Massachusetts DUI Attorney Blog

A petition for certiorari filed in the United States in the case of People v. Tolentino from the State of New York raises the issue of whether a motorist can have information relating to his identity suppressed as the fruit of an unlawful search and seizure. In the Tolentino case, the defendant was stopped for allegedly playing music too loud; when the police did a RMV check of the defendant's drivers license, a search revealed that he had a suspended license.

The trial judge agreed that the defendant was not properly stopped, but refused to suppress the evidence relating to his suspended drivers license, holding that identifying information cannot be suppressed as the fruit of the unlawful police activity.

As a Massachusetts DUI lawyer, this petition is of interest because the Fourth Amendment provides an a method for defending DUI charges. When the police violate a motorist's Constitutional rights, the court should exclude all evidence that is the fruit of the unlawful police conduct, that violates either a motorist right to be free of unreasonable searches and seizures or their 5th Amendment Miranda rights.

In the Tolentino case, the criminal defense lawyers argued that the identifying information learned from the unlawful police conduct should be suppressed so that there is a penalty to deter unlawful police conduct. Without the court excluding the unlawfully obtained evidence, there is no penalty for unlawful police conduct. The United States Supreme Court should grant certiorari in the Tolentino case.

Continue reading "Massachusetts DUI lawyers should consider filing motion to suppress unlawfully obtained information revealing identity of motorist " »

A Windsor Locks police officer has pleaded not guilt to manslaughter charges in the wake of a crash that claimed the life of a 15-year-old pedestrian, the Hartford Courant reported.

Our Massachusetts OUI defense lawyers frequently discuss the need for aggressive and experienced legal representation in cases where a drunk driving accident leads to serious injury or death. You defense must both fight the allegation that you were driving drunk and fight the accusation that you were responsible for causing the accident. Such charges are extremely serious and conviction typically results in long sentences behind bars. An experienced Massachusetts criminal defense attorney can have a dramatic impact on the outcome of your case. As we reported recently on our Massachusetts DUI Attorney Blog, former Yankee star Jim Leyritz was found not guilty of DUI manslaughter, which reduced his potential sentence from 15 years in prison to 6 months behind bars.

The arrest warrant indicated Officer Michael Koistinen had been drinking beer, tequila and whiskey for six hours before the crash and may have been traveling at 70 mph, twice the posted speed. He left court with his father, a police sergeant, without speaking.

His defense lawyer blamed poor visibility in the area and dismissed the relevance of whether he had been drinking. He indicated the accident was unavoidable and that the victim may have ran a red light while riding a bicycle at night.

Continue reading "Police officer charged with manslaughter after drunk driving alleged in death of teen pedestrian" »

A woman is facing charges of assault and battery on a police officer in Framingham after police say she attempted to shove a cop while being arrested for drunk driving, the MetroWest Daily News reported.

An experienced Framingham criminal defense lawyer may be able to get this charge reduced or dismissed. Often, such antics during arrest are charged as resisting arrest without violence or other less serious misdemeanors. Being charged with assaulting a police officer is quite serious and comes with the threat of substantial jail time. Sometimes, an intoxicated motorist will act inappropriately, due to intoxication. Certainly some common sense should be exercised on the part of law enforcement. In other cases, a defendant clearly disagrees with the overzealous approach or unfair treatment by police, and may be unfairly slapped with more serious charges.

In this case, police report that Susan P. Mathews, 50, kicked the cruiser divider and door all the way to the station. Police report she became upset when questioned by officers who were at a convenience store on another call. After looking for her identification for several minutes, she started walking away. She reportedly thrashed around when an officer grabbed her to make an arrest.

Not only does this case likely not rise to the level of assault on a police officer, an experienced attorney may even challenge the probable cause present for questioning the defendant in the first place. She was in a private parking lot and had broken no laws. Police were there on an entirely different matter. When an attorney is successful in arguing the absence of probable cause in a Massachusetts drunk driving arrest, a reduction or dismissal of the charges is usually the result.

She has pleaded not guilty in Framingham District Court and is due back in court on Jan. 5.

Continue reading "Probable cause, assault on a police officer charges, will likely be contested in Framingham OUI arrest" »

Former Yankee's star Jim Leyritz has been found not guilty of DUI manslaughter at the conclusion of his trial in Fort Lauderdale, the Sun-Sentinel reported.

Massachusetts drunk driving defense lawyers have been following this trial, which has made nationwide news and been featured on a number of television shows, including CourtTV. The stakes were high. As we reported recently on our Massachusetts DUI Attorney Blog, Leyritz faced up to 15 years in prison if convicted. It also illustrated the dangers inherent when prosecutors and law enforcement push serious charges, especially in cases where there is such clear question of guilt.

While the jury found Leyritz guilty of DUI, the maximum penalty is up to 6 months in jail. The Sun-Sentinel said the evidence is so sketchy, that a far lesser sentence would be the only appropriate option.

Trial testimony revealed gaping holes in the prosecution's case, including whether Leyritz even ran the red light that resulted in the December 2007 crash. The former Yankee's catcher was charged with killing a 30-year-old mother of two, who was on her way home from her job as a bartender.

This case also illustrates the importance of having a defense lawyer who will thoroughly investigate the cause of a drunk driving accident in Massachusetts. In this case, the defense argued that the victim was even drunker than Leyritz, that she was not wearing her seat belt and that she was sending and receiving phone calls and text messages in the moments before the 3 a.m. crash.

Continue reading "Former Yankee star Jim Leyritz found not guilty of DUI manslaughter" »

The News Telegram recently endorsed the ongoing push to toughen Massachusetts drunk driving laws.

With the holidays rapidly approaching, motorists should beware of the increasing number of law enforcement roadblocks and the additional emphasis placed on arresting alleged drunk drivers. When combined with the fact that lawmakers are continuously pushing to increase the penalties against drunk drivers, hiring a Massachusetts drunk driving defense lawyer is vital to protecting your rights.

A current proposal would make it tougher to avoid mandatory penalties for subsequent DUI offenses in cases involved multiple drunk driving charges. The proposal would also require ignition interlock devices for all OUI conviction and it would provide for longer jail sentences by prohibiting judges from ordering concurrent sentences -- sentences for multiple charges that are served at the same time.

First-time Massachusetts OUI offenders should aggressively defend their rights. First offenses are often beatable. And a first offense also frequently offers the best chance for a reduction of the charges. Massachusetts law already provides for a substantial increase in penalties for a subsequent offense -- thus, keeping a drunk driving conviction off your record is critical to protecting yourself in the future.

And, as this current push to toughen the laws illustrates, penalties for violations are likely to get more severe in the future.

Continue reading "Efforts to toughen Massachusetts OUI law make fighting drunk driving convictions critical" »

A 40-year-old woman is facing OUI charges in Fitchburg after police say she crashed her car into a house on Albee Street, the Telegram reported.

Police say Stephanie J. Rennex, of 65 Everett St., failed to appear at her arraignment in Fitchburg District Court and a warrant was issued for her arrest.

She is charged with driving under the influence of alcohol, second offense, driving recklessly, and a marked lanes violation in connection with the Massachusetts drunk driving accident

Consulting an experienced Worcester OUI lawyer is your best course of action in the wake of a drunk driving charge. Failure to appear in court can compound your legal issues. But, even then, consulting an attorney can get you back on track without suffering the type of legal consequences that can result if you wait until you are arrested again by police.

Authorities report that Rennex's 2004 Mitsubishi Endeavor was found embedded in the home about 30 yards off the roadway. She was not injured and told police she lost control when she was cut off by another vehicle while traveling northbound on Albee Street. Police report finding an open beer and several empty schnapps bottles in the vehicle. They also found marijuana and a marijuana pipe, according to court documents.

She reportedly asked police to give her a break after they told her she failed the field sobriety tests. She refused the breathalyzer examination.

Continue reading "Warrant issued after woman allegedly fails to show for court in Fitchburg OUI car accident case" »

Prosecutors in the Florida DUI manslaughter trial of former Yankee star Jim Leyritz were barred this week from using an illegally obtained blood test, the Associated Press reported.

Massachusetts OUI defense lawyers have been monitoring the trial, which is being followed by CourtTV and other national media. Leyritz faces up to 15 years in prison if convicted of the December 2007 drunk driving accident. He was returning home from his 44th birthday party when he allegedly ran a red light and smashed into a vehicle driven by a 30-year-old mother of two.

She had just gotten off work as a bartender, was even drunker than Leyritz, was not wearing her seat belt and was receiving telephone calls and text messages in the moments before the fatal crash. The judge has ruled most of that cannot be entered into evidence before the jury. But Leyritz's drunk driving defense lawyers have not been without their fare share of victories.

Leyritz refused a breath test and had a blood test drawn about three hours after the crash. That test showed a level of .14, above Florida's legal limit of .08 under Florida law. Investigators drew a second blood test, which is not authorized by state law, the results of which were thrown out.

It is the latest setback for prosecutors, who told jurors a passenger in Leyritz's vehicle would testify the former baseball player ran the red light in the moments before the accident. Instead, the passenger testified he remembered the vehicle entering the intersection on a yellow light.

Leyritz, 46, who reportedly has sought financial assistance from a baseball charity established to help former players in need, settled a wrongful death lawsuit earlier this year for the $250,000 policy limits of his auto insurance policy and $1,000 a month for 100 months. Mainly a catcher during his 11 seasons in the majors, he is best known for hitting a home run for the Yankees in the 1996 World Series.

Continue reading "Illegally obtained blood test thrown out of court in OUI manslaughter trial" »

A Massachusetts OUI charge was brought in Attleboro District Court against Kelly Maloney after police allege that the driver was in a one car accident. According to the news account in the Attleboro Sun Chronicle, it appears that the police found the motorist on the side of the road with her vehicle disabled, without any evidence of how the accident occurred.

At the police station, the motorist is alleged to have submitted to a breathalyzer test with a reading of .23. The news article suggests that the motorist is charged with a first offense and the court released the defendant without requiring her to post any cash bail. When a motorist submits to a breathalyzer test and the result is above .20, Massachusetts OUI law Chapter 90 Section 24Q requires the motorist to undergo an additional alcohol evaluation as part of the resolution of the case. This requirement would be made a condition of probation. Typically a motorist who admits to a First Offense Massachusetts OUI will be offered the 24D program and one year probation as part of a disposition referred to as a Continuance without a finding or CWOF.

In all DUI cases, a motorist should consult with an experienced Massachusetts OUI lawyer to ensure that the Commonwealth can prove its case against you. While breathalyzer evidence is present in many cases, the police do not always follow the proper procedure to allow the evidence to be admitted in court.

Continue reading "Massachusetts OUI charge brought in Attleboro District Court after car accident" »

A proposed DUI reform in Texas would create a new offense criminalizing drivers with blood alcohol readings of below .08, ranging from .07 to .05. The article states that a hard and fast rule of .08 does not account for the reality that some drivers are impaired even if the breathalyzer reading is below .08. Texas law legislatures urge adoption of a law penalizing drivers under .08 with a criminal offense known as impaired driving.

As a Massachusetts OUI lawyer, this article was of interest because many motorists do not realize that under current Massachusetts OUI law they still can be arrested if their blood alcohol reading is .07 or .06. In those cases, the Commonwealth relies on observation testimony to demonstrate that although you did not violate the per se prong of the OUI statute, that alcohol still impaired your ability to drive. Generally, these cases make for strong defense cases. I have successfully defended numerous case with breathalyzer reading of under .08 and have always been able to get a not guilty verdict at trial or a dismissal of the Massachusetts OUI charge.