The Massachusetts Appeals Court in the case of Commonwealth v. Addy, decided on July 26, 2011 addressed the issue of whether expert accident reconstruction testimonial was properly admitted in a charge of DUI Motor vehicle Homicide.
The Massachusetts drunk driving lawyer in the case argued that the court should exclude the accident reconstruction testimonial of the Commonwealth. The case involved the following circumstances.
The defendant Matthew Addy was alleged to have struck a motorcycle operate while being under the influence of alcohol. At a motion to exclude the expert's testimony of the Commonwealth's accident reconstructionist, a police officer, the officer testified that he was dispatched to an accident shortly after it occurred. He observed the defendant's vehicle and the decedents motorcycle in the soutbound lane of travel. The decedent was rejected from the motorcycle and struck the windshield of the defendant's car. The trooper conducting the accident reconstruction observed gouge marks, scratches and scuff marks on the southbound lane. The trooper took photographs and spoke to a witness that indicated that the defendant traveled over the center line prior to the collision. The accident reconstruction reported stated that the accident was caused by the defendant's failure to stay within the mark lanes.
The Massachusetts DUI lawyer argued that the testimony of the accident reconstruction expert should be excluded from evidence because the expert did not utilize scientific method, analysis or mathematical calculations. Typically, in a Massachusetts DUI homicide case, an expert will make mathematical calculations to provide an expert opinion on the speed of the vehicles involved in the accident.
The Appeals Court held that the trial judge did not error in admitting the expert's testimony and further rejected the argument that the judge committed error in not holding a Daubert-Lanigan hearing to determine whether the expert should be allowed to testify prior to trial.
In Massachusetts DUI homicide cases or negligent homicide charges, challenging expert testimony and presenting an opposing expert viewpoint regarding the cause of an accident is often critical in defending these cases. These cases require that you hire an experienced lawyer immediate to begin investigating the case and framing your defense. In some cases, a clerk magistrate hearing will be held prior to the issuance of the complaint, providing an opportunity to avoid having a criminal charge filed. These hearings are usually scheduled within three to four weeks of the date of the incident so it is important to prepare a defense immediately.
