 21.

The article leaves out many important details about this incident. We do not know whether a field sobriety test was administered, or what police say they observed when they interacted with Costello. He was charged with OUI second offense, failure to stop for police, a marked lanes violation and negligent operation of a motor vehicle. In a Massachusetts DUI with evidence of poor driving, it is important for a Plymouth, Massachusetts OUI lawyer to point out normal interaction that the motorists has with the officer, evidence of good balance and coordination and mental alertness.

Continue reading "Second Offenes Massachusetts OUI in Plymouth District Court for Kingston man" »

The Massachusetts Court of Appeals, in Commonwealth v. McMullin, held that the Sixth Amendment right of confrontation as set forth in Melendez-Diaz v. Massachusetts did not preclude the Commonwealth from offering Registry of Motor Vehicle records to prove the number of prior offenses at a 4th Offense Massachusetts OUI trial. The court held that Melendez-Diaz explicitly recognized that admission of court records and RMV records would not be testimonial. Accordingly, the Commonwealth would not have to offer the testimony of a live witness to testify regarding the content of court records.

In two cases, Melendez-Diaz v. Massachusetts and Crawford v. Washington, the United States Supreme Court held that the confrontation clause precludes the Government from presenting testimonial evidence without providing the defendant the opportunity for cross examination. Melendez-Diaz applied the confrontation analysis set forth in Crawford to drug certificates by labs that were used by prosecutors to prove that a substance was an illegal drug. Prior to Melendez-Diaz, a prosecutor would prove that a substance was a drug by offering the lab certificate into evidence without presenting live testimony. The United States Supreme Court struck down this practice holding that the drug certificate was the equivalent of testimony against the defendant without providing the defendant with the opportunity for cross examination.

Following Melendez-Diaz, the issue arose as to how far the decision would extend. The Massachusetts Appeals Court held in McMullin that RMV records and court records are not the equivalent of testimony offered to prove a fact at trial. Accordingly, the court allowed the records into evidence.

Additionally, the court made another significant ruling for DUI lawyers in Massachusetts. The court held that to prove a prior offense the Commonwealth does not have to prove that the defendant did not have counsel or did not validly waive counsel, but that it is the defendant's burden to show lack of counsel and lack of a valid waiver of counsel.

Continue reading "Massachusetts court rules Melendez-Diaz does not preclude admission of RMV records to prove prior conviction at subsequent offense DUI trial" »

Prosecutors decided not to bring DUI charges against Joey Porter acknowledging that they were unlikely to be able to prove the case beyond a reasonable doubt to a jury. In Massachusetts, it is extremely rare for a prosecutor to dismiss even a weak DUI case. Generally, even in cases that are difficult for the Commonwealth, the Commonwealth will proceed to trial as most prosecutors are unable to dismiss an OUI in Massachusetts pursuant to orders of the district attorney. Generally, even a case with a breathalyzer reading of .07 or .06, requires the case to proceed to a Massachusetts OUI trial.

Continue reading "Prosecutor acknowledges insufficient evidence to convict Cardinals' Linebacker Joey Porter of DUI" »

Arizona Linebacker Joey Porter was charged with DUI in California. According to news accounts, Porters friend was pulled over outside a Taco Bell when Porter pulled up to the scene. The officer requested Porter's license he refused to turn it over and rolled up the window. When the police officer tried to reach in, Porter slapped the officer's hand away. The officer grabbed Porter's arm and a confrontation ensued between Porter and the officer. Porter was charged with DUI, assault and battery on a police officer and resisting arrest.

In some Massachusetts DUI arrests, a OUI charge may arise from a confrontation with the officer. In Porter's case, it is unclear whether Porter was charged with DUI in retaliation for his confrontation with the police officer. It is unclear from the news accounts what evidence the police have that Porter was under the influence of alcohol. It does not appear that Porter drove erratically and in many cases with a confrontation with a police officer field sobriety tests are generally not given. An OUI lawyer in Massachusetts may defend a case like Porter's by trying to argue to the jury that although confrontation with the officer, the client was not under the influence of alcohol.

Continue reading "Arizona Cardinals Linebacker Joey Porter charged with DUI " »