A charge of a Third Offense OUI in Massachusetts was brought against a Weymouth man, Michael Tomkins after police allege that Tomkins was under the influence of alcohol while driving with his six year daughter, according to a news account from the Patriot Ledger. A charge of child endangerment is brought when anyone is charged with a DUI offense with a child under 14 in the vehicle. The additional penalty for a child endangerment offense is a one year license loss along with the potential for a jail sentence. The child endangerment statute, Chapter 90 Section 24V was added to Massachusetts OUI laws with the passage of Melanie's Law.
A Massachusetts OUI lawyer defending Tomkins before a jury may wish to attempt to exclude any testimony that Tomkins had a minor in the car while he was driving to avoid having the jury be prejudiced when hearing the testimony as to whether he was impaired while driving. This could be done by asking the judge for a bifurcated trial. The child endangerment charge makes the Massachusetts OUI offense more difficult to defend and would require a careful decision as to whether to proceed with a jury or bench trial.
Based on the news account, it is unclear how strong of a drunk driving case the Commonwealth has. The news account does not mention that the officer observed any erratic driving while following the vehicle for two miles. This would present significant evidence of normal driving for the defense. The severity of the accident will also be an important factor. If the accident only caused minor or minimal damage, a Massachusetts DUI defense attorney could argue that Tomkin did not know he struck the other car. Lastly, it will be important what other observations the officer made to determine that the defendant was under the influence, including manner of speech, appearance as well as balance and coordination, getting out of the car and performing other physical tasks required by the officer, such as field sobriety tests.
For those charged with a Massachusetts OUI offense, Attorney DelSignore will provide a comprehensive free consultation to explain the court process, license consequences, consequences of a plea and the strengths and weaknesses of your case if it proceeded to trial. I also schedule appointments immediately and answer most calls personally. If you are charged with a Massachusetts OUI, you can call me immediately and will generally reach me personally. I defend cases throughout Massachusetts, including Worcester, Framingham, Dedham and Quincy courts. Call 508-455-4755 for a free consultation.
