Massachusetts DUI Attorney Blog

A Rhode Island lawmaker has been charged with driving under the influence and possession of marijuana and drug paraphernalia after being stopped at a DUI checkpoint in Connecticut, Channel 12 News reported.

A Massachusetts criminal defense lawyer has more ground upon which to challenge charges that result from a car stop at a sobriety checkpoint. These stops infringe upon your Fourth Amendment rights to be free from unreasonable search and seizure.

Massachusetts sobriety checkpoints and law enforcement roadblocks in Connecticut are permitted under state law, though law enforcement must obey strict rules regarding the checkpoint's operation to ensure everyone is treated equally. The training of officers involved, the probable cause to request that you submit to field sobriety testing or a breathalyzer examination and the probable cause for any search of your vehicle or person are all issues a defense attorney may challenge in defending a client charged as a result of a DUI checkpoint.

Roadblocks in Rhode Island have been deemed unconstitutional and are not permitted under the state constitution.

House Minority Leader Robert Watson, R-East Greenwich-West Greenwich, was among those arrested Friday at a checkpoint in East Haven Connecticut. NBC 10 News reports Watson is expected to keep his leadership position despite the arrest after Republican House members voted unanimously to support him.

Watson denied failing the field sobriety tests and stated that he wished there were cameras. In many cases, a driver charged with DUI in Massachusetts will dispute the version of the police contained in the police report. Many motorists are upset when reading the police which often is inaccurate, exaggerates what occurred and distorts innocent activity to justify the arrest. According to the police report, the officer observed only three clues on the nine step walk and turn out of a total of eight clues. While the officer concluded Watson failed, his DUI lawyer will be able to use this test to show that he had normal balance, coordination and mental ability given the substantial number of things he did correct in performing the test.

The Providence Journal reported Watson was flagged over while driving his Ford Ranger. Police report that he smelled of alcohol and marijuana. A bag of suspected marijuana and a wood pipe were found upon a search of the vehicle.

A test of his blood-alcohol level at the station was .05, below the legal limit of .08. However, the presence of marijuana could complicate the case as prosecutors could argue he was driving under the influence of drugs as well as alcohol.

In Massachusetts, there is a presumption that a driver is not under the influence if a breathalyzer reading is .05 or below. If the breathalyzer reading is .06 or .07, the Commonwealth may still charge a motorist with DUI and will proceed under an impairment theory. Most cases of under .06 and .07 result in not guilty verdicts after a bench trial. However, when there is allegations of driving under the influence of drugs, the Commonwealth may charge OUI drugs in the alternative.

Continue reading "Rhode Island Legislator Charged with Drunk Driving, Possession of Marijuana, at Sobriety Checkpoint" »

A 46-year-old woman is facing drunk driving charges in Quincy after authorities say she crashed into a police cruiser and seriously injured a state trooper on I-93, according to the Boston Globe.

These are very serious cases and an OUI defense lawyer in Quincy should be contacted as soon as possible after the accident. Last summer, Massachusetts State Police began increased enforcement after a trooper was killed. At least 20 troopers have been injured in each of the last two years as a result of accidents with alleged drunk drivers.

We certainly hope the trooper in this case makes a complete recovery. And, of course, we appreciate the men and women of the highway patrol who work to keep our roads safe and to assist motorists in the event of an emergency. But the truth of the matter is that motorists rarely are given the benefit of the doubt in an accident with a law enforcement officer. And a stopped emergency vehicle can back up traffic, cause distractions and increase the risk of an accident. Those two factors go a long way toward explaining why dozens of motorists are facing Massachusetts OUI charges in connection with traffic crashes involving troopers.

The accused motorist in this case, Leslie K. Minasian, of East Bridgewater, walked out of Quincy District Court after posting $6,500 bail. It is her second-offense Massachusetts OUI. The media reports her license was suspended in 1988 after she refused a breath test.

Exit 5 in Randolph was where the accident occurred. Police say the left lane was closed and the 41-year-old trooper was working a construction detail when the defendant rear-ended his cruiser with a Land Rover at about 2:30 a.m.

She was charged with operating under the influence of liquor, second offense; operating under the influence of liquor causing serious injury; negligent operation of a motor vehicle; failure to change lanes for an emergency vehicle; and a marked lanes violation.

Continue reading "Woman charged with OUI in Quincy after Striking Trooper's Cruiser" »

As a Massachusetts DUI attorney, the inaccurate breath testing system discovered last year in Washington DC is of interest because it underscores that breathalyzer test results, can be inaccurate and breath test cases can be won in court. Last year it was reported that the old breathalyzer testing equipment in Washington DC was inaccurate, resulting in many drunk driving conviction being based on inaccurate test results.

The District of Columbia has resorted to using urine testing as the breathalyzer testing system has not been replaced as the District could not determine who will run testing program.

Under Massachusetts drunk driving law, the Office of Alcohol Testing is responsible for maintaining and testing breathalyzer devices throughout the Commonwealth of Massachusetts. Problems with accurate breathalyzer test results in Washington DC and Philadelphia underscore the need to hire an experienced Massachusetts DUI lawyer to defend your case even if you failed a breathalyzer test result. Click here to read about inaccurate test results in Philadelphia.

Continue reading "Inaccurate Breathalyzer machines still not fixed in Washington DC" »

A First Offense Massachusetts DUI charge, if proven by the Commonwealth typically results in a motorist receiving one year probation with the requirement that the motorist complete the 24D Alcohol Education Program. Baltimore Ravens Linebacker Coach, Andy Moeller, received a common disposition on his first offense DUI charge that occurred in Maryland. The district court judge placed him on two years of supervised probation with the requirement of Alcohol Counseling.

The probationary period for a Massachusetts DUI is typically one year. If a first offense Massachusetts OUI is resolved by a plea, in most cases a motorist will receive what is referred to as a CWOF or continuance without a finding. While a CWOF is technically not a conviction, the Registry of Motor Vehicles treats a CWOF the same way as if you were found guilty after trial.

Many charged with a First Offense OUI in Massachusetts will elect a trial as the dispositions before and after trial are very similar. Most judges will not penalize a defendant for exercising their Constitutional Rights to a trial on a first offense.

Continue reading "Common First Offense Massachusetts Drunk Driving Court Results " »

Massachusetts drunk driving trials sometimes turn on what evidence the judges permits to come into evidence at trial. In a case where a motorist submit to a breathalyzer test, a major issue in the case is the admissibility of the test results. At a Massachusetts DUI trial, the judge should conduct an evidentiary hearing prior to trial, either on the day of trial or at a hearing prior to trial, depending on the preference of the court, to determine the admissibility of the breathalyzer test results.

In the case of Commonwealth v. Lopes, decided March 29, 2011, the court allowed the breathalyzer test results into evidence, but committed error of law by allowing the Section 5A rights form, stating that the defendant had the right to an independent medical test. The SJC held that the part of the form containing the defendant's right to independent testing should have been redacted as it was irrelevant to the issue of the reliability of the breathalyzer test results.

The Massachusetts DUI lawyer properly objected to the admissibility of the advisement of this right on the grounds that the jury may infer that the defendant did not seek further testing because he thought the results were accurate. The court found the admissibility of this right to independent testing to be harmless in the case, but did hold that it was not properly admitted into evidence.

Under Massachusetts DUI law, there is no obligation to take field sobriety tests. The reason is that the highest court in Massachusetts has ruled that a motorist who refuses field sobriety tests is invoking their privilege against self-incrimination under the State Constitution, Article 12 of the Declaration of Rights. The SJC cased of Commonwealth v. McGrail, 419 Mass. 774 (1995), ruled that refusal to perform field sobriety tests was inadmissible. The SJC held that a refusal to take field sobriety tests is the equivalent of a statement that the motorist had too much alcohol. Accordingly, under DUI law in Massachusetts, a refusal to take field sobriety tests is inadmissible just as a refusal to take a breathalyzer test is also inadmissible.

A recent case readdressed this issue in a different context in the case of Commonwealth v. Beaulieu, decided, March 18, 2011. In this case, the Massachusetts OUI attorney, attempted to prove that the officer did not perform a complete investigation by refusing to offer field sobriety tests. The court held that the defendant opened the door to this testimony and accordingly it was admissible, based on the questioning of the defense counsel. While it is difficult to know the complete details of the case from the opinion, it appears that the defense strategy was appropriate in the case. In some cases, a motorist may refuse one field sobriety test while in others all testing will be refused. However, any refusal to perform field sobriety tests is inadmissible as long as the defense strategy does not open the door.

Continue reading "Foxborough, Massachusetts DUI lawyer discusses right to refuse field sobriety tests " »

A 55-year-old man has been ruled a danger to the public and ordered held without jail after a judge reviewed his history of six drunk driving convictions in two states, the Sun Chronicle reported.

Brian M. Hand, of Eaton Center, New Hampshire, was arrested just after midnight Monday on I-95 South in Attleboro; police were responding to call about an erratic driver, according to testimony in Attleboro District Court.

A trooper with the Massachusetts State Police reported finding Hand with an open container.

Authorities initially thought Hand's last drunk driving arrest was in 1986. However, the assistant district attorney's office presented evidence of convictions in New Hampshire in 2005 and 2008, as well as four convictions in Massachusetts since 1976. The judge found him a danger to society and ordered him held without bail.

Continue reading "Man held without bail - faces fifth-offense Massachusetts drunk driving charge " »

Over the objection of prosecutors, bail was lowered for a 29-year-old Marine accused of causing a Framingham drunk driving crash that claimed the life of a MassDOT worker last year, the Metrowest Daily News reported.

Jeremy Gardner, of Bridgton, faces a charge of motor vehicle homicide. Under Massachusetts law (Chapter 90 Sec. 24G) motor vehicle homicide is punishable by up to 15 years behind bars. A Framingham OUI defense lawyer must thoroughly defend a client against both the allegation that he was driving drunk and the accusation that he caused the accident. In order to prove motor vehicle homicide, prosecutors must prove that a defendant was driving recklessly or negligently and under the influence of alcohol or drugs.

The judge in this case reduced Gardner's bail to $25,000 -- prosecutors had requested that it remain at $100,000. He is accused of hitting and killing Gregory Vilidnitsky, 57, of Framingham, with his pickup. The victim was working as part of a night paving crew on Route 9 near the commuter lot and Crossing Boulevard.

Authorities accuse him of continuing after striking the victim, before slamming into a tanker truck parked in the work zone. They also say he tried to run away but was stopped by highway workers.

If released, he will be on house arrest and must wear a monitoring bracelet. He will also be subjected to random drug and alcohol testing. In addition to motor vehicle homicide he is charged with leaving the scene of an accident causing death, leaving the scene of an accident causing property damage and driving under the influence of alcohol.

He contends a passenger was driving at the time of the accident.

Continue reading "Bail lowered for defendant charged with Framingham OUI accident that killed MassDOT worker" »

A Holbrook man is facing a second-offense Massachusetts OUI charge and a charge of assaulting a police officer in Abington, according to a report in the Patriot Ledger.

Hiring an experienced Brockton DUI defense attorney is critical whenever a defendant is facing allegations of drunk driving. But a second-offense makes it particularly important. The penalties for a second offense are more serious. Keeping a second offense off your record whenever possible is also critical because of the 8-year license suspension in the event of a third offense.

In this case, police also slapped the defendant with a charge of resisting arrest and assault and battery on a police officer because he apparently lashed out when police woke him up after reportedly finding him asleep behind the wheel of his car.

Patrick Magee-Bertoni, 21, will be back in Brockton District Court for a pretrial hearing May 19 -- his 22nd birthday.

Police report responding to a large fight on North Quincy Street shortly after 3 a.m. Sunday.That's when they say they found the defendant behind the wheel of a brown 1995 Nissan Maxima, which was allegedly in drive and resting against the bumper of a box truck. He had abrasions on his face and told police he had been assaulted.

Police say he swung at them as they tried to pull him out of his car. He was ultimately subdued, pepper-sprayed and taken to the Abington police station. They say he was in possession of an ounce of marijuana and was issued a $100 citation.

Continue reading "Holbrook man faces Brockton DUI charge, assault on a police officer, possession of marijuana in Brockton" »