Massachusetts DUI Attorney Blog

An Attleboro man has been sentenced to probation following a Massachusetts drunk driving accident that killed his stepfather, the Sun Chronicle reported.

The Falmouth judge granted the wishes of the man's mother, who was seriously injured in the crash but pleaded for mercy on her son's behalf. Shawn Potrzuski, 33, was placed on probation for two years after pleading guilty Thursday in Falmouth District Court to vehicular homicide while driving under the influence of alcohol.

Massachusetts vehicular homicide is punishable by up to 15 years in prison. The defendant was also ordered to abstain from alcohol and to submit to random drug and alcohol testing.

The accident occurred Oct. 18, as the family was returning from a wedding in New Seabury; their SUV veered off the road and struck a tree. Potrzuski's stepfather, Robert Coffey, 46, of North Attleboro, was killed.

"Shawn is willing to face the consequences of his actions, but please don't make him pay for what was not his fault," his mother, Karen Coffey, wrote in a victim impact statement to the court. She suffered a broken hip and foot and said she has been heartbroken by the loss of her husband and the impact the crash has had on her son's life. "This was a tragic accident - no more and no less. A very tragic accident, with many victims, including Shawn."

Continue reading "Massachusetts vehicular homicide charge leads to probation for man accused in Falmouth drunk driving accident" »

Massachusetts DUI charges for motorcycle drivers are defended with many of the same methods used to defend a charge against an automobile driver. With the summer approaching, it is likely that there will be an increased number of DUI arrests involving motorcycle drivers.

What does an officer look for when determining whether a motorcycle driver is driving drunk. According to the National Highway Traffic Safety manual that officer used to detect DUI for motorcycle drivers, one clue is drifting during the turn. The National Highway Safety manual states that studies have shown that the most common cause of single-vehicle fatal motorcycle crashes is the failure to turn properly, with the motorcycle continuing straight during the turn. The manual further states that in less extreme cases the motorcycle driver's turn radius will expand during the turn.

Another clue an officer will look for in motorcycle DUI cases is trouble getting off of the bike and failing to stop the bike in a safe place. This clue is similar to the clue officers look for in automobile stops, whether the person has trouble getting out of the car. The idea with a Massachusetts DUI cases involving a car or a motorcycle is that getting off of the bike or out of the car takes balance and coordination that excess alcohol consumption can reduce. In cases where a motorcycle driver, gets off of the bike with no difficulty, this would be a strong clue in the motorist's favor demonstrating balance and coordination and undermining the opinion of the officer that the driver was under the influence.

Another clue indicating a lack of balance and coordination is trouble with balance when the motorcycle comes to a stop. This is a clue that an officer may observe when a motorist is stopped at a stop sign or red light. Other clues that an officer would look for are being unsteady during a turn, leaning incorrectly, late breaking during a turn and erratic driving.

Continue reading "OUI in Massachusetts for motorcycle drivers " »

A Cape Cod teen was back in court Monday to face a Massachusetts vehicular homicide charge, three days after fleeing court during her arraignment, the Boston Globe reported.

Gina Giovangelo was ordered held on $500,000 bail, three days after she fled the courthouse while awaiting arraignment for the hit-and-run death of a woman in a wheelchair. Giovangelo's situation underscores that bail is meant to ensure a defendant's appearance in court. In many cases with serious criminal offenses, a defendant may not have to post any bail or may have a relatively low bail because the defendant does not have any history of not showing up at court. It is clear that a high bail was necessary given that even a 10, 000 bail did not ensure Giovangelo's appearance in court as she forfeited the bail by fleeing from court. When a court sets bail, the court considers a number of factors set forth in Massachusetts General Laws Chapter 276 Section 58. These factors include, ties to the community, prior criminal record, including prior record of defaults or not appearing for court, record of drug convictions, violations of 209A restraining orders as well as the seriousness and nature of the offense for which the defendant is charged and the potential penalty.

Giovangelo is charged with motor vehicle homicide and leaving the scene of an accident involving death. Vehicular homicide is punishable by up to 15 years in prison under Massachusetts law.

She was scheduled for arraignment on Friday but never returned to court after a cigarette break. She was initially released from jail on a $10,000 bond. The judge said she must forfeit that money as a result of fleeing, according to the Boston Herald.

She was arrest at a Wareham motel after police received a tip about her location. She reportedly fled into the woods and was captured after a 45-minute chase.

Two friends at the hotel, Cameron Byers, 20, and Jordan Robinson, 20, were charged with being accessories after the fact, according to the Boston Globe. Both pleaded not guilty.

The teen is charged in the death of a 47-year-old woman who was crossing North Street in downtown Hyannis, when she was struck in her wheelchair by a hit-and-run driver. A passenger in Giovangelo's vehicle reportedly told police the teen fled despite knowing she had hit someone because a pocketbook hit the windshield.

Continue reading "Cape Cod teen back in court to face Massachusetts motor vehicle homicide charge" »

A Pembroke, Massachusetts man, David McSweeney was charged with a Massachusetts OUI in Brockton District Court. McSweeney is alleged to have drove his motorcycle erratically on Washington and Temple Street according to a news account. A police officer stopping a motorcycle operator for DUI makes many of the same observations that an officer would make when stopping a car.

There are however some clues that an officer would look for particularly when stopping a motorcycle operator. The Brockton DUI defense lawyer could file a motion to suppress to challenge the basis of the stop, the accuracy of the witness' observations and the reliability of the account of the witness. In most DUI cases, if there is a good faith basis for a motion to suppress the stop, the motion is a valuable part of the case as it allow a DUI lawyer to hear the testimony of the officer regarding the driving prior to trial. By obtaining a transcript of the officer's testimony, there will now be two statements of the officer as to what happened, the police report and sworn testimony.

The critical aspect of this case will be excluding the breathalyzer test results from evidence. Without the breathalyzer results, there would be a chance to challenge the observations of the officer and opinion that McSweeney was under the influence at trial. If the breathalyzer cannot be excluded or a plea agreement is entered in this case, given the high breathalyzer reading, the motorist would have to attend an alcohol assessment under 24Q of the Massachusetts OUI law.

Continue reading "Massachusetts DUI for motorcycle driver heard in the Brockton District Court" »

A California judge issued an arrest warrant for Lindsay Lohan as she failed to appear in court for mandatory court hearing according to news accounts. The court date was to determine whether Lohan was complying with the conditions of her DUI probation. According to the news reports, it is alleged that Lohan missed alcohol counseling meetings.

As a Massachusetts DUI lawyer, Lohan's situation is commonly faced among many charged with DUI in Massachusetts. If a person accepts a guilty plea or is found guilty after trial on a first offense OUI, as a condition of probation, the individual will have to complete the 24D alcohol education program. Attendance at the 24D alcohol education classes is a requirement to successful completion of probation. Similarly, if a motorist is found guilty of a second offense OUI in Massachusetts, the motorist will have to attend a 14 day in-patient program and complete the aftercare component. Completion of these courses is a requirement to avoiding jail time on a probation violation hearing.

Lohan faces in California what appears to be similar to a probation violation or probation surrender hearing in Massachusetts. If a motorist accepts a plea of a Continuance Without a Finding, also known as a CWOF in the court, the motorist will have to complete the 24D alcohol education program, pay fines and fees and avoid committing any new offenses. If there are any violation of probation, either the individual fails to pay the money or complete the 24D program or commits new criminal offenses, the case is brought back to court for a probation violation hearing, which proceeds in a two step process in Massachusetts.

On the initial court date, the probation department will inform the judge whether the probation department is seeking a detention pending the final surrender hearing. If the probation department seeks a detention, the probation officer must convince the judge that there is probable cause to find the defendant in violation and that the judge should detain the defendant pending the final surrender hearing. In a typical Violation on a First Offense OUI, the probation department will not ask for a detention but set the matter down for a final surrender date. Typically, the surrender is resolved if the defendant attends the alcohol education program and gets in compliance with probation. In Massachusetts, there is no right to bail on a probation warrant or probation detention. If a judge holds a defendant prior to a probation violation hearing, there is no possibility of bail.

At a probation violation hearing, a judge can revoke the CWOF given at the initial plea, and revoke the probation and impose a sentence upon to the 2.5 year maximum penalty for the OUI offense.

Continue reading "Lindsay Lohan makes bail on warrant for alleged violation of DUI probation " »

A Cape Cod man, Bruce Perry, is charged with a Massachusetts Fourth Offense OUI. The OUI charge arises after a news account indicates that Perry was involved in a hit and run accident in Plymouth. A Fourth Offense OUI charge requires the court to impose a jail sentence of two years with a one year mandatory minimum jail sentence. Additionally, a Fourth Offense carries a ten year license loss.

Police claim that Perry was driving drunk despite having the ignition interlock device in his vehicle. Anyone convicted of a repeat DUI offense of a second offense or greater has to have the ignition interlock device installed prior to reinstatement of driving privileges.

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A Massachusetts OUI child endangerment charge was brought against a Framingham man, Ronival D. Pires, after the police allege that he was under the influence while driving with his two year old daughter. Based on the news account, it appears that the police were called because his daughter was left in the back seat while Pires was in a convenient store. The news account does not indicate that the police observed any erratic driving, but that the car was stopped because the child was not in a car seat.

Police allege that Pires failed field sobriety tests at the scene. In this case, the police officer based his decision to arrest Pires on his apparent failure to perform field sobriety tests and an odor of alcohol. Generally, when an OUI arrest is made based almost entirely on field sobriety tests, a motorist has a strong case for trial. According to the news account, there is no evidence of erratic driving. Accordingly, a Massachusetts DUI lawyer will have an opportunity on cross examination at a trial to point out the numerous driving clues that drunk drivers display while driving and point out to the jury in this case there were no such clues. When there is no evidence of erratic driving, a DUI lawyer can present a strong defense that if the motorist was under the influence, there would have been erratic and unsafe driving.

The charge of child endangerment carries a severe penalty upon conviction. The statute imposes an additional one year license loss. The OUI child endangerment statute was added to Massachusetts OUI law as part of Melanie's Law enacted October 28, 2005. On a typical 1st Offense OUI in Massachusetts, a defendant would loss their license for 45 days.

Continue reading "Framingham man charged with Massachusetts OUI and child endangerment " »

Rhode Island DUI law imposes a civil penalty for a first offense refusal to submit to a breathalyzer test. If a motorist refuses a breathalyzer for a second time within five years, the current law imposes a criminal penalty.

However, this law can be challenged on a number of grounds. First, a strong argument can be made that a court cannot enhance a sentence based on a civil finding that is not proven beyond a reasonable doubt. In a case called, Apprendi v. New Jersey, 530 U.S. 466 (2000), the United States Supreme Court held that the that due process clause of the Fourteenth Amendment requires that any factor that increased the maximum penalty for an offense must be charged in an indictment and submitted to a jury and proven beyond a reasonable doubt. An exception to this rule is a prior conviction. However, a First Offense Refusal to Submit to a breathalyzer test should not constitute a prior conviction because a motorist charged with a breathalyzer refusal does not have a right to a jury trial and the State does not have to prove the case beyond a reasonable doubt but only by clear and convincing evidence.

In addition, the Rhode Island breathalyzer refusal law is open to challenge in that it criminalizes a motorist for exercising his or her privilege against self-incrimination.

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A 28-year-old man is facing 11 criminal charges in Taunton District Court after police report he led them on a high-speed chase through Taunton, Dighton and Somerset, the Enterprise News reported.

The defendant faces a Massachusetts assault charge as well as kidnapping, driving under the influence of drugs, failure to stop for police, driving with a suspended license, refusing to identify himself to police, use of a motor vehicle without authorization and other traffic violations. A Massachusetts kidnapping charge is a serious felony, carrying a penalty of up to 10 years in prison.

Police say that Henry M. Stanley Jr., of 2125 Winthrop St., Dighton, reached speeds of 100 mph in a stolen Lexus sedan while being chased along Route 138 by a Massachusetts State Police cruiser.

The chase started at about 1:30 a.m. Tuesday after a trooper noticed the gray Lexus parked on High Street outside the Taunton District Court House. As the car drove away, the trooper identified it as the one wanted for eluding Brockton police on Route 24 just minutes earlier.

The trooper followed the car without lights and sirens while awaiting backup. The defendant reportedly realized he was being followed and began fleeing near the Taunton-Dighton line. Authorities report clocking him at 100 mph along Somerset Avenue, where the speed limit is 40 mph. Police slowed the Lexus by puncturing the front tires with tire deflation devices strewn in the roadway. The defendant finally stopped on route 138 near Buffington Street in Somerset.

A female passenger fell out the front door and police report the defendant again fled, nearly running the woman over and almost colliding with several police cars. The Lexus finally crashed into a utility pole near Harrison Avenue, where they found Stanley slumped over the wheel and disoriented.

He began vomiting and told police he had spent the day doing heroine, cocaine and crack. Police were told the 42-year-old woman in the vehicle was offered a ride home after meeting him outside the courthouse.

The defendant was held on $15,000 bail and is due back in court for a hearing on June 7.

Continue reading "OUI charge in Taunton, Massachusetts brought as a result of high speed chase" »

A Weymouth, Massachusetts teenager, Adam Murphy, was charged with OUI. Since the motorist was under 21, he faces enhanced penalties if convicted of an OUI in Massachusetts. Teen who are charged with an OUI face a potential three year license suspension for refusing the breathalyzer test, a 180 day suspension for failing the breathalyzer test and a 210 day license loss if convicted of OUI.

Police found Murphy asleep behind the wheel after he crashed into a building according to the news account from the Patriot Ledger. He is alleged to have failed field sobriety tests and was placed under arrest.

Continue reading "Weymouth, Massachusetts teen charged with under 21 OUI " »

An alleged Attleboro drunk driving accident has resulted in the arrest of a Franklin man on a third-offense Massachusetts OUI charge, the Sun Chronicle reported.

Nicholas Kotros, 30, of 157 Conlyn Ave. in Franklin, was arrested walking on Route 140 in Mansfield shortly after hit-and-run accident on Interstate 95 in Attleboro, which occurred about 2 a.m. Thursday. The driver of one of the vehicles suffered minor injury and was taken to Sturdy Memorial Hospital.

Kotros pleaded not guilty to the third-offense drunk driving charge, leaving the scene of an accident with personal injury and failure to drive within marked lanes. He was ordered held without bail pending a dangerousness hearing. A third violation of Massachusetts drunk driving laws carries a penalty of up to $15,000 in fines, five years in prison and an 8-year license suspension.

Massachusetts State Police report Kotros was northbound on I-95 when he struck the rear of an SUV near the Toner Boulevard exit. Another car crashed into a guardrail while attempting to avoid the collision. The vehicle Kotros is accused of driving was found abandoned on the ramp from I-95 to I-495 North.

A Mansfield police officer found Kotros walking nearby on Route 140 with muddy clothing and a scratch on his arm. He reportedly told police his car had been taken from the parking lot of an Olive Garden earlier in the evening and he was walking to a friend's house.

Continue reading "Third-offense Massachusetts OUI charge alleged in Attleboro car accident" »

A man has pleaded not guilty to an Attleboro drunk driving charge after police found him sleeping in his car, the Sun Chronicle reported.

It is not uncommon for police to charge someone with drunk driving if they are found drunk in a vehicle, regardless of whether they were caught driving. A Massachusetts OUI defense attorney should be called to represent the defendant in this case, who may have a legal defense to the element of operation of a motor vehicle.

Christopher P. Mullen, 44, of 11 North Grove St., Foxboro is being held in jail after being founded inside the car in the parking lot of North Bowl Lanes in North Attleboro. He pleaded innocent in Attleboro District Court to a third-offense drunk driving charge and driving to endanger. A third violation of Massachusetts drunk driving laws carries a sentence of up to 2.5 years in jail if the case remains in district court and a eight year loss of license.

Police were called to the bowling alley on Route 1 about 2:15 p.m. Monday, where they found the defendant in his car, which they claim was partially parked in a travel lane of the parking lot.

He is being held in jail on a on $3,000 cash bail at the request of the District Attorney's Office and is due back in court on May 14.

Continue reading "Man found sleeping in his car charged with OUI in Massachusetts " »

A Groveland school committee representative has been charged with drunk driving after his 50th birthday celebration, Fox News reported.

Joseph D'Amore, 50 faces a first-offense Massachusetts OUI charge. He told a local paper he made a mistake and that the lack of judgment did not reflect on his ability to represent Groveland on the Pentucket School Committee.

While D'Amore's position makes him a public figure, this case illustrates the challenges people are facing at work in the wake of a DUI arrest. An experienced Massachusetts OUI defense attorney can often fight a drunk driving charge, keeping a conviction off your record and preventing the charge from being used against you by a current or future employer.

D'Amore won election to a second three-year term on the school committee at this week's election. Fox reports that the school representative and financial adviser was driving home from the party when he was stopped by police and given a breathalyzer test.

The charge was continued without a finding until April 22, 2011, which means if he follows court conditions and stays out of trouble, the case will be dismissed. However, although a CWOF, or continuance without a finding is not technically a conviction, the Massachusetts Registry of Motor Vehicles will consider the CWOF as a prior conviction for the purposes of OUI license suspensions.

Continue reading "School Committee representative charged with Massachusetts OUI in Groveland" »