Recently in breathalyzer refusal Category

December 29, 2009

Quincy, Massachusetts man charged with motor vehicle homicide after hit and run accident

A 61-year-old Quincy man will face serious criminal charges in connection with a fatal Christmas Eve hit-and-run incident, the Patriot Ledger reported.

Anyone charged with a criminal driving offense, particularly those involving fatalities or aggravating circumstances such as criminal hit-and-run charges in Massachusetts or Massachusetts DUI charges, should consult an experienced Quincy defense attorney to help fight for their rights.

In this case, the retired Quincy fire department lieutenant has been issued citations by Quincy police charging him with motor vehicle homicide due to negligent operation, leaving the scene of an accident causing death and negligent operation of a motor vehicle, according to the Patriot Ledger.

The charges are in connection with a crash that left a Milton man dead in a snowbank on Robertson Street in West Quincy, where he was found Thursday morning. Quincy police reported that the man was apparently walking in the street when he was hit and thrown onto the sidewalk.

Police responding to several calls from neighbors found the body about 7:15 a.m. Thursday. Fatal accident units from the Quincy Police Department and the Norfolk County district attorney's office responded.

Evidence at the crime scene turned up debris from either a pickup or an SUV, according to the Patriot Ledger.

The crash was one of at least three hit-and-run accidents in Massachusetts last week. Shortly before midnight Christmas Eve a man was hit and killed in Methuen. The accused driver in that case was also arrested.

On Monday, a woman was hit by a showplow on Route 58 in Plympton. The driver fled but a Halifax man told police early Wednesday that he was behind the wheel of the snowplow.

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December 14, 2009

Is it a crime to refuse a breathalyzer in Massachusetts

Refusing a breathalyzer is not a crime in Massachusetts. It will result in a license suspension by the Massachusetts Registry of Motor Vehicles, but it is not a criminal offense. The license suspension for a breathalyzer refusal can be substantial depending upon whether you are over or under 21 and on the number of prior DUI convictions you have for operating under the influence of alcohol. A license suspension for refusing a breathalyzer requires a motorist to hire an experienced Massachusetts DUI lawyer. A motorist only has 15 days from the date of the arrest to appeal any suspension for refusing a breathalyzer.

In some states, a refusal to submit to a breathalyzer is a crime. Under federal law, a refusal to take a breathalyzer is a crime and recently the Governor of Missouri submitted a bill to make the failure to take a breathalyzer a criminal offense.

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