Recently in DUI accidents Category

Professor Facing Massachusetts Vehicular Homicide Charge after Fatal Plymouth Crash

December 29, 2011,

A Boston University professor is facing a charge of vehicular homicide in Plymouth in the wake of an Oct. 7 crash that claimed the life of a 26-year-old Plymouth man.

Criminal charges stemming from fatal accidents are always serious. But the issues are often exacerbated by allegations of drunk or drugged driving. These cases should always be handled by an experienced Plymouth criminal defense attorney. In many cases, " accidents" really are "accidents." While tragic, criminal charges are often unwarranted. 1111010_motorcycle_reflections.jpg

Robert Zelnick, 71, of Brookline, is accused of turning his SUV into the path of a motorcycle driven by Brendan Kennedy, of Plymouth. The accident occurred on Clark Road in the vicinity of the Route 3 on-ramp.

A magistrate in Plymouth District Court found probable cause to charge Zelnick with failure to yield to oncoming traffic and motor vehicle homicide. His driver's license was immediately revoked by the Registry of Motor Vehicles.

Under Massachusetts law (Chapter 90, Section 24G), a conviction for motor vehicle homicide is punishable by up to 15 years in prison and a 15-year suspension of a defendant's driver's license.

In this case a Massachusetts defense attorney will carefully review the facts and circumstances of this accident. The National Highway Traffic Safety Administration reports failure to yield is one of the leading causes of fatal motorcycle accidents in the United States. Often, this can be because the motorcycle is traveling too fast. In other cases, the setting sun or other visual obstructions may contribute to the accident. Proving the defendant was not responsible for the accident would typically result in a dismissal of the charges. Proving he was not solely responsible, or that mitigating circumstances exist, may result in a reduction or dismissal of the charges.

In order to be convicted of vehicular homicide in Massachusetts, the state must prove that you were operating a motor vehicle under the influence of alcohol, or that you were operating recklessly or negligently, so that lives were endangered. And that as a result of such actions, a death occurred.

Applying the law requires a certain amount of common sense. After all, there is an at-fault party in every fatal accident. Theoretically then, in cases where an at-fault party survives a fatal accident, he or she could be charged with vehicular homicide. Yet that is not the case. These charges most often stem from drunk driving accidents -- though there has been no public assertion that alcohol or drugs were involved in this case. In such cases, the defense attorney will work to defend a client from both the drunk driving charge and the allegation that he or she was responsible for causing the accident. If either can be disproven, a reduction or dismissal of the charges is possible.

Zelnick spent more than two decades working for ABC News before accepting a position at Boston University, where is is a professor of national and international affairs. The Boston Globe reports he is the author of four books and has worked as a reporter in Israel and Moscow and as a Pentagon correspondent.

Continue reading "Professor Facing Massachusetts Vehicular Homicide Charge after Fatal Plymouth Crash" »

Driver facing Stoughton DUI Charges with Bad Driving Record

September 17, 2011,

A 48-year-old Bridgewater woman is facing vehicular homicide charges in Massachusetts after a fatal weekend car accident in Stoughton.

Patricia Neville-Colp, also faces charges of driving under the influence of alcohol or drugs in the accident, which claimed the life of a 57-year-old Easton woman and seriously injured two others. Police say she failed five sobriety tests after her vehicle collided with the KIA in which the victims were riding. 75579_drunk_driving.jpg


A Stoughton DUI defense attorney will look hard at the "5 sobriety tests" the defendant allegedly failed. There are only three recognized field sobriety tests (the pen test, walk and turn and stand on one leg), though officers are fond of having motorists attempt to perform all sorts of antics. Motorists are not obligated to take these tests and the results amount to nothing more than the opinion of an officer regarding your level of intoxication. In this case, police asked her to recite the alphabet and count backwards. She also reportedly had to attempt the breath test five times, before police say she tested .13 -- above the .08 limit for drunk driving in Massachusetts.

The results of a breathalyzer can be challenged -- though a blood test is typically performed after a serious accident. And the training and conduct of officers involved will also be reviewed and may be challenged by experienced defense counsel.

But the media is reporting this woman will also have to battle previous convictions on her driving record -- which prosecutors will seek to use against her wherever possible and which the judge can't help but consider at sentencing. Fighting to keep convictions off your record can save jail time and license suspensions, as well as thousands in fines and skyrocketing insurance premiums. But where motorists really benefit is in the event of a subsequent arrest; this is never more true than when a serious or fatal accident is involved.

The Boston Herald reported that the defendant has been in seven surchargeable accidents between 1985 and 2008. She was being held on $100,000 bail and will be back in court on Oct. 11.

Fifteen marijuana cigarettes were also allegedly found in her car.

Continue reading "Driver facing Stoughton DUI Charges with Bad Driving Record " »

Massachusetts Appeals Court finds expert accident reconstructionist testimonial properly admitted in OUI Motor Vehicle Homicide Trial.

August 15, 2011,

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.

ESPN Analyst, Former NBA Player Jalen Rose Sent to Jail for DUI

July 29, 2011,

Jalen Rose, a 13-year NBA guard and current analyst, was sentenced to 20 days in a Michigan jail recently following a March DUI crash, the Detroit Free Press reports.

It seems like celebrities charged with crimes sometimes get lenient sentences compared to everyday people. But in this case, the judge went out of her way to send a message, knowing that the media would be picking up the story.
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And in more in more cases, DUI defendants are facing serious penalties -- regardless of who they are. OUI penalties in Massachusetts can be complicated by accidents, previous convictions or other charges. Unlike other misdemeanor offenses, OUI in Massachusetts carries a range of penalties most misdemeanor charges don't require. And that's why hiring an experienced Massachusetts OUI Attorney is critical.

Consider the possible penalties for even a first-time DUI offender in Massachusetts:

  • Up to two and a half years in the House of Correction
  • Up to one year driver's license suspension
  • Completion of an alcohol education program
  • Possible 1 year probation sentence

And a conviction is expensive. By some estimates, a drunk driving conviction can cost as much as $20,000, counting fines, lost work, court costs, jail time, treatment, probation and skyrocketing insurance premiums. Most misdemeanor charges are penalized by days to months in jail without all the other possible penalties. But lawmakers have used their positions to continually enhance the penalties against these those accused of driving under the influence of alcohol or drugs. .

According to the news article, Rose was arrested March 11 after he crashed his Cadillac Escalade in a town outside Detroit. He registered a .08 blood alcohol content level on a preliminary breath test at the scene and later registered a .12 blood alcohol content in a blood test.

Under Michigan law, .08 is legally drunk. He pleaded guilty in May to one count of driving while under the influence, a misdemeanor in Michigan. Rose's attorneys believe the judge abused her power because a newspaper analysis showed that most judges in metro Detroit and nationwide sentence first-time offenders to time served or a few days in jail if their blood-alcohol level is about .17.

What should be noted are a mistake Rose made as well as a possible area of defense. According to the article, Rose blew a .08 when given a breathalyzer test. In Massachusetts, refusing a breath test can result in a driver's license suspension, but it also denies the prosecution some key evidence against the defendant.

There are several defenses to a breath test. A breathalyzer is a device that has a tube at the end and is supposed to measure a person's blood-alcohol content level. But the devices can only estimate a person's BAA because the devices are inherently faulty. There have been problems nationwide regarding reliability of these devices.

The article also states he was given a blood test. It's possible for a defendant to refuse to provide these tests, but law enforcement officers will sometimes seek a warrant from a judge in order to force the test. This is particularly true when an accident is involved. An experienced and aggressive Massachusetts OUI attorney can fight to keep this evidence from making its way to trial.

Continue reading "ESPN Analyst, Former NBA Player Jalen Rose Sent to Jail for DUI" »

Massachusetts drunk driving lawyer comments on recent Appeals Court decision regarding admissibility of hospital medical records at DUI trial

June 13, 2011,

As a Massachusetts drunk driving lawyer, the decision of the Appeals Court in Commonwealth v. McLaughlin, decided on June 13, 2010 is of interest in defending DUI cases involving motor vehicle accidents. The McLaughlin case arose out of a 3rd offense Massachusetts OUI charge out of the Plymouth District Court. The defendant was involved in a motor vehicle accident and brought to the hospital for medical treatment.

At trial, the Commonwealth sought to introduce the hospital medical records of the defendant to prove his blood alcohol level to be above the legal limit of .08. The Commonwealth called a toxicologist to explain the meaning of the hospital records and how the serum alcohol blood alcohol reading converted to a blood alcohol content on the night of the incident. The Commonwealth did not call the keeper of the hospital records to testify but relied exclusively on the medical affidavit statute to have the records admitted into evidence.

Under Massachusetts General Laws Chapter 233 Section 79G, medical records may be admitted in the discretion of the court by way of affidavit relating to treatment and medical history, but nothing admissible shall relate to the question of liability. The Appeals Court held that the admission of the toxicology report did not violate the medical affidavit statute.

Further, the Appeals court rejected the challenge of the Massachusetts DUI lawyer in the case that the admission of the hospital medical records violated the defendant's right of confrontation under the Sixth Amendment or Article 12 of the Massachusetts Declaration of Rights.

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Withheld Evidence in Drunk Driving Case Shows Why Boston DUI Defense is Critical

May 30, 2011,

An Illinois man is seeking a new trial after his attorneys discovered that prosecutors withheld thousands of taped conversations the man had from the jail with outsiders, NBC News reports.

It is Improprieties like that act as a reminder of why it is critical to always mount a Boston OUI defense or defense of other criminal charges in Massachusetts. OUI in Massachusetts is a serious crime and those cases involving injury or death can result in the loss of liberty for years or decades.
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The man was convicted in February for the drunk driving death of his girlfriend's son last year. According to the report, the man crashed a car into a tree, killing the 5-year-old son of his then-girlfriend. The crash happened after the boy's mother was arrested for driving with a suspended license. A police officer gave the man the keys to his girlfriend's car after the arrest. Police said he had a .208 blood-alcohol level, about three-times the legal limit.

This is a disturbing case of poor decisions by the police and prosecution. First, if the man appeared intoxicated, the officer should have never given him the keys to a car and told him to drive home. Second, it is unconstitutional for the prosecution to withhold evidence in a criminal case.

In Stoughton, OUI involving an accident can result in jail time. Even an accident where someone is injured can cause the driver to spend years in prison, loss of driver's license and other OUI penalties.

Hiring a Quincy DUI lawyer can be one of the most important decisions you make. A bad choice and you could be saddled with thousands in fines and fees, incarceration, a ruined reputation and future job problems.

While every case is different, challenging blood and chemical testing can be a great defense, eye witnesses can be aggressively questioned and disproven and experts can be hired to combat the Commonwealth's case against you.

Continue reading "Withheld Evidence in Drunk Driving Case Shows Why Boston DUI Defense is Critical" »

Woman charged with OUI in Quincy after Striking Trooper's Cruiser

April 25, 2011,

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.
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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.

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Bail lowered for defendant charged with Framingham OUI accident that killed MassDOT worker

April 5, 2011,

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" »

Second-offense OUI alleged in fatal Lynnfield accident involving marijuana

March 12, 2011,

A fatal Massachusetts drunk driving accident has resulted in a second offense OUI charge in Lynnfield being filed against a 25-year-old defendant, according to the Boston Globe.

The Melrose defendant was scheduled for arraignment on Monday in Peabody District Court on charges that include motor vehicle homicide and driving under the influence of narcotics. This case has a number of complex factors and should only be handled by a veteran Massachusetts OUI defense lawyer.
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A thorough review of the accident should be conducted, and a thorough defense of a second-offense OUI charge will need to be prepared. If a defendant can be shown either not at fault in the accident or not guilty of drunk driving, he typically will not be convicted of the most serious charges associated with a drunk driving crash in Massachusetts. Additionally, an allegation involving driving under the influence of drugs presents its own unique challenges. Just because a defendant tests positive for the presence of drugs does not mean that he or she was under the influence at the time of the crash. Marijuana, for instance, can remain in a person's system for up to a month after consumption -- long after the time it could possibly impact a defendant's ability to drive.

Massachusetts State Police report the defendant was driving an SUV on Route 1 in Lynnfield when he entered the breakdown lane and struck a 42-year-old taxi driver. The victim was pronounced dead at North Shore Medical Center Union Hospital.

Police allege the defendant tossed small baggies of marijuana from his vehicle after the crash. The cab had been parked at the side of the road after a minor traffic accident. A 6-year-old boy in the other vehicle was also seriously injured, according to police.

The defendant was also charged with possession of a Class D substance with intent to distribute, speeding and a marked lanes violation.

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Police officer charged with manslaughter after drunk driving alleged in death of teen pedestrian

November 26, 2010,

A Windsor Locks police officer has pleaded not guilt to manslaughter charges in the wake of a crash that claimed the life of a 15-year-old pedestrian, the Hartford Courant reported.

Our Massachusetts OUI defense lawyers frequently discuss the need for aggressive and experienced legal representation in cases where a drunk driving accident leads to serious injury or death. You defense must both fight the allegation that you were driving drunk and fight the accusation that you were responsible for causing the accident. Such charges are extremely serious and conviction typically results in long sentences behind bars. An experienced Massachusetts criminal defense attorney can have a dramatic impact on the outcome of your case. As we reported recently on our Massachusetts DUI Attorney Blog, former Yankee star Jim Leyritz was found not guilty of DUI manslaughter, which reduced his potential sentence from 15 years in prison to 6 months behind bars.

The arrest warrant indicated Officer Michael Koistinen had been drinking beer, tequila and whiskey for six hours before the crash and may have been traveling at 70 mph, twice the posted speed. He left court with his father, a police sergeant, without speaking.

His defense lawyer blamed poor visibility in the area and dismissed the relevance of whether he had been drinking. He indicated the accident was unavoidable and that the victim may have ran a red light while riding a bicycle at night.

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Warrant issued after woman allegedly fails to show for court in Fitchburg OUI car accident case

November 16, 2010,

A 40-year-old woman is facing OUI charges in Fitchburg after police say she crashed her car into a house on Albee Street, the Telegram reported.

Police say Stephanie J. Rennex, of 65 Everett St., failed to appear at her arraignment in Fitchburg District Court and a warrant was issued for her arrest.

She is charged with driving under the influence of alcohol, second offense, driving recklessly, and a marked lanes violation in connection with the Massachusetts drunk driving accident

Consulting an experienced Worcester OUI lawyer is your best course of action in the wake of a drunk driving charge. Failure to appear in court can compound your legal issues. But, even then, consulting an attorney can get you back on track without suffering the type of legal consequences that can result if you wait until you are arrested again by police.

Authorities report that Rennex's 2004 Mitsubishi Endeavor was found embedded in the home about 30 yards off the roadway. She was not injured and told police she lost control when she was cut off by another vehicle while traveling northbound on Albee Street. Police report finding an open beer and several empty schnapps bottles in the vehicle. They also found marijuana and a marijuana pipe, according to court documents.

She reportedly asked police to give her a break after they told her she failed the field sobriety tests. She refused the breathalyzer examination.

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Illegally obtained blood test thrown out of court in OUI manslaughter trial

November 13, 2010,

Prosecutors in the Florida DUI manslaughter trial of former Yankee star Jim Leyritz were barred this week from using an illegally obtained blood test, the Associated Press reported.

Massachusetts OUI defense lawyers have been monitoring the trial, which is being followed by CourtTV and other national media. Leyritz faces up to 15 years in prison if convicted of the December 2007 drunk driving accident. He was returning home from his 44th birthday party when he allegedly ran a red light and smashed into a vehicle driven by a 30-year-old mother of two.

She had just gotten off work as a bartender, was even drunker than Leyritz, was not wearing her seat belt and was receiving telephone calls and text messages in the moments before the fatal crash. The judge has ruled most of that cannot be entered into evidence before the jury. But Leyritz's drunk driving defense lawyers have not been without their fare share of victories.

Leyritz refused a breath test and had a blood test drawn about three hours after the crash. That test showed a level of .14, above Florida's legal limit of .08 under Florida law. Investigators drew a second blood test, which is not authorized by state law, the results of which were thrown out.

It is the latest setback for prosecutors, who told jurors a passenger in Leyritz's vehicle would testify the former baseball player ran the red light in the moments before the accident. Instead, the passenger testified he remembered the vehicle entering the intersection on a yellow light.

Leyritz, 46, who reportedly has sought financial assistance from a baseball charity established to help former players in need, settled a wrongful death lawsuit earlier this year for the $250,000 policy limits of his auto insurance policy and $1,000 a month for 100 months. Mainly a catcher during his 11 seasons in the majors, he is best known for hitting a home run for the Yankees in the 1996 World Series.

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Massachusetts OUI charge brought in Attleboro District Court after car accident

November 9, 2010,

A Massachusetts OUI charge was brought in Attleboro District Court against Kelly Maloney after police allege that the driver was in a one car accident. According to the news account in the Attleboro Sun Chronicle, it appears that the police found the motorist on the side of the road with her vehicle disabled, without any evidence of how the accident occurred.

At the police station, the motorist is alleged to have submitted to a breathalyzer test with a reading of .23. The news article suggests that the motorist is charged with a first offense and the court released the defendant without requiring her to post any cash bail. When a motorist submits to a breathalyzer test and the result is above .20, Massachusetts OUI law Chapter 90 Section 24Q requires the motorist to undergo an additional alcohol evaluation as part of the resolution of the case. This requirement would be made a condition of probation. Typically a motorist who admits to a First Offense Massachusetts OUI will be offered the 24D program and one year probation as part of a disposition referred to as a Continuance without a finding or CWOF.

In all DUI cases, a motorist should consult with an experienced Massachusetts OUI lawyer to ensure that the Commonwealth can prove its case against you. While breathalyzer evidence is present in many cases, the police do not always follow the proper procedure to allow the evidence to be admitted in court.

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Massachusetts man charged in Rhode Island drunk driving accident that claimed life of friend

October 17, 2010,

A 37-year-old Massachusetts man was arrested at his lawyer's office in Providence last week on criminal charges in connection with a Rhode Island drunk driving accident.

Drunk driving accidents often result in very serious criminal charges. Consulting an experienced Rhode Island DUI defense lawyer is critical and arranging to surrender to charges through your attorney is also a very smart move. Your attorney can assert your rights to remain silent and make sure your rights are protected against overzealous investigation or interrogation by law enforcement.

The Providence Journal reports that James Manning, 37, faces charges of driving without a license, running a red light and driving under the influence of drugs or alcohol, death resulting. Police had reportedly been looking for him for several days after collecting evidence they say indicates he was under the influence when he allegedly ran a red light and crashed into another car on Sept. 18.

Witnesses reported seeing Manning's Ford SUV run a red light at Mineral Spring Avenue, where it struck another car. Both Manning and his passenger were thrown from the vehicle. His passenger later died as a result of his injuries.

Manning had been taken to Memorial Hospital in Pawtucket for treatment after the accident; detectives reportedly obtained a consent to search for his hospital records to determine whether drugs or alcohol were found in his system.

Police had obtained a warrant for his arrest but had not been able to locate him at Massachusetts addresses in Woonsocket and Milford.

The Journal reports that Manning has never been licensed to drive in Rhode Island, but has 18 outstanding traffic tickets, including several charges of reckless driving and operating without a license. He also has a long history of criminal violations and has been in and out of prison for most of the last two decades.

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Worcester woman faces fifth OUI charge in Westboro after rear-ending state's top cop in Shrewsbury

October 14, 2010,

Drunk driving charges in Worcester, Westborough or Shrewsbury are sometimes filed as the result of a car accident. But it's not everyday that a driver faces charges after rear-ending the SUV of the head of the Massachusetts State Police.

The Telegram & Gazette reported that a 51-year-old Worcester woman was charged with drunk driving in Shrewsbury after rear-ending the SUV of Col. Marian J. McGovern, of Millbury, as she waited at a stoplight on Route 20.

McGovern is the head of the MSP and has been on a mission through the summer after a number of troopers were struck by drunk drivers. She was in her unmarked state police Ford Explorer when the Ford 500 sedan slammed into her on Route 20 eastbound at Grafton Street.

She reportedly got out to check on the driver and determined she had likely been drinking. She called an on-duty trooper and Donna M. Sclamo, 51, of Worcester, was hit with her fifth Massachusetts drunk driving charge. Under Massachusetts law (Chapter 90 Section 24) a fifth offense is punishable by 2-5 years in prison and a lifetime driver's license suspension with no hardship eligibility.

State police say Sclamo was booked at the barracks in Millbury and will face the charges in Westboro District Court. She was arrested on her fourth drunk driving charge in 1998 and also charged with driving without a license, failure to drive within marked lanes, driving an unregistered vehicle, driving an uninsured vehicle and illegally attaching license plates.

She was arrested for third-offense OUI in 1996 and sentenced to two years in jail. She was arrested for her second-offense OUI the prior year.

Continue reading "Worcester woman faces fifth OUI charge in Westboro after rear-ending state's top cop in Shrewsbury" »