A second Offense Massachusetts drunk driving charge was brought against a Hingham man, according to a news report in the Patriot Ledger. The news report indicates that the defendant did not stop at the scene of the crash but within the area of the crash as he was found near the accident scene. The motorist was charged with leaving the scene of property damage.
Leaving the scene of property damage, is a common charge that sometimes accompanies a Massachusetts OUI charge when a defendant is not at the scene of an accident. However, in some cases, as in the Patriot Ledger news report, the charge is brought even though a motorist is within the vicinity of the accident. Depending on the circumstances of the accident and the road conditions, the charge could be defended on the grounds that there was no intent to leave the scene, especially when police easily locate a defendant around the accident scene.
The news account also indicates that the motorist claimed he should not have been driving and refused field sobriety tests. While the refusal to take field sobriety tests is inadmissible at the time of trial under the Massachusetts Constitution, the statement that the motorist should not have been driving could be admissible. A Massachusetts DUI lawyer defending this case could file a motion to exclude this statement from evidence. A motion to suppress statements can be filed to exclude incriminating statements; these motions are heard prior to trial and allow an attorney to determine prior to trial the strength of the Commonwealth's case.
