Massachusetts DUI Attorney Blog

The 52-year-old former chairman of the Massachusetts Turnpike Authority -- and chief of the Big Dig -- was in court this week on a Massachusetts drunk driving charge, according to ABC 5.

Matt Amorello pleaded not guilty in connection with an Aug. 7 crash during a brief appearance in Haverhill District Court. Amorello is accused of damaging two parked cars in Haverhill in a crash that sheared off the left-front tire of his Ford Explorer. Police say he was uncooperative at the scene and was maced after refusing to get out of his vehicle.

He then refused to cooperate during his booking photo and his head had to be held in place for the camera, according to authorities. Family members say he was mistreated and should have been hospitalized. Appointed to lead the Turnpike Authority in 2002, he resigned under pressure in 2006 after a ceiling collapse killed a Boston woman.

Amorello missed a previous arraignment, during which his attorney claims he was hospitalized, according to the Boston Herald. A relative said Amorello should have been hospitalized instead of taken to jail.

The Boston Globe report the judge has ordered Amorello to stay out of trouble while the case is pending or risk jail time. He is due back in court on Sept. 30.

Continue reading "Former Big Dig chief facing Massachusetts OUI charges in Haverhill District Court" »

A Bridgewater man is facing Massachusetts drunk driving charges in connection with a Taunton OUI accident involving a state trooper, the Taunton Gazette reported.

Matthew Charette, 24, has pleaded not guilty to drunk driving in Taunton District Court. The crash occurred on Route 24 early Saturday morning and injured a state trooper and another motorist.

In the last month, a trooper has been killed and three other troopers have been injured after being hit by passing motorists. Four drivers are facing drunk driving charges in connection with the accidents.

Prosecutors allege that Charette had a blood-alcohol level of .17, more than twice the legal limit of .08 for drunk driving in Massachusetts. He is due back in court on Sept. 30.

Police say he crashed his 1996 Volkswagen Jetta into the back of a state trooper's cruiser, which was pulled over with activated flashing lights in the northbound breakdown lane of Route 24 in Taunton. The force of the crash pushed the cruiser into the rear of a 2006 Chrysler Sebring driven by a 22-year-old Brockton motorist who had been pulled over for a traffic violation.

Authorities say Charette's car flipped over as a result of the collision and he was found hanging upside down in his seat belt. Prosecutors say alcohol was found in his car and Charette admitted that he had been drinking. Investigators believe he may have fallen asleep before the crash because they found no skid marks or other evidence that he tried to stop.

Charette works at Bridgewater State College, where he is also a graduate student. His attorney said he has no prior criminal record.

Continue reading "Grad student facing Taunton, Massachusetts OUI charges after accident with state trooper" »

An alleged drunk driving accident in Sudbury, Massachusetts has led to the arrest of a 23-year-old New Hampshire man, the MetroWest Daily News reported.

Benjamin Blunt, of 99 Clinton St. in Concord, was charged with driving under the influence of alcohol and failure to stay within marked lanes. Authorities allege that he slammed his car into Sudbury Automotive on Boston Post Road. Police found him standing outside his vehicle at about 6 a.m. The car was partly embedded in the side of the building. The shop was closed and unoccupied at the time of the crash.

A Worcester criminal defense lawyer experienced in handling Massachusetts OUI charges will review the facts and circumstances of this case and help the defendant decide upon the best course of action. Certainly there could have been some sort of mechanical failure that caused him to crash into the building or he could have been dodging an obstruction in the road.

Unfortunately, when law enforcement decides you have been drinking, they generally stop any attempts to determine other possible causes of an accident.

The owner said it is not the first time the building has been hit by a motorist -- it had previously been hit by a motorist who may have fallen asleep at the wheel. In this case, the vehicle was prevented from entering the building by a set of vending machines. The accident reportedly scattered change and Pepsi and Coke across the parking lot. The owner said there also is damage to the building, a garage door and the interior pump controls and that loss of business could result from the garage door being inoperable.

Restitution is another area in which a defense lawyer will need to work on behalf of this client. Determining the actual losses can help protect the driver against excessive claims for restitution.

Continue reading "Massachusetts OUI charges brought after car crashes into gas station in Sudbury" »

A 48-year-old man is facing drunk driving charges in Attleboro after a hit-and-run car accident at Hillside Avenue and Park Street, according to the Sun Chronicle.

Christopher L. Cokonis, of 711 Hillside Drive, is accused of crashing head-on into a car at the intersection, while turning from Park Street onto Hillside Avenue. Police report that the 50-year-old driver of the other vehicle was not seriously injured.

Authorities say Cokonis drove away from the accident scene when the other driver said he was calling police. The defendant was later arrested at his apartment. He has pleaded not guilty in Attleboro District Court to a number of charges, including drunk driving, driving to endanger and leaving the scene of an accident.

He has been released on bail and is due back in court on Sept. 16. An Attleboro OUI lawyer can contest the drunk driving charges in this case.

Continue reading "Attleboro OUI charges result after hit-and-run accident " »

The Attleboro Sun Chronicle reports that one of two alleged drunk drivers charged in the death of a state trooper worked in the probation department, where he monitored drunk drivers and other criminals required to wear electronic monitoring bracelets.

Kenneth Weiand, 43, of Walpole, faces a Massachusetts drunk driving charge in connection with the Friday accident. Authorities allege he attempted to drive past Sgt. Doug Weddleton, who was blocking an exit ramp as road crews established a construction site. While the trooper was out with Weiand, a pickup driven by Anthony Perry, 45, of Boston slammed into the stopped car, fatally injuring Weddleton.

The Bristol County District Attorney's Office reports Weiand's blood-alcohol level was .20, more than twice the legal limit of .08 for drunk driving in Massachusetts. Perry's blood-alcohol level was .07, below the legal limit. The media reports that Weiand will not be committed for a mental health evaluation, despite concerns regarding his mental health in the wake of the accident. He is due back in court on Aug. 5 for a pretrial hearing. He is employed by the Boston Municipal Court system as an electronic monitoring coordinator.

As we reported on our Massachusetts DUI Attorney Blog, Perry is facing charges of Massachusetts OUI and vehicular homicide. He was released on $10,000 bail and is due back in court on Aug. 5.

Meanwhile, Weddleton's family is thanking the community for the outpouring of support, the Enterprise News reported.

A 45-year-old man who is facing charges of Massachusetts OUI and vehicular homicide for the death of a state trooper may not have been legally drunk at the time of the accident, the Patriot Ledger reported.

The accident happened Friday morning on I-95 North in Mansfield.

Anthony Perry, of Hyde Park pleaded not guilty Friday in Attleboro District Court. Authorities allege he struck an Acura that had been stopped by Sgt. Douglas Weddleton. The accident forced the Acura into the trooper, dragging him across all three lanes of travel.

The prosecutor's office reports that breathalyzer examinations tested .07 at the scene and .06 at the station -- both below the legal limit of .08 for drug driving in Massachusetts. Police report that Perry admitted to consuming three beers and a mixed drink earlier in the evening while at a Rhode Island bar and grill.

Perry's attorney said the felony charges should be dropped, in place of misdemeanor negligent operation and motor vehicle homicide. Under Massachusetts law (Ch, 90 Sec. 24G), motor vehicle homicide carries a penalty of up to 2 1/2 years in jail. Vehicular homicide in connection with an OUI offense is punishable by up to 15 years in prison.

The man the trooper had initially stopped registered a .20 on a portable Breathalyzer examination. The Acura was stopped after trying to get around the trooper, who was blocking the off-ramp to Route 495 north for road construction.

WPRI News reported that Perry has been released from jail after posting $10,000 bail.

You can read the full WPRI report here.

Continue reading "Defendant accused of drunk driving in death of trooper may not have been legally intoxicated " »

A man facing Fall River OUI charges in connection with a Massachusetts drunk driving accident has been denied bail and ordered held in custody pending trial.

In denying bail, the Herald News reported that the judge cited the defendant's poor judgment in causing the June 3 pedestrian accident.

Afonso Oliveira is accused of driving drunk when he hit a woman and three children as they crossed Plymouth Avenue. He is charged with a third offense of operating under the influence, negligent operation of a motor vehicle and failing to stop for pedestrians in a crosswalk. Police allege that he passed through the light at the intersection of Plymouth Avenue and Lyon Street, where he struck the victims. The woman was trapped beneath his SUV and dragged for 200 feet before he stopped. Witnesses lifted the front of the Suzuki SUV, allowing the woman to crawl out. Police report that none of the victims were seriously injured in the accident.

Authorities say Oliveira was cooperative but did poorly on sobriety tests and had trouble understanding English. A Fall River defense lawyer may challenge the results of the tests and the assertion that he did poorly. A language barrier may well have impacted the defendant's ability to follow instructions.

Oliveira was previously charged with drunk driving in 1982 and 1994, the Herald News reported. Each charge was continued without a finding.

Police resolved to increase traffic enforcement in the wake of the accident, including the use of crosswalk decoys to target motorists who fail to yield the right-of-way to pedestrians. Police have issued more than $10,000 in tickets for such violations in the last month.

Continue reading "Fall River OUI suspect denied bail; accused of Massachusetts drunk driving accident" »

A Middleboro man is facing Massachusetts OUI charges in connection with an alleged drunk driving accident in New Bedford.

South Coast Today reported that the crash occurred on Route 18 about 8:30 p.m. Thursday night. Police report that Jeremy Levesque, of Middleboro was driving a Chevy van that swerved from the left lane to the right lane, rear-ending a Honda Accord, which then struck a Volvo station wagon. Both the van and the sedan were destroyed in the accident. Northbound Route 18 traffic was routed onto 1-195 and the road was temporarily closed.

Four passengers in the Honda were taken to St. Luke's Hospital for treatment.

Levesque faces charges of drunken driving, operating to endanger and following too closely, South Coast Today reported.

Massachusetts law (Chapter 90 Section 24) states anyone who puts the lives or safety of the public at risk by operating a motor vehicle negligently on a public road is guilty of a criminal offense. Operating to endanger is punishable by up to 2 years in jail. Under the law, the charge can result from a defendant's actions or from his or her failure to act as reasonably expected.

Continue reading "Middleboro man faces Massachusetts OUI charges following New Bedford car accident" »

A 28-year-old man is facing 11 criminal charges in Taunton District Court after police report he led them on a high-speed chase through Taunton, Dighton and Somerset, the Enterprise News reported.

The defendant faces a Massachusetts assault charge as well as kidnapping, driving under the influence of drugs, failure to stop for police, driving with a suspended license, refusing to identify himself to police, use of a motor vehicle without authorization and other traffic violations. A Massachusetts kidnapping charge is a serious felony, carrying a penalty of up to 10 years in prison.

Police say that Henry M. Stanley Jr., of 2125 Winthrop St., Dighton, reached speeds of 100 mph in a stolen Lexus sedan while being chased along Route 138 by a Massachusetts State Police cruiser.

The chase started at about 1:30 a.m. Tuesday after a trooper noticed the gray Lexus parked on High Street outside the Taunton District Court House. As the car drove away, the trooper identified it as the one wanted for eluding Brockton police on Route 24 just minutes earlier.

The trooper followed the car without lights and sirens while awaiting backup. The defendant reportedly realized he was being followed and began fleeing near the Taunton-Dighton line. Authorities report clocking him at 100 mph along Somerset Avenue, where the speed limit is 40 mph. Police slowed the Lexus by puncturing the front tires with tire deflation devices strewn in the roadway. The defendant finally stopped on route 138 near Buffington Street in Somerset.

A female passenger fell out the front door and police report the defendant again fled, nearly running the woman over and almost colliding with several police cars. The Lexus finally crashed into a utility pole near Harrison Avenue, where they found Stanley slumped over the wheel and disoriented.

He began vomiting and told police he had spent the day doing heroine, cocaine and crack. Police were told the 42-year-old woman in the vehicle was offered a ride home after meeting him outside the courthouse.

The defendant was held on $15,000 bail and is due back in court for a hearing on June 7.

Continue reading "OUI charge in Taunton, Massachusetts brought as a result of high speed chase" »

An alleged Attleboro drunk driving accident has resulted in the arrest of a Franklin man on a third-offense Massachusetts OUI charge, the Sun Chronicle reported.

Nicholas Kotros, 30, of 157 Conlyn Ave. in Franklin, was arrested walking on Route 140 in Mansfield shortly after hit-and-run accident on Interstate 95 in Attleboro, which occurred about 2 a.m. Thursday. The driver of one of the vehicles suffered minor injury and was taken to Sturdy Memorial Hospital.

Kotros pleaded not guilty to the third-offense drunk driving charge, leaving the scene of an accident with personal injury and failure to drive within marked lanes. He was ordered held without bail pending a dangerousness hearing. A third violation of Massachusetts drunk driving laws carries a penalty of up to $15,000 in fines, five years in prison and an 8-year license suspension.

Massachusetts State Police report Kotros was northbound on I-95 when he struck the rear of an SUV near the Toner Boulevard exit. Another car crashed into a guardrail while attempting to avoid the collision. The vehicle Kotros is accused of driving was found abandoned on the ramp from I-95 to I-495 North.

A Mansfield police officer found Kotros walking nearby on Route 140 with muddy clothing and a scratch on his arm. He reportedly told police his car had been taken from the parking lot of an Olive Garden earlier in the evening and he was walking to a friend's house.

Continue reading "Third-offense Massachusetts OUI charge alleged in Attleboro car accident" »

A Quincy man is accused of numerous criminal charges in connection with a Massachusetts DUI accident that seriously injured two teenage women, the Patriot Ledger reported.

Rene M. Lumaghini, 26, of 335 Granite St., Quincy, was ordered held without bail after his arraignment Monday in Quincy District Court. Authorities contend he failed to comply with court-ordered rehab and went bar hopping before driving into a tree and leaving two 19-year-old women trapped in the wreckage. He has a history of drug and alcohol violations and a warrant had been issued for his arrest last week for allegedly failing to report to a court-ordered treatment program at South Shore Recovery Home in Quincy.

A 22-year-old passenger was not hurt and told police the four had been drinking at three area bars, including Joe's American Bar & Grille in Braintree and at Darcy's Pub in Quincy.

One of the 19-year-old women was transported to Boston Medical Center where she remains in critical condition with severe head injuries.

Police report that the defendant's mother had promised he would turn himself in, but Lumaghini did not appear and police found him hiding in a closet at the Long Island Shelter drug treatment facility. He has been previously convicted of drunk driving, assault and battery on a police officer and assault and battery with a deadly weapon, for which he remains on probation. In this case, he has been charged with operating under the influence of liquor, leaving the scene of an accident after causing personal injury and negligent operation of a motor vehicle.

He is due back in court on May 20.

Continue reading "Man charged in Quincy OUI accident that critically injures teenage passenger" »

A Quincy woman was sentenced to six months in jail for a Quincy drunk driving accident that seriously injured a motorcyclist and resulted in the loss of his leg, the Patriot Ledger reported.

Massachusetts OUI accidents that result in injury are particularly serious cases and should always be handled by an experienced Massachusetts criminal defense lawyer.

In this case, the woman was found guilty by a jury of drunken driving with negligence, and causing serious bodily injury. The accident happened nearly two years ago on Neponset River Bridge.

The judge added a two-year suspended sentence and revoked her driver's license for two years. She also must attend 12-step meetings twice a week, abstain from alcohol and drugs and submit to random drug testing.

The victim, a one-time construction worker who was in court with a prosthetic leg, was sympathetic when talking to the media outside the courthouse. He said a long period of probation seemed more fitting for the defendant, who turned into the wrong lane on the bridge, striking the motorcyclist and costing him his leg.

Troopers had testified the defendant was unsteady on her feet, was slurring her speech, and failed field sobriety tests. The jury rejected a defense argument that troopers exaggerated the findings.

The defendant was a juvenile probation officer at the time of the accident, which happened Aug. 23, 2008.

Continue reading "Woman gets six-month sentence for Quincy, Massachusetts OUI Accident " »

A Norwell, Massachusetts bartender, Christina Porter was charged with a Massachusetts OUI after being involved in an accident. It appears from the Patriot Ledger news account that she drifted off of the road and was involved in a serious accident.
While the details of how the police arrived at the Massachusetts DUI charge are unclear from the news account, in many accident cases the police have very little evidence other than the fact that an accident occurred. In most accident cases, field sobriety tests are not performed, meaning that the primary evidence will be based on the officer observations of the driver's speech and coordination. Often, the Commonwealth will attempt to obtain hospital medical records revealing the drivers blood alcohol level. Accident cases can be complex for the Commonwealth to prove because at trial they will need the correct hospital personnel present to have the records admitted into evidence.

Continue reading "OUI charge in Massachusetts for Norwell bartender" »

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 " »