Massachusetts DUI Attorney Blog

A Boston man, Scott Rybert entered a not guilty plea to a Massachusetts OUI charge in Framingham District Court according to the Metro West Daily News. Rybert was released without having to post bail on his promise to reappear in court.

The news account indicates that Rybert ran a stop sign and caused a head on collision. It appears that Rybert told the police that he came to a rolling stop. The apparent seriousness of the accident will make Rybert's case more difficult to defend. A Massachusetts DUI lawyer will want to frame the cause of the accident as ordinary negligence that was not caused by the effect of alcohol but simple careless driving. One issue that will be important to investigate is roadway where the accident occurred to determine if on that roadway it is common for individuals to fail to stop completely.

Defending a DUI involving an accident requires a OUI lawyer to point out the defendant's coherence, coordination and mental ability to show that the accident was simply caused by inattention and negligence in driving rather than the effects of alcohol that impaired the driver's ability to operate safely.

Continue reading "Boston man pleads not guilty in Framingham District Court to Massachusetts OUI charge" »

A city police lieutenant is facing drunk driving charges in Brockton after his car rear-ended another vehicle while he was off-duty over the weekend, according to the Brockton Enterprise.

The 48-year-old police officer will appear in Brockton District Court on the Massachusetts OUI charge.The officer was also cited for following too closely, Police Chief William Conlon said.

The chief said the accident occurred Saturday near Court and Cary streets, where the officer was driving his personal vehicle and was off duty. The officer was not arrested at the scene because he was taken to the hospital for treatment of a head injury after the airbag deployed.

The other driver was not injured, according to police.

"It is a serious occurrence," the chief told the Enterprise, adding that the officer could be disciplined internally at the conclusion of the investigation. "Incidents such as this are unacceptable."

Continue reading "Police officer faces Massachusetts drunk driving charge in Brockton District Court " »

A 25-year-old North Attleboro woman is appealing her conviction after being sentenced to jail earlier this month for Massachusetts vehicular homicide charges, The Sun-Chronicle reported.

A Quincy OUI defense lawyer, or a Boston criminal defense attorney experienced in representing people facing criminal charges as a result of a Massachusetts OUI car accident, should be called to defend anyone facing serious traffic or felony charges in the Boston area.

In this case, the defendant was found innocent of Massachusetts drunk driving charges and possession of marijuana. Her Quincy defense lawyer filed a Massachusetts notice of intent to appeal the conviction, after arguing at trial in Taunton District Court that the woman was not speeding or driving recklessly when she struck pedestrians on a darkened portion of the highway where there was no crosswalk.

The Aug. 8, 2004 car accident on Route 1 near Stop & Shop resulted in the death of two pedestrians, including a pregnant woman and her unborn child.

The defendant is serving a three-month jail sentence after her Jan. 12 conviction on the three charges of motor vehicle homicide. She was also sentenced to three-months home confinement. The balance of her 2 1/2 year jail term was suspended.

Continue reading "Massachusetts vehicular homicide conviction on appeal after not-guilty verdict on alcohol and drug charges " »

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.

Continue reading "Quincy, Massachusetts man charged with motor vehicle homicide after hit and run accident" »

A Fall River, Massachusetts police officer, Kevin Dolan, was charged with a Massachusetts DUI after being involved in a rear end car accident. According to the news account, Dolan was arrested after the police officer made observations about his sobriety. The news report does not indicate what those observations were.

The Herald News report indicates that the accident was a rear end accident caused by Dolan. Assuming this is the case, the nature of the accident does not appear to support an inference of drunk driving. Rear end accidents are fairly typical and at an OUI trial, a police officer would acknowledge that most rear end accidents have little to do with alcohol consumption. In contrast, a one car accident or an accident that reveals serious driver error like going on the wrong side of the road or lack of control of the car, would raise a strong inference of OUI. In this case, if there is no other strong evidence of impairment, like statements by the officer, failure of field sobriety tests or other observations of the officer, the motorist may have a promising case for trial in the Fall River Court. Cases involving solely evidence of accident without other significant evidence of lack of balance, self control and mental ability by the motorist, present difficult cases for the Commonwealth to prove beyond a reasonable doubt before a jury.

Continue reading "Massachusetts OUI charge for Fall River police officer " »

A Taunton, Massachusetts driver, William Miller was charged with a Massachusetts OUI after striking a curb and hitting a utility pole. Miller submitted to a breathalyzer and registered a reading of .13.

A Massachusetts DUI lawyer defending Miller will have to attempt to have the breathalyzer evidence excluded from evidence, by reviewing the breathalyzer documents, potentially consulting with an expert and having a hearing prior to trial to exclude the breathalyzer test results from evidence.

The News report does not state whether or not field sobriety tests were given at the scene. If the arrest was based solely on the accident, and the breathalyzer evidence is deemed inadmissible, a DUI lawyer may try to offer an explanation for the accident and argue that the police did not have sufficient evidence to prove that the motorist was impaired beyond a reasonable doubt.

A Hingham, Massachusetts, motorist, Hayley Damp, faces a Massachusetts OUI charge after causing a six car accident. According to the news accounts, after causing the accident Damp kept her foot on the gas pedal.

While on the surface the case appears challenging to defend, it interesting aspect of the case may be the basis that the police had to search the soft sided cooler. Under a recent case decided by the United States Supreme Court, Arizona v. Gant, police officers are not permitted to search the interior of a car incident to arrest unless some narrow exceptions are satisfied. These exceptions are officer safety and evidence preservation. Officers could still search the vehicle but that search must be conducted pursuant to an inventory policy maintained by the police department.

Continue reading "Hingham woman faces Massachusetts OUI charge after six car accident" »

Jim Leyritz has denied responsibility in a DUI accident that caused the death of a Fort Lauderdale woman two days prior to Christmas. An interesting aspect of the case is that Leyritz had a reported blood alcohol limit of .14 while the victim is report to have had a .18 blood alcohol limit. Leyrtiz is blaming the victim.

As any Massachusetts OUI lawyer would advise their client in a DUI involving an accident or in any criminal case, a defendant charged with a crime should never discuss the facts of the case. Any statements can be used against the defendant. Additionally, in Leyritz's case, his statements are likely to haunt him should be be convicted at the time of sentencing.

A sixty year old women, Suzanne Labonte was arrested for a Massachusetts OUI with a breathalyzer reading of .08. A reading of .08 is generally a very defensible case because of the margin of error of the breathalyzer machine. The breathalyzer has a margin of error of at least .01 and a strong argument can be made for a further margin of error of .015. With a reading just at the legal limit, the margin of error would push the actual reading below .08 on the per se portion of the OUI offense.

Labonte's case presents a challenge for a DUI lawyer because according to news accounts she struck a utility poll and continued to drive with a flat tire. What happened in this accident will be an important issue as to whether she grazed the poll or struck it squarely and continued to drive anyway. A DUI lawyer will have to minimize if possible the driving in this case to refocus the defense toward the margin of error in the breathalyzer and other potentially favorable evidence, such as demeanor, ability to respond to questions and performance on any field sobriety tests.

Continue reading "OUI arrest in Attleboro, Massachusetts with .08 breathalyzer reading" »

In many Massachusetts OUI cases involving an automobile accident, field sobriety tests will not be administered either because the motorist refuses to take the tests, is not offered the tests because the officer realizes they cannot be fairly administered under the circumstances or because an injury or medical conditions makes administering these tests impractical.

Many Massachusetts OUI arrests involving accidents involve these circumstances where the only evidence possessed by the Commonwealth is the fact of an accident, where the police officer does not witness the accident and the only evidence consists of observations and an odor of alcohol.

In a case from the State of Illinois, State v. Boomer, 757 N.E. 2d 960, a judge found that the officer lacked probable cause to arrest a motorist for DUI based on the fact that an accident occurred, an admission to drinking and an odor of alcohol. The court suggested that the Government needed evidence regarding, appearance, demeanor and behavior to establish probable cause to arrest for DUI, beyond an odor of alcohol to establish a lawful arrest.

Continue reading "Massachusetts OUI arrest with accident and odor of alcohol. " »

A Plymouth, Massachusetts man was involved in an accident after allegedly driving drunk and sending five individuals to the hospital with injuries. Charges were brought against Jason Martitz for OUI and leaving the scene of an accident along with other charges.

According to news accounts, one of the victims was seriously injured. If the news accounts are accurate, the defendant could face a charge of OUI causing serious bodily injury as a prosecutor has the ability to amend a criminal charge prior to trial or a disposition with permission of the court.

Under Massachusetts General Laws, Section 24L, if a defendant is convicted of OUI with serious bodily injury, the defendant faces a maximum penalty of 2.5 years in the house of correction and a minimum mandatory house of correction sentence of six months if the case remains in the district court. The statute defines a serious bodily injury as an injury that creates a substantial risk of death or total disability or loss or substantial impairment of some bodily function for a substantial period of time. Accordingly, the language of the statute suggests that it applies to permanent and total disabilities and would not encompass a temporary injury, such as a broken bone or fracture that heals and causes no permanent disability. A conviction under this section carries a two year loss of license.

A Framingham, Massachusetts man, Miguel Sanchez was charged with OUI when he struck a bicyclist. According to the news reports, the bicyclist was not injured and the driver was arrested for DUI after failing field sobriety tests, the officer smelling an odor of alcohol and finding an open container of rum. The news article reports that Sanchez was spitting into the breathalyzer machine and refused to take the breathalyzer test.

While Sanchez's case does not appear to involve a serious bodily injury, DUI cases in Framingham and throughout Massachusetts involving accidents are serious cases. If a motorist is found to be driving under the influence of alcohol and is involved in an accident causing serious bodily injury, Massachusetts DUI law imposes a six month mandatory minimum jail sentence with the possibility of a judge imposing a greater sentence along with a two year loss of license without the possibility of hardship eligibility. Massachusetts law defines serious bodily injury as creating a substantial risk of death, or which involves total disability or loss or substantial impairment of some bodily function for a substantial period of time.

Continue reading "Framingham, Massachusetts man arrested for DUI after striking bicyclist" »

A Whitman, Massachusetts resident will be charged with a Massachusetts OUI as she is alleged to have been speeding and rolled her vehicle over. The driver, Joyce Whitman was brought to the hospital where she was listed as being in fair condition. According to news accounts, the vehicle rolled over several times before crashing into a pole and a dumpster, and then catching fire.

A Massachusetts DUI case involving an accident can in some cases be difficult to prove, because often in one car accident cases, there is no witness to testify as to how the accident happened. Cases involving DUI accidents often require the Commonwealth to attempt to obtain the medical records of the motorist to find out the alcohol level of the driver. These medical records are often difficult to obtain and an experienced DUI lawyer can attempt to keep these records from being admitted into evidence.

Though a DUI charge involving an accident may appear to be a difficult case to defend, these cases are often difficult for the Commonwealth to prove. Under Massachusetts OUI law, an OUI charge requires proof that the consumption of alcohol diminished the driver's ability to operate safely. Since accidents are common place and be caused by many factors, a DUI charge involving an accident is not an easy case for the Government.

Continue reading "Massachusetts DUI charge for Brockton area motorist" »