Massachusetts DUI Attorney Blog

DUI Roadblocks in Massachusetts will be scheduled for Halloween weekend. The Massachusetts State police will be conducting a DUI roadblocks, also known as a sobriety checkpoint in Hampden County, Massachusetts. A DUI roadblock is when the State police stop every car in order to ensure that drivers are not operating under the influence of alcohol. Generally, the police will stop every car; roadblocks are set up on secondary streets where they can be safely conducted and where there is room for cars to be pulled into a screening area for additional testing, including having motorists perform field sobriety tests if there is an indication that the driver may be under the influence. State across the country are also increasing DUI enforcement over the Halloween holiday weekend.

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The Massachusetts Court of Appeals in the case of Commonwealth v. Curley ruled that the self-incrimination Clause of Article 12 of the Massachusetts Declaration of Rights, does not preclude the Commonwealth from introducing evidence of a defendant's unsuccessful attempt to take a breathalyzer test. In this case, the defendant agreed to take a breathalyzer test; but according to the Commonwealth, was not following instructions to produce a sufficient breath sample for the machine. The trial judge allowed this testimony into evidence and the Appeals Court affirmed the decision.

n the case of the Opinion of Justice, 412 Mass. 1201 (1992), the Massachusetts Supreme Judicial Court ruled that to admit evidence of a motorist's refusal to take a breathalyzer test violates the privilege against self-incrimination because the refusal is tantamount to a statement that the motorist had too much to drink. Further, the Massachusetts Supreme Judicial Court has held that a refusal to take field sobriety tests is also inadmissible under the self-incrimination clause.

The court ruled that since the defendant consented to take the breathalyzer test admission of his failed attempt would not violate the privilege against self-incrimination. As a Massachusetts OUI lawyer, I believe that the court's decision is incorrect because it overlooks the fact that there are legitimate reasons why a motorist may not be able to provide a proper sample into the breathalyzer machine. Individuals with medical issues that result in a lower lung capacity may not be able to provide a sufficient sample.

Continue reading "Massachusetts Appeals Court allows testimony regarding failed attempt to take breathalyzer test into evidence during OUI trial. " »

Those arrested for OUI in Massachusetts often ask, should I hire a lawyer to defend my case in court. The answer, yes. Anyone charged with a Massachusetts OUI should hire an experienced lawyer that handles and takes drunk driving cases to trial. I have taken many OUI case to trial with not guilty verdicts; in some cases, it is difficult to judge the strength of the case until a complete investigation is performed, which requires obtaining all documents from the Commonwealth and conducting an independent investigation of the facts behind the arrest.

Here are the top 10 reasons why you should hire a DUI attorney:

1. An OUI charge is difficult for the Commonwealth to prove because it relies heavily on the opinion of the arresting officer.

2. The officer's opinion in a DUI case is based on field sobriety tests that most judges and jurors understand are not reliable evidence. These tests are difficult for most people to do even if they have not consumed alcohol. This fact can be emphasized to the jury during your trial.

3. If you are found guilty after trial, most judges will not penalize you for going to trial on a first offense; accordingly, you receive substantially the same disposition as if you had accepted a plea agreement.

4. Even if you eventually resolve the case prior to trial, a Massachusetts DUI lawyer can explain the likely license consequences you will face at the Registry of Motor Vehicles. If you are an out of state resident, acceptance of a plea in Massachusetts may have serious implications on your ability to drive in your home state as most states treat an out-of-state offense as if it happened in your home state.

5. In Massachusetts, there is a lifetime look back for prior offenses; accordingly, you will always have to deal with the consequences of a plea on an OUI charge if you are charged in the future. Under Massachusetts OUI law, penalties for second and third offenses increase dramatically and include the requirement of installation of the ignition interlock device.

6. A DUI lawyer can advise you as to whether your case should proceed before a judge or jury.

7. The burden of proof is on the Commonwealth in a drunk driving case, like any criminal case; you will not have to testify at court and an attorney can discuss whether or not you should testify.

8. You may have a legal defense to your case resulting in it getting dismissed as a result of your lawyer filing a motion to suppress.

9. You will face increased insurance costs as a result of an OUI conviction.

10. If you refused a breathalyzer test, there are strict time limits to appeal to the Registry of Motor Vehicles that you must follow in order to have your appeal heard.

An article in the New Haven Independent caught my attention regarding allegations against a police officer in Connecticut, James Evarts, who was suspended for six months after calling in sick for work and then hours later being arrested for DUI while carrying his weapon. It appears that Evarts had an 11 year history with the police department and was a good officer and well liked by fellow officers, given the support for him at his hearing. The officer attends to appeal the suspension.

The article is of interest to me as a Massachusetts OUI Lawyer as it shows that anyone can get charged with a DUI offense. Many of my clients are hard working individuals like the police officer who have a long history of being a good employee, a responsible parent and a law abiding member of the community. However, getting charged with a DUI offense is easy because the offense is based on the opinion of the arresting officer. It is not a crime to go out and have a few drinks and then drive. Chapter 90 Section 24 of Massachusetts OUI law imposes criminal penalties when alcohol diminishes a motorist's ability to drive safely as a result of having consumed alcohol. The instructions a jury will receive from a judge at a Massachusetts DUI trial will tell the jury specifically that is not illegal to have alcohol and drive, unless it impairs, reduces or decreases the ability to operate a motor vehicle safely.

Accordingly, it is important to hire an experienced DUI lawyer in Massachusetts to fight the charge, to contest the observations of the officer and to discredit the officer's opinion. I am available seven days a week and easy reachable by phone, 508-455-4755 or email through this site or directly at mdelsign@gmail.com.

A 37-year-old Massachusetts man was arrested at his lawyer's office in Providence last week on criminal charges in connection with a Rhode Island drunk driving accident.

Drunk driving accidents often result in very serious criminal charges. Consulting an experienced Rhode Island DUI defense lawyer is critical and arranging to surrender to charges through your attorney is also a very smart move. Your attorney can assert your rights to remain silent and make sure your rights are protected against overzealous investigation or interrogation by law enforcement.

The Providence Journal reports that James Manning, 37, faces charges of driving without a license, running a red light and driving under the influence of drugs or alcohol, death resulting. Police had reportedly been looking for him for several days after collecting evidence they say indicates he was under the influence when he allegedly ran a red light and crashed into another car on Sept. 18.

Witnesses reported seeing Manning's Ford SUV run a red light at Mineral Spring Avenue, where it struck another car. Both Manning and his passenger were thrown from the vehicle. His passenger later died as a result of his injuries.

Manning had been taken to Memorial Hospital in Pawtucket for treatment after the accident; detectives reportedly obtained a consent to search for his hospital records to determine whether drugs or alcohol were found in his system.

Police had obtained a warrant for his arrest but had not been able to locate him at Massachusetts addresses in Woonsocket and Milford.

The Journal reports that Manning has never been licensed to drive in Rhode Island, but has 18 outstanding traffic tickets, including several charges of reckless driving and operating without a license. He also has a long history of criminal violations and has been in and out of prison for most of the last two decades.

Continue reading "Massachusetts man charged in Rhode Island drunk driving accident that claimed life of friend" »

When a motorist is charged with a Massachusetts Second Offense OUI, the Commonwealth has to prove the defendant previously was convicted of OUI in Massachusetts or in some other State with an equivalent State statute. If a motorist is charged with a third or fourth offense, the process is the same with the Commonwealth required to prove the additional convictions.

A case from the Indiana Supreme Court may assist Massachusetts OUI lawyers in excluding prior convictions made when the motorist admitted to the charge pro se, or without a lawyer. In the case of Hopper v. Indiana, decided, September 28, 2010, the Indiana Supreme Court held that it would require judges at a plea hearing to advise a defendant of the dangers of going to trial without a lawyer, that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution's case.

The Indiana Supreme Court imposed this new rule not pursuant to the federal or its State Constitution but under its supervisory powers over the Court. In Iowa v. Tovar, 541 U.S. 77 (2004), the United States Supreme Court rejected the argument that the Sixth Amendment requires an enhanced warning against the dangers of self-representation.

The Indiana Supreme Court in Hopper emphasized that the additional advisement would not consume significant court time and participation of counsel is likely to further plea bargain as well as delays in litigating cases.

As a lawyer defending Second Offense Massachusetts DUI charges, this decision represents a way to challenge a prior conviction at trial. The decision may prove even more helpful in cases of Third and Fourth Offenses to assist a defendant in avoiding mandatory jail time.

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Drunk driving charges in Worcester, Westborough or Shrewsbury are sometimes filed as the result of a car accident. But it's not everyday that a driver faces charges after rear-ending the SUV of the head of the Massachusetts State Police.

The Telegram & Gazette reported that a 51-year-old Worcester woman was charged with drunk driving in Shrewsbury after rear-ending the SUV of Col. Marian J. McGovern, of Millbury, as she waited at a stoplight on Route 20.

McGovern is the head of the MSP and has been on a mission through the summer after a number of troopers were struck by drunk drivers. She was in her unmarked state police Ford Explorer when the Ford 500 sedan slammed into her on Route 20 eastbound at Grafton Street.

She reportedly got out to check on the driver and determined she had likely been drinking. She called an on-duty trooper and Donna M. Sclamo, 51, of Worcester, was hit with her fifth Massachusetts drunk driving charge. Under Massachusetts law (Chapter 90 Section 24) a fifth offense is punishable by 2-5 years in prison and a lifetime driver's license suspension with no hardship eligibility.

State police say Sclamo was booked at the barracks in Millbury and will face the charges in Westboro District Court. She was arrested on her fourth drunk driving charge in 1998 and also charged with driving without a license, failure to drive within marked lanes, driving an unregistered vehicle, driving an uninsured vehicle and illegally attaching license plates.

She was arrested for third-offense OUI in 1996 and sentenced to two years in jail. She was arrested for her second-offense OUI the prior year.

Continue reading "Worcester woman faces fifth OUI charge in Westboro after rear-ending state's top cop in Shrewsbury" »

A Republican candidate for the Arizona House of Representatives was recently forced to resign when it became known that he had been convicted of drunk driving.

Being convicted of drunk driving in Massachusetts comes with consequences that can last for years. Frequently, drunk driving charges can involve college students or even teenagers. Unfortunately, they may compound the mistake of driving after having too much to drink with the even larger mistake of pleading guilty to the charge without the assistance of an experienced Massachusetts OUI defense lawyer.

In other cases, a parent may decide not to hire a defense attorney on behalf of a teenager, often because they mistakenly believe such charges will disappear in adulthood or can be expunged or sealed at a later date. In most states, a DUI conviction cannot be sealed or expunged and will remain a part of a driver's permanent criminal record.

And in still other cases, a defendant may decide not to hire an attorney because of the expense. Various studies have put the cost of a DUI conviction at more than $10,000, including fines, court costs, attorney fees, DUI school, increased insurance premiums, lost wages and other expenses. Defense lawyers understand expense is a factor and many accept payment by credit cards or will offer affordable payments plans or other arrangements. Hiring an experienced drunk driving defense attorney is frequently the best money you will spend as a result of a DUI arrest.

Consequences of a drunk driving conviction can include:

-Court costs, fines, probation, jail time and suspension of your driver's license.

-Skyrocketing insurance premiums and costly fees to retrieve your driver's license.

-Loss of employment and/or the inability to obtain certain jobs or hold certain occupational licenses. Many times, job applications will ask about previous arrests and a drunk driving conviction can force you to make a disclosure on job applications throughout your career.

-Scholarships can be lost and a drunk driving conviction can impact your ability to join the military or obtain certain types of government assistance, including student loans.

-Probation requirements can lead to additional legal problems.

Consulting with an experienced Massachusetts criminal defense attorney can help protect your rights.

Continue reading "Those facing drunk driving charges in Massachusetts need to consider the consequences of an OUI conviction" »

More women are being charged with drunk driving in Massachusetts and those that are convicted are paying a steep price, the Herald News reported.

Nationwide, the Federal Bureau of Investigation reports that the number of woman who have been arrested and convicted for drunk driving has soared more than 40 percent in the last decade, even as the number of men who have been caught and convicted has fallen by 8.8 percent. Massachusetts DUI charges among women increased more than 30 percent during the same time period, while arrests among men dropped by more than 10 percent.

Health and safety workers say a number of reasons are likely responsible for the trend, including police who are less likely to look the other way when a defendant is a woman; women who are facing the financial and work-related stress of being head-of-household; and the demands placed on women by career and household.

A recent survey by the National Highway Traffic Safety Administration found that half as many women admitted to getting behind the wheel after having too much to drink -- 14 percent as compared to 27 percent of men. But, since women make up just 23 percent of those arrested for drunk driving nationwide, those statistics suggest that figure should be closer to 33 percent.

Women also more frequently face charges of child endangering or similar charges for driving while intoxicated with children in the vehicle. It can be particularly critical to consult with an experienced Massachusetts defense lawyer in fighting such charges, which can lead to the involvement of child welfare officials in your affairs.

Continue reading "Women facing Massachusetts OUI charges more frequently" »

According to an article in the Patriot Ledger, the number of women convicted of OUI in Massachusetts is on the rise.

The reason for the increased conviction rate of women could be that women are not hiring an experienced Massachusetts OUI lawyer. In some cases, field sobriety tests can be especially unfair to women. Field Sobriety tests that are given on the side of the road are one size fits all tests. The same balance and coordination tests are given to every individual without regard to physical differences in terms of strength, coordination, body type and age.

Women charged with drunk driving are sometime disadvantaged in taking these physical dexterity tests, by either having on high heel shoes, being dressed up and because women may feel increased nervousness and intimidation as a result of having to perform these tests on the side of the road, typically in front of a male officer. The National Highway Traffic Safety Administration recommends that individuals with more than a two inch heel should be allowed to take off their shoes. However, generally the alternative is to perform the tests bare foot. Police officers generally do not provide a second opportunity to take field sobriety tests at the police station where women can have a fair, flat and level surface. When this is taken into account, along with the fact that the tests are designed to make a motorist fail, it is vital to hire an experienced DUI lawyer in Massachusetts to challenge your drunk driving arrest.

Continue reading "Increased number of women charged with drunk driving in Massachusetts " »

A 58-year-old man was charged in connection with a drunk driving accident in Taunton after police say he crashed his Lincoln into a couple riding a motorcycle, according to the Taunton Daily Gazette.

Police say the defendant was not wearing any pants at the time of the accident, which occurred shortly after 7 p.m. at the intersection of Broadway and Monroe. The motorcycle rider said he and his female passenger were southbound on Broadway when a black Lincoln Town Car struck them while exiting a Broadway Sunoco.

Anyone charged with drunk driving should consult a Taunton OUI lawyer but those involved in an accident need to also be mindful of the potential civil liability. Motorcycle accidents frequently lead to very serious injuries, reported either at the scene or after the fact. Being convicted of drunk driving will significantly impact any civil case brought against you and could expose you to substantial civil liability.

The rider told police that his body and his passenger collided with the Lincoln but that he avoided being completely broadsided by turning in the same direction as the car, which was headed down Monroe Street.

When the Lincoln stopped, the driver, Herbert Shoemaker of 24 Monroe St., climbed out of the car wearing only underwear and reportedly got in the face of the rider. A shoving match ensued and the defendant reportedly fell to the ground and struck his head on the pavement.

Shoemaker was transferred to Morton Hospital and Medical Center and was placed under arrest for OUI. He refused to submit to a blood-alcohol test and was charged with operating under the influence of alcohol and negligent operation of a motor vehicle.

The motorcycle riders complained of sore left arms and elbows from coming into contact with the vehicle. The female rider also complained of head pain and had marks on her helmet consistent with impact.

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