Massachusetts DUI Attorney Blog

With recent DUI accidents in Massachusetts involving police officers being hit by drunk drivers, news reports indicate that OUI enforcement will be increased throughout Massachusetts. In light of recent events, this increased patrol is understandable, which will include more aggressive patrol and increased use of DUI roadblocks to take drunk drivers off of the road. Many times increased DUI patrols will result in many individuals being charged wrongfully with a DUI. The consequences can be serve of having a drunk driving conviction.

Generally, as a Massachusetts DUI lawyer, roadblock cases tend to be difficult for the Commonwealth to prove. First, typically a roadblock case will be defended by challenging whether the roadblock complied with the Fourth Amendment to the United States Constitution. Under the Constitution, police need reasonable suspicion of criminal activity prior to detaining an individual and depriving an individual of their freedom. While this is a low threshold, a roadblock is essentially an exception to the Constitution, authorizing the police to stop motorists without any basis, as long as it is done according to the State police roadblock plan.

Some states pursuant to their State Constitution find that roadblocks are unconstitutional. The Rhode Island Supreme Court in Pimental v. State, ruled that DUI roadblocks are unconstitutional under the Rhode Island State Constitution. However, roadblocks have been upheld as constitutional in Massachusetts as long as they confirm to the requirements set forth by the Massachusetts Supreme Court.

The United States Supreme Court in Michigan Dep't of State Police v. Sitz, 496 U.S. 444 (1990) and the Massachusetts Supreme Judicial Court in Commonwealth v. Trumble, 396 Mass. 81 (1985), both upheld that roadblocks are constitutional under both the state and federal constitution.

In addition to having the ability to challenge the basis of the stop, roadblocks cases generally involve no observations of erratic driving. In a DUI trial, lack of evidence of poor driving makes it difficult for the Commonwealth to prove its case beyond a reasonable doubt. Roadblocks cases rely heavily on field sobriety tests. These roadside tests, such as reciting the alphabett, number counting tests, finger to nose test, balancing on one leg and walking and turning all can be attacked by an experienced Massachusetts DUI lawyer.

Continue reading "Increased Massachusetts OUI enforcement to occur in light of recent DUI accidents involving police officers" »

A Rhode Island Superior Judge ruled that breathalyzer test results should be suppressed from evidence at a DUI trial in a January 27, 2009 decision. The case was State v. Cote, where the judge ruled that because the defendant refused to submit to a preliminary breathalyzer test, that the defendant could not be asked to submit to a breathalyzer test at the police station. Under the language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, once a defendant refuses a breathalyzer test, no test shall be given.

The trial judge reviewing the plain language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, which states that if a defendant refuses a breathalyzer test, none shall be given, and held that the language of the statute precludes the police from offering a breathalyzer test once a motorist refuses to submit to a preliminary breathalyzer test. As a Rhode Island DUI lawyer, this ruling is significant as it could result in the exclusion of breathalyzer test results. Since the decision is from a superior court judge and not the Rhode Island Supreme Court, other judges may decline to follow the decision.

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Two 18-year-olds have been arrested after police found two dozen teenagers partying at a Forbes Hill Road home strewn with beer and vodka bottles, the Patriot Ledger reported.

Chandler Webb and Paul Fiorenza face charges of being minors in possession of alcohol and providing alcohol to minors. A third person was arrested for allegedly breaking into the home while the teens were under arrest. Depending on the actions taken by law enforcement, a Quincy criminal defense lawyer may be able to get these charges reduced or dismissed. Particularly in cases involving minors, police officers may enter a home in search of illegal activity without proper cause for doing so. Cases involving illegal search and seizure in Massachusetts may result in a reduction or dismissal of the charges.

As a homeowner or resident, you have every right to speak with an officer on the front step, with the door closed, or ask that they remain outside the home. It is not necessary to be rude, but neither is it necessary to give police free rein to wander through your home in search of underage drinkers or other infractions. Often, what starts as a complaint about noise or other nuisances, leads to criminal charges after officers arrive and are allowed to search through a home.

In this case, officers responded to the Forbes Hill Road hope shortly before 11 p.m. Thursday, after receiving a complaint about teenagers drinking and a large party. Police say they had been at the home on similar calls in recent weeks, including July 4.

Responding officers placed the two teens under arrest and waited while other teens called parents for a ride home. The two teens told police that they had inherited the house from their grandparents and that they lived their alone.

Once released from custody, the two returned home to find that the home had been burglarized. Missing items include two laptop computers, a cell phone, video games and sunglasses.

Adam Kenney 20, of Lynn, was arrested and faces a charge of breaking and entering, a Massachusetts larceny charge and trespassing.

All three defendants will face the charges in Quincy District Court.

Continue reading "Massachusetts underage drinking charges result from search of house party in Quincy" »

A Bridgewater man is facing Massachusetts drunk driving charges in connection with a Taunton OUI accident involving a state trooper, the Taunton Gazette reported.

Matthew Charette, 24, has pleaded not guilty to drunk driving in Taunton District Court. The crash occurred on Route 24 early Saturday morning and injured a state trooper and another motorist.

In the last month, a trooper has been killed and three other troopers have been injured after being hit by passing motorists. Four drivers are facing drunk driving charges in connection with the accidents.

Prosecutors allege that Charette had a blood-alcohol level of .17, more than twice the legal limit of .08 for drunk driving in Massachusetts. He is due back in court on Sept. 30.

Police say he crashed his 1996 Volkswagen Jetta into the back of a state trooper's cruiser, which was pulled over with activated flashing lights in the northbound breakdown lane of Route 24 in Taunton. The force of the crash pushed the cruiser into the rear of a 2006 Chrysler Sebring driven by a 22-year-old Brockton motorist who had been pulled over for a traffic violation.

Authorities say Charette's car flipped over as a result of the collision and he was found hanging upside down in his seat belt. Prosecutors say alcohol was found in his car and Charette admitted that he had been drinking. Investigators believe he may have fallen asleep before the crash because they found no skid marks or other evidence that he tried to stop.

Charette works at Bridgewater State College, where he is also a graduate student. His attorney said he has no prior criminal record.

Continue reading "Grad student facing Taunton, Massachusetts OUI charges after accident with state trooper" »

An alleged drunk driving accident in Sudbury, Massachusetts has led to the arrest of a 23-year-old New Hampshire man, the MetroWest Daily News reported.

Benjamin Blunt, of 99 Clinton St. in Concord, was charged with driving under the influence of alcohol and failure to stay within marked lanes. Authorities allege that he slammed his car into Sudbury Automotive on Boston Post Road. Police found him standing outside his vehicle at about 6 a.m. The car was partly embedded in the side of the building. The shop was closed and unoccupied at the time of the crash.

A Worcester criminal defense lawyer experienced in handling Massachusetts OUI charges will review the facts and circumstances of this case and help the defendant decide upon the best course of action. Certainly there could have been some sort of mechanical failure that caused him to crash into the building or he could have been dodging an obstruction in the road.

Unfortunately, when law enforcement decides you have been drinking, they generally stop any attempts to determine other possible causes of an accident.

The owner said it is not the first time the building has been hit by a motorist -- it had previously been hit by a motorist who may have fallen asleep at the wheel. In this case, the vehicle was prevented from entering the building by a set of vending machines. The accident reportedly scattered change and Pepsi and Coke across the parking lot. The owner said there also is damage to the building, a garage door and the interior pump controls and that loss of business could result from the garage door being inoperable.

Restitution is another area in which a defense lawyer will need to work on behalf of this client. Determining the actual losses can help protect the driver against excessive claims for restitution.

Continue reading "Massachusetts OUI charges brought after car crashes into gas station in Sudbury" »

A 48-year-old man is facing drunk driving charges in Attleboro after a hit-and-run car accident at Hillside Avenue and Park Street, according to the Sun Chronicle.

Christopher L. Cokonis, of 711 Hillside Drive, is accused of crashing head-on into a car at the intersection, while turning from Park Street onto Hillside Avenue. Police report that the 50-year-old driver of the other vehicle was not seriously injured.

Authorities say Cokonis drove away from the accident scene when the other driver said he was calling police. The defendant was later arrested at his apartment. He has pleaded not guilty in Attleboro District Court to a number of charges, including drunk driving, driving to endanger and leaving the scene of an accident.

He has been released on bail and is due back in court on Sept. 16. An Attleboro OUI lawyer can contest the drunk driving charges in this case.

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Several suspects are facing Dedham, Massachusetts OUI charges after being arrested while sleeping, the Dedham Transcript reported.

A Dedham defense lawyer should always be called to represent someone charged with drunk driving. Police may still make an arrest if a motorist is in a vehicle and in possession of the keys. Hiring an experienced attorney offers the best chance to protect your rights and beat the charge. Just because you are charged with OUI, does not mean you will be convicted of OUI. The issue of whether the Commonwealth can prove that you operated a motor vehicle is very fact specific and depends on all of the surrounding circumstances of the incident.

Police arrested a 56-year-old Walpole man after reportedly finding him passed out behind the wheel of a 2002 Toyota Tundra in the area of Quincy Avenue and Dale Street. Police say he failed field sobriety tests and was arrested for driving under the influence of alcohol. He has pleaded not guilty in Dedham District Court.

In a separate incident, an officer was sent to Berkeley Road, where he found a 2001 Mitsubishi Eclipse with two men sleeping in reclining seats. The driver told police the vehicle had not been in an accident. But it appeared to have front-end damage and a nearby Mercury Tracer was also damaged. The driver failed field sobriety tests and was arrested and charged with driving under the influence. He also pleaded not guilty in Dedham District Court.

One day later, a 23-year-old man was found sleeping in the front seat of a 2008 Ford Fusion as police responded to the scene of a domestic assault complaint. The vehicle was reportedly running and in drive. The driver failed field sobriety tests and was arrested. He, too, has pleaded not guilty in Dedham Court.

Continue reading "Series of Dedham drunk driving arrests result after suspects found sleeping in vehicles" »

A Massachusetts Second Offense OUI charge was brought against an Attleboro woman, Tarsha Hall, after she was allegedly involved in an accident side swiping three parked cars, according to a news account.

Witness statements according the the Attleboro Sun news account state that Hall's vehicle lurched to the right as she was traveling on Holman Street and side swiped three cars. Hall got out of the car and started walking when she was found by the police. Police administered field sobriety tests and the defendant is alleged to have consented to a breathalyzer test resulting in a reading of .34.

Given the high breathalyzer reading, Hall's Attleboro OUI lawyer will have to review the documents carefully from the police station and the Office of Alcohol testing to determine if the machine was functioning properly on the date of the test given in this case. Additionally, Hall performance on the field sobriety tests may provide a basis to challenge the accuracy of the breathalyzer machine. Given the breathalyzer reading, if it was accurate, it would be expected that Hall would not have even come close to performing these tests accurately.

Continue reading "Second Offense Massachusetts OUI charge brought against Attleboro woman" »

Actress Lindsay Lohan was ordered to jail this week for violating probation and failure to undergo alcohol counseling, the New York Post reported.

A Massachusetts OUI charge carries the threat of significant penalties, including jail time, mandatory counseling, probation, fines and court costs. Sometimes defendants find themselves in additional trouble for failing to properly comply with the terms of probation.

Drunk driving charges frequently involve motorists with little or no experience with the criminal justice system. An experienced Boston OUI lawyer can make sure you understand what you need to do to remain in compliance and will have the knowledge and experience necessary to defend you if you are ever brought to the court for a probation violation hearing, sometimes referred to as a probation surrender hearing in Massachusetts.

In Lohan's case, the L.A. judge sent her to jail for 90 days for failure to attend educational classes ordered as part of her plea agreement to two DUI arrests in 2007. Lohan had fallen behind in class attendance and had been ordered in December to begin attending once a week. Instead, she missed seven weeks of classes and a court date in May when she was at the Cannes Film Festival and said she lost her passport.

The actress was ordered to report to jail on July 20. Jail personnel said she would likely serve about 25 percent of her sentence, or about 25 days behind bars. Lohan was sentenced to 30 days for reckless driving, and 30 days for two separate DUI arrests that came in May and July of last year.

The judge also ordered Lohan to enter an inpatient substance abuse treatment program within two days of her release. Prosecutors were not allowed to introduce evidence that Lohan's alcohol monitoring bracelet indicated she had consumed alcohol on June 7, the night of the MTV Movie Awards.

It is the latest is a series of legal problems for the actress, who had her probation revoked in May after missing a hearing stemming from a three-year-old drug and alcohol case.

Continue reading "Jail sentence for Lindsey Lohan highlights risks of Massachusetts probation violations" »

A Hanover man, Shawn T. Heavey, was sentenced on a Fourth Offense Massachusetts OUI charge. Heavy received a two and one half year jail sentence with one year to serve and the balance of the sentence suspended. It is unclear as to what is alleged to have occurred based on the news account from the Patriot Ledger.

Generally, a defendant receives a reduced sentence when accepting a plea prior to trial. In Heavy's case, he received the minimum amount of time to serve based on the plea, but will incur a ten year license loss, to run on and after any other license suspensions. If he refused the breathalyzer in the case, he would have already lost his license for life unless he successfully appealed the refusal suspension to the RMV within 15 days.

Continue reading "Hanover man sentenced in Fourth Offense Massachusetts OUI charge out of the Hingham District Court" »

A 28-year-old Worcester man facing Massachusetts hit-and-run charges in Worcester has been released on $5,000 cash bail following arraignment, the Telegram reported.

The accident killed a 28-year-old Worcester corrections officer when his motorcycle was struck at Blackston Road and Whipple Street. The defendant, Joseph Ferrantino, is accused of turning onto Whipple Street and into the path of the motorcycles, which was southbound on Blackstone River Road. The defendant allegedly left the scene but called police about three hours later to report that he believed he had been involved in an accident.

A Worcester criminal defense attorney will work to seek a reduction or dismissal of some of the charges the defendant faces in this case. Despite calling and reporting the accident, he faces charges of vehicular homicide by negligent driving, leaving the scene of a personal injury accident resulting in death, driving so as to endanger, making an improper turn and failing to stop or yield. Massachusetts vehicular homicide (Chapter 90 Sec. 24G) is punishable by up to 15 years in prison.

Officers were called about 2 a.m. and responded to the scene involving the 1998 Harley-Davidson motorcycle. The victim was taken to UMass Memorial Medical Center -- University Campus, where he was pronounced dead at 2:30 a.m. Police say the motorcycle struck the passenger side of the car, ejecting the rider from the bike. Shortly before 5 a.m., police received a call from Ferrantino, who reported the accident. Investigators went to his home and found a 2004 Pontiac GTO with damage to the passenger side.

An Assistant District Attorney claims the defendant admitted to drinking before the accident but passed field sobriety tests administered by police.

The judge rejected a request by the state to set bail at $50,000 and also declined to impose restriction requested by the state's attorney, including that the defendant surrender his passport, undergo drug and alcohol evaluation, remain under house arrest and refrain from driving.

The judge noted that the Registry of Motor Vehicles could seek to suspend the defendant's driver's license if it saw fit to deem him a threat to public safety.

Boston OUI Lawyer Michael DelSignore wishes you a safe and enjoyable Fourth of July. Celebrate responsibly, know that law enforcement will be out in force, and call if you are stopped or charged with drunk driving anywhere in Massachusetts.

Attorney DelSignore will personally be available to speak with you by cell phone throughout the holiday weekend.

MASS Live reports great weather with plenty to do. AAA is predicting that more than 1.77 million motorists will hit the road in New England, or nearly 20 percent more than last year.

A law enforcement roadblock netted seven OUI arrests in Hingham last week, the Globe reported. And authorities will be conducting roadblocks -- or sobriety checkpoints as they like to call them -- throughout the weekend.

There is irony in the fact that local law enforcement will spend the Independence Holiday conducting an activity that skirts the Fourth Amendment rights of residents to be free from unreasonable search and seizure. If you are charged with OUI at a Massachusetts checkpoint, call to discuss your rights.

Field sobriety tests and breathalyzer examinations in Massachusetts are another area of the law where an attorney can protect your rights. When such tests are conducted incorrectly, a reduction or dismissal of the charges often results. Some motorists choose to refuse the test, which can carries a six-month license suspension for first offenders if upheld on appeal, but also denies the state a key piece of evidence to prove that you were driving under the influence.

When it comes to field sobriety tests, many motorists mistakenly believe these tests are used by law enforcement to determine whether you are intoxicated and that passing the tests will result in your being allowed to continue on your way. This is rarely, if ever, the case. Field sobriety tests are nothing more than a tool by law enforcement to gather evidence of your guilt in the opinion of a law enforcement officer whose job it is to ... gather evidence of your guilt!

The best defense against a Massachusetts OUI charge is to hire an experienced criminal trial lawyer.

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