Massachusetts DUI Attorney Blog

A snowmobile operator was recently cited for driving under the influence of alcohol after a collision in Wisconsin. While most of us immediately think of automobiles when we hear the terms "OUI" and "DUI," it's important to remember that Massachusetts' "operating under the influence" laws are broad and prohibit the public from operating almost any vehicle while intoxicated. Specifically, Massachusetts General Law (Chapter 90, Section 24) prohibits individuals from operating any "motor vehicle" while under the influence of liquor, marijuana, or other narcotics.

So what exactly is a "motor vehicle"? It may surprise you to find out that the simple term "motor vehicle" has a 240 word definition within the Massachusetts General Laws. Generally speaking, a motor vehicle is any vehicle that is designed to be propelled with motor power, rather than muscular power. The Massachusetts definition goes on to exclude certain vehicles, like trolleys, some motorized bikes, and motorized wheelchairs operated by invalids.

Under Massachusetts law, snowmobiles would probably be considered "motor vehicles," along with automobiles, motorcycles, motor boats, and golf carts. So, a simple story about a Wisconsin man charged with driving a snowmobile under the influence reminds us to enjoy all of our motorized vehicles safely this Winter.

Continue reading "Snowmobile Accident Highlights Broad Applicability of Massachusetts OUI Laws" »

The Federal Bureau of Investigation is reporting that the number of women arrested for drunk driving has increased by 36 percent in recent years.

An experienced Massachusetts OUI defense attorney will understand the unique challenges of representing a woman facing drunk driving charges. Such cases may also include child endangerment or other charges when it is alleged a mother was driving under the influence with her children in the car.

As NBC11 News reports, health and safety advocates point to a number of potential causes for the drastic increase, including the downturn in the economy and more pressure placed upon women as the primary breadwinner in the family.

Other possible contributing factors include everything from the reduction in the blood-alcohol limit to .08 -- which became the law in all 50 states in 2005 -- to pop-culture influences like the hard partying women on MTV's the Jersey Shore television show.

Mothers Against Drunk Driving is among the organizations pointing to the cost of a DUI charge, which can be $10,000 or more. Conviction for a first-offense drunk driving charge in Massachusetts will result in increased insurance premiums, probation, alcohol education and the potential for more severe consequences in the event of a subsequent offense.

You may also have your license suspended for one year and face up to 2.5 years in jail. More typically, you will receive a 45-day license suspension. Probation for one year is also the norm. Unfortunately, too many defendants do not take the consequences of violating probation seriously enough. It's worth noting that all of Lindsey Lohan's legal problems stem from probation violations in the wake of a 2007 drunk driving conviction.

In still other cases, a conviction for drunk driving and or child endangerment can trigger a child welfare investigation. Dealing with child welfare officials can be a complex and intrusive process and too many families find it all but impossible to free themselves of the involvement of the Department of Children and Families once such an investigation is under way.

We believe your best defense to all such charges is an aggressive offense. And we encourage you to contact our office today for a free and confidential consultation to discuss your rights.

Continue reading "More women facing drunk driving charges in Massachusetts, elsewhere" »

Prosecutors recently arraigned a man from Methuan, Massachusetts for his 14th arrest related to driving under the influence of alcohol. The man's previous arrests originated from incidents in Maine, New Hampshire, and Massachusetts.

After the man allegedly hit a mailbox near his home, an officer spotted the suspect slumped over the steering wheel. The man first denied having anything to drink before driving, but later admitted to having three drinks between 8 and 10 PM that night. Unfortunately, it was only 8:13 PM when the suspect made that statement. Later, the man allegedly failed a field sobriety test and blew a 0.10 on a breathalyzer blood alcohol content test.

According to the North Andover Eagle Tribune, the man was charged with driving under the influence of alcohol (fifth or subsequent offense), driving after revocation of his license (subsequent offense), driving after suspension of his license for driving under the influence of alcohol, driving under the influence of alcohol while his license was suspended for driving while under the influence of alcohol, leaving the scene of a property damage accident, and a marked lanes violation.

This story is a good reminder about the sheer multitude of charges available to district attorneys who prosecute repeat OUI offenders. Each subsequent OUI related charge carries a potentially heightened sentence. After multiple OUI arrests, one can expect to face more than just a simple "driving under the influence of alcohol" charge. Instead, even when a prosecutor can only challenge a third offense, the presence of other OUI arrests on a criminal record will impact any sentencing or recommendation regarding a proposed disposition.

Continue reading "Methuean Man Faces repeat Massachusetts DUI charge after 14th arrest " »

A Massachusetts DUI charge was brought against Eric Raposo, after the Brookline police claim that he was weaving between the lanes, justifying the initial traffic stop. In some cases a good Massachusetts OUI lawyer can show a judge or jury that what the officer calls weaving between the lanes is nothing but an ordinary lane change or at time aggressive driving that does not demonstrate someone is under the influence of alcohol.

The news account indicates that the police ask Raposo what level of education he completed prior to having him perform the field sobriety tests. This is very typical questioning and generally helps the motorist because it shows that the motorist understood the officers questions and gave an appropriate response. Additionally, there will be many places within the police report where there is additional questioning of a motorist. The booking information provided by the motorist is another opportunity for a Massachusetts OUI lawyer to show that the motorist was alert, responsive and capable of normal conversation that the officer understood. These details that the officer obtains from the motorist will contradict the officers claim, inevitable in almost all police reports, that the motorist had slurred speech.

The Brookline DUI arrest` also raises a potential issue as to whether the search of the car was lawful. During the search of the car, the police found marijuana, an open container of alcohol and an ID that allegedly did not belong to the driver. Under the recent United States Supreme Court case of Arizona v. Gant, 556 U.S. ___ (2009), the police do not have an automatic right to search a vehicle as a search incident to arrest. When the police search a home or a car without a warrant, there is a presumption that the search is unreasonable unless some exception to the warrant requirement justifies the search. In this case, the warrant exception that would apply would be the inventory search exception, which requires the police department to present proof that the department had a policy and the search was conducted pursuant to that policy.

Continue reading "Search of the vehicle may be at issue in recent Massachusetts OUI arrest brought in the Brookline District Court" »

One issue that frequently arises for Brockton OUI lawyers is the extent to which statements of a motorist made at the scene or during booking can be excluded from evidence at trial.

A DUI case recently in the news in Louisville, Kentucky addresses the issue. In the case of Angela Baumia, she is charged with DUI death resulting to an eleven year old boy riding a bicycle. Her DUI lawyer is trying to have the court exclude statements that she made to the police from evidence as well as the results of three blood tests.

While the news report is unclear, it is likely that the defendant is arguing that the statements should be suppressed based on the police not advising Ms. Baumia of her Miranda rights. Miranda rights have to be given when a suspect in a crime is in custody and subject to custodial interrogation. To determine whether the police violated a motorist rights under Miranda, a Brockton DUI lawyer will set the case down for a motion to suppress hearing. At this hearing the officer will testify to statements that you made as well as the circumstances surrounding the arrest and the time of the reading of any Miranda warnings. Typically, police departments attempt to document reading rights by having a motorist sign a rights form. Even if this hearing is unsuccessful, many times it can result in the discovery of valuable information that can be used at trial.

In the Baumia case, the DUI lawyer is also contesting the admissibility of the blood test results taken at the hospital. The admissibility of hospital blood test results can be challenged in many different ways. In many Massachusetts DUI cases, the Commonwealth will not call to testify the correct hospital personnel that performed the blood test. When this occurs, the defendant is being denied the right of confrontation guaranteed by the Sixth Amendment. It is important to hire an experienced DUI lawyer when faced with a case dependent on blood test results.

As a Massachusetts OUI lawyer, the arrest of Jamie Presley for drunk driving raises some points I would like to share with those charged with a DUI for the first time. According to a news account, Presley was arrested in Santa Monica, California. Presley was stopped for an alleged traffic infraction. The news accounts do not have many details of the arrest; however, the Today's Show website has a copy of Presleys' booking photograph.

A good Massachusetts OUI lawyer can use a booking photograph to undermine the officer's opinion that you were under the influence of alcohol and that your eyes appeared bloodshot and glassy. Typically, the district attorney will provide only a black and white copy of the booking photograph. To obtain a color copy I instruct the prosecutor to have the officer email me a copy of the photograph at which time I can print out a color version of the booking photograph.

In Presley's case, I would expect that the police report of her arrest states that her eyes appeared extremely bloodshot and glassy. The booking photograph, while showing her to be angry, does not show that her eyes were bloodshot and glassy.

I had a Fourth Offense Massachusetts DUI jury trial where my client's booking photograph was used throughout the trial. I showed the jury the photograph both during opening and closing statement and argued to the jury that the one piece of objective evidence contradicting the officer's opinion. I used the booking photograph to show that the officer overstated his opinion that my client appeared drunk and used this to argue that his opinion could not be trusted. I expect that Presley's DUI lawyer will use this booking photograph during the trial to help attain a not guilty verdict on the DUI charge. In my opinion, a booking photograph can be powerful evidence as it gives the jury a reason to return a verdict of not guilty.

Continue reading "Massachusetts OUI lawyer comments on DUI arrest of Jamie Presley" »

A 42-year-old Massachusetts man is facing vehicular homicide and OUI charges in Fall River for a New Year's accident that claimed the life of his passenger, The Herald News reported.

Police say Stephen Homol, 42, of Swansea, was driving a 2000 Infiniti on Reed Street shortly before 1 a.m. New Year's Day when he drove off the road and about 45 feet into the woods. Police spoke with Homol upon arriving on scene and called the emergency medical personnel to the scene to treat his 42-year-old passenger, who was conscious but was believed to have suffered a broken leg.

However, the passenger's condition began to deteriorate as emergency crews worked to extricate him from the vehicle. He was taken to Rhode Island Hospital, where he was pronounced dead.

Homol is charged with operating under the influence of liquor, motor vehicle homicide, negligent operation of a motor vehicle and leaving his lane of travel. Police reportedly smelled alcohol and say the defendant appeared unsteady on his feet. He allegedly told police he had been drinking in celebration of the New Year.

Under Massachusetts Law (Chapter 90 Section 24G) vehicular homicide is punishable by up to 15 years in prison if the case is brought to the superior court.

He was freed on $25,000 cash bail and ordered to refrain from drinking, report to a probation officer and submit to random drug and alcohol testing. The case is set for pre-trial hearing on Feb. 15.

Continue reading "Massachusetts vehicular homicide charge filed after alleged OUI accident in Fall River" »

DUI Roadblocks set up by police in Massachusetts and throughout the country are not shown to effectively deter drunk driving. At a recent motion hearing challenging the legality of a roadblock, the officer in charge of the roadblock acknowledged to me that he believes putting more officers on the street is a better way to prevent drunk driving than a roadblock or sobriety checkpoint.

Sarah Longwell of the News-Reader in Springfield, Missouri recently wrote an article addressing whether roadblocks effectively deter drunk driving. Longwell's study found that
States that conduct DUI roadblocks do not have a lower rate of DUI fatalities than States that do not permit roadblocks under their State Constitution. Longwell comments that checkpoints have operated all night without making a DUI arrest and concludes that pressure from interest groups like Mothers Against Drunk Driving will ensure that sobriety checkpoints continue.

Drunk Driving statistics in Massachusetts are consistent with Longwell's findings. In a roadblock case I recently challenged, the data presented by the police in support of the roadblock failed show that it was effective. One method to challenge a Massachusetts OUI arrest at a roadblock is to demonstrate that the area where the roadblock was set up did not have a high rate of accidents or DUI arrests.

Continue reading "DUI Roadblocks in Massachusetts and throughout the country are not effective in preventing drunk driving according to recent study" »