Massachusetts DUI Attorney Blog

Traffic enforcement is expected to be heavy in and around Boston through the upcoming Labor Day weekend.

Sobriety checkpoints and increased enforcement leave motorists at increased risk of being charged with OUI in Massachusetts.

With at least five troopers struck by drunk drivers in recent weeks, authorities are redoubling efforts through the remainder of summer, the Massachusetts Highway Patrol reports.

"So far this year we have had 10 cruisers struck by drunk drivers," Patrol Col. Marian McGovern said. "That puts us on pace to reach last year's total of 20 cruisers hit by impaired drivers."

Earlier this summer, the Massachusetts Highway Patrol moved 37 troopers to the areas around the city with the highest crash rates, including Troop A, north of Boston to New Hampshire and west to I-495 as well as parts of Route 1, Route 128 and I-93. Other problem areas include Troop H, which runs from Boston to the Rhode Island border.

The end of summer and the Labor Day weekend are traditionally a great opportunity to spend some time with friends and family. Increased enforcement and roadblocks frequently lead to marginal arrests. An experienced Massachusetts OUI defense lawyer can often seek a reduction or dismissal of the charges, particularly for first-time offenders.

Remember: the best defense in the wake of a drunk driving charge is an experienced and aggressive offense.

Continue reading "Increased enforcement through Labor Day leaves motorists at increased risk for Massachusetts OUI charges" »

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 " »

Several suspects are facing Dedham, Massachusetts OUI charges after being arrested while sleeping, the Dedham Transcript reported.

A Dedham defense lawyer should always be called to represent someone charged with drunk driving. Police may still make an arrest if a motorist is in a vehicle and in possession of the keys. Hiring an experienced attorney offers the best chance to protect your rights and beat the charge. Just because you are charged with OUI, does not mean you will be convicted of OUI. The issue of whether the Commonwealth can prove that you operated a motor vehicle is very fact specific and depends on all of the surrounding circumstances of the incident.

Police arrested a 56-year-old Walpole man after reportedly finding him passed out behind the wheel of a 2002 Toyota Tundra in the area of Quincy Avenue and Dale Street. Police say he failed field sobriety tests and was arrested for driving under the influence of alcohol. He has pleaded not guilty in Dedham District Court.

In a separate incident, an officer was sent to Berkeley Road, where he found a 2001 Mitsubishi Eclipse with two men sleeping in reclining seats. The driver told police the vehicle had not been in an accident. But it appeared to have front-end damage and a nearby Mercury Tracer was also damaged. The driver failed field sobriety tests and was arrested and charged with driving under the influence. He also pleaded not guilty in Dedham District Court.

One day later, a 23-year-old man was found sleeping in the front seat of a 2008 Ford Fusion as police responded to the scene of a domestic assault complaint. The vehicle was reportedly running and in drive. The driver failed field sobriety tests and was arrested. He, too, has pleaded not guilty in Dedham Court.

Continue reading "Series of Dedham drunk driving arrests result after suspects found sleeping in vehicles" »

The Massachusetts Appeals Court upheld an OUI car stop in the case of Commonwealth v. Riedel, decided on June 1st. The case involved a motorist suspected of driving under the influence of alcohol who was stopped in Brewster by an Orleans police officer. Under Massachusetts law, the authority of a police officer is limited to the territory where the officer is a police officer. An officer only has authority to make an arrest outside of his territory if it is granted by statute or is part of the common law.

Massachusetts General Laws Chapter 41 Section 98 provides as follows: A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, may exercise such authority in any other city or town for any offense committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. The issue in Ridel's case was whether the defendant committed an arrestable offense. The Appeals Court held that the defendant's erratic driving gave the officer reason to believe that an arrestable offense was committed in his presence.

Massachusetts OUI arrests sometimes raise an issue of whether the officer had a lawful basis to make a motor vehicle stop. An extraterritorial stop is a defense that is handled through a motion to suppress. This type of defense based on the territorial jurisdiction of the officer could arise from an officer entering a neighboring town or when an officer crosses state borders.

I had a Second Offense Massachusetts OUI dismissed in the Attleboro District Court when my client was initially detained by the Rhode Island police. At the motion hearing the judge, agreed with my argument that the Rhode Island police lacked authority to detain my client in Massachusetts and it resulted in the case being dismissed.

Continue reading "MASSACHUSETTS OUI CAR STOP OUTSIDE THE TERRITORIAL JURISDICTION OF THE OFFICER UPHELD BY THE APPEALS COURT" »

A 27-year-old woman faces drunk driving charges for allegedly trying to drive home to Rhode Island in a car that was missing a tire, the Taunton Daily Gazette reported.

Diane Monteiro, of 38 Cotter St., appeared in Taunton District Court on Tuesday, where she was arraigned on charges of operating under the influence of liquor, operating a motor vehicle with a suspended license, negligent operation of a motor vehicle, operating an uninsured motor vehicle, leaving the scene of property damage and a marked lanes violation. She was released on $100 cash bail.

Monteiro was arrested April 18 on Winthrop Street in Rehoboth when officers spotted a car traveling eastbound with lopsided headlights. As the Nissan Altima passed the police cruiser, officers noticed it was driving on three tires and its taillights were not functioning.

Police report she drifted into the breakdown lane, where she drove for another quarter mile on the rim, sending sparks shooting into the air as the car scrapped along the pavement. The officers pulled her over just east of Earl Dias Interiors, where they report the Providence woman failed several field sobriety tests.

An inspection of the car revealed it had dents and scratches, as well as a missing side mirror, where police allege Monteiro crashed into a mailbox shortly before being spotted by the officers. The mirror was found on Route 44 in the 500 block of Winthrop Street, where a mailbox had also been damaged.

Authorities reported the defendant smelled of alcohol and appeared "extremely disoriented." She told officers she had consumed two mixed drinks. However, a breathalyzer test at the Rehoboth Police Station registered a blood-alcohol level of .22, nearly three times the legal limit of .08 in Massachusetts.

Monteiro is scheduled to be back in court May 17.

Continue reading "Woman faces Taunton OUI charge; allegedly passes police in vehicle missing a wheel" »

A Massachusetts teenager, charged with bullying a 15-year-old girl who committed suicide, was arrested Sunday on a Massachusetts drunk driving charge, according to the Boston Globe.

Austin Renaud, 18, was arrested in Holyoke and released on bail, pending arraignment in Holyoke District Court.

Renaud is one of six teenagers charged with what prosecutors called "unrelenting" bullying of a South Hadley High School student who committed suicide on Jan. 14. He has pleaded not guilty to statutory rape in that case.

As a result of the OUI charge, Renaud's driver's license was suspended automatically for 30 days because he failed a breathalyzer test and for another 180 days because he is under the age of 21, the Boston Herald reported.

Police reported he was parked at the side of the street with his hazard lights flashing at about 3 a.m. He told a police officer he had hit the curb and had a flat tire. Officers reported he was unsteady on his feet, had bloodshot eyes and an odor of alcohol about his person. He reportedly told officers he had not been drinking but voluntarily submitted to sobriety tests, which showed a blood-alcohol level of .15.

Continue reading "Teen bullying suspect arrested on Massachusetts OUI charge" »

Two area men face Massachusetts OUI charges after recent arrests. One was allegedly involved in a single-vehicle accident; the other was arrested after a phone call to police about an erratic driver in a residential neighborhood.

A Massachusetts criminal defense attorney experienced in handling drunk driving charges should be called to represent anyone facing charges of operating under the influence in Massachusetts. Drunk driving charges can have serious consequences, including hefty fines, jail time, the loss of your license and higher insurance premiums. A Massachusetts drunk driving conviction may even prevent you from remaining employed or obtaining future employment for certain jobs.

A 36-year-old man pleaded innocent on Monday in Attleboro District Court to drunk driving charges in connection with a single-vehicle accident over the weekend at Thacher and South Main streets.

The Sun Chronicle reported that the Rhode Island defendant was driving an SUV that struck a utility pole around 3 a.m. Saturday.

Police reported that a blood alcohol test found the defendant was twice the legal limit of .08. He was charged with drunk driving, driving to endanger and driving without a license and is due back in court on April 9.

In a separate case, Dedham police arrested a 27-year-old Westwood man on Massachusetts OUI charges. Police responded to Bridge Street shortly after 5 p.m. after receiving calls about an erratic driver, according to the Dedham Transcript.

Police questioned the defendant, who was driving a red Honda Civic, and claim he was swaying back and forth and smelled of alcohol. A police lieutenant reported the defendant admitted to drinking alcohol and was arrested and charged with driving under the influence.

The defendant made his first appearance in Dedham District Court and a pre-trial hearing has been set.

Continue reading "Aggressive defense of Massachusetts OUI charges essential to protecting your rights" »

In another high-profile drunk driving arrest, Washington Redskins cornerback Byron Westbrook has been charged with drunk driving in Charles County, Maryland, according to The Washington Post.

The paper reported that Westbrook was stopped and arrested after a deputy saw him driving erratically on a state highway in Waldorf. Westbrook, who lives in Herndon, was driving a gray Mercedes on Route 5 near Lake Place. Shortly before 2 a.m., the deputy said Westbrook crossed the lane marker several times. Deputies reported detecting a strong odor of alcohol and said he failed several field sobriety tests but declined the breath test.

Many times, an experienced Massachusetts OUI defense lawyer can challenge such evidence; law enforcement commonly uses lane violations (which may or may not have even occurred) to pull over vehicles; filed sobriety tests are also subjective and can be scrutinized by an attorney experienced in fighting for the rights of clients facing Massachusetts drunk driving charges or DUI charges in Maryland or elsewhere in New England.

Westbrook was charged with driving under the influence of alcohol, driving while impaired, negligent driving and failing to stay on the right side of the road, the Post reported. He was released pending a court appearance.

The Redskins said the organization has been made aware of the arrest. "We take these issues very seriously," GM Bruce Allen said. "Moving forward, we plan to meet with Byron and will continue to monitor the situation."

The Maryland driving under the influence of alcohol charge is the most serious charge he faces and carries a penalty of up to a year in jail and a $1,000 fine, as well as a six-month license suspension.

He is the second Redskins player to face alcohol charges this off season. Lineman Chad Rinehart was charged with public intoxication last month in Iowa.

Continue reading "Redskins' Westbrook charged with drunk driving in Maryland" »

A study using government crash data found an increasing number of young women are involved in fatal car accidents blamed on drunk driving, Business Week reported.

Many times drivers who face a Massachusetts OUI charge have never been in trouble with the law. In some cases they simply make a mistake and in other cases they can be unfairly targeted by law enforcement. Often an experienced Boston defense lawyer can successfully fight Massachusetts drunk driving charges for first-time offenders.

Unfortunately, many unfamiliar with the legal system underestimate the seriousness of a drunk driving charge and fail to consult a Boston defense attorney experienced in defending clients against Massachusetts drunk driving charges. Massachusetts drunk driving charges can result in jail time, fines, loss of your driver's license and can even impact your ability to hold certain jobs. Massachusetts drunk driving charges involving a car accident can be especially serious and should always be handled by an experienced DUI lawyer.

"Young women in particular turn to drugs and alcohol to cope and to feel like a part of the crowd or lose their inhibitions," said Laura Dean-Mooney, national president of Mothers Against Drunk Driving (MADD).

The study, based on data from the National Highway Traffic Safety Administration, found incidents of fatal crashes involving female drivers actually increased between1995 to 2007.

In 2008, one-third of all fatal Massachusetts car accidents (124 of 363) involved a drunk driver, accocrding to NHTSA.

The finding about the increase in drunk driving among women is published Feb. 18 in Injury Prevention.

During the 12 years examined, 179,891 fatal car accidents were recorded among drivers 16 to 24 years old. Accident rates declined slightly among young men. Accident rates increased for young women ages 19 to 24. Additionally, young women involved in fatal crashes were almost three times more likely to have alcohol in their system, researchers noted.

Continue reading "Study suggests fatal drunk driving accidents increasing among young women" »

Former NHL player Chris Chelios avoided a license loss for refusing a breathalyzer as the judge ruled that the police did not have enough evidence to support the one year license loss under Illinois DUI law for breathalyzer refusal. The judge reviewed a video of Chelios that showed him sway a little during the one leg stand, but Chelios presented evidence that he had nine knee operations during his NHL career. Accordingly, the judge ruled that there was insufficient evidence to support the license suspension for breathalzyer refusal.

While Chelios' knee injuries are well documented, given he played 24 years in the NHL for the Red Wings and Blackhawks, those arrested for a Massachusetts OUI can also present medical evidence to rebut claims of lack of balance and coordination on field sobriety tests.

Continue reading "Former NHL player Chris Chelios charged with DUI avoids breathalyzer refusal license suspension " »

The United States Supreme Court addressed the right of confrontation in a case called Briscoe v. Virginia. In Melendez Diaz v. Massachusetts, the United States Supreme Court held that the Commonwealth of Massachusetts could not offer a drug certificate of analysis without providing the defendant with an opportunity for cross examination. This decision ended the practice of trial by affidavit where prosecutors would prove that drugs were illegal narcotics by offering an affidavit from the chemist who conducted the analysis. The United States Supreme Court's Melendez-Diaz decision resulted in many drug convictions and gun charges being overturned by the court, though many were affirmed as the court found that the lack of confrontation to be harmless error.

Briscoe raised the issue of what type of notice and demand statute would satisfy the confrontation clause. At the time the United States Supreme Court granted cert in Briscoe, the Virginia notice and demand statute required the Government to give the defendant seven days notice of its intent to rely on the affidavit of the chemist and to file the notice with the court. The defendant is given an opportunity to call the chemist as an adverse witness with the state paying the cost for the subpoena. Since the United States Supreme Court granted review, Virginia amended its statute requiring the State to provide 28 days notice to the defendant and requiring the defendant to object 14 days prior to trial. Further, the new statute states that if the defendant properly objects the certificate is inadmissible without live testimony. Under the earlier statute at issue in the Briscoe case, the defendant would be allowed to call the chemist in the defendant's case in chief, which appear contrary to the holding of Melendez-Diaz and an attempt to shift the burden to a defendant in a criminal case.

Rather than address the issue, the court vacated the decision of the Virginia court and remanded the case for a decision not inconsistent with the Melendez-Diaz decision. The Briscoe decision is interesting as the court essentially declined to expand upon the Confrontation clause jurisprudence of the court. Instead, the court left the issue to be addressed by the lower courts.

The issue of the scope of the 6th Amendment confrontation clause will continue to be raised as a defense in DUI cases, to exclude breathalyzer test results and evidence of prior convictions.

Continue reading "United States Supreme Court decides 6th Amendment confrontation case Briscoe v. Virginia" »

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 " »

Distracted driving has a powerful new foe this year after the National Highway Traffic Safety Administration announced the creation of FocusDriven, the first nationwide non-profit organization dedicated to fighting distracted driving.

Massachusetts Criminal Defense Attorney Michael DelSignore reminds motorists that causing an accident while distracted, or under the influence of alcohol or drugs, can have serious consequences. Anyone criminally charged in the wake of a Massachusetts traffic accident should seek the advice of a qualified Boston defense lawyer right away.

FocusDriven will campaign for cell-phone free driving. The National Safety Council estimates more than 1 in 4 car accidents involve talking or texting on a cell phone. The government reports those using a cell phone have slower reaction times than people who are legally drunk with a blood-alcohol level of .08.

And the federal government estimates as many as one-third of all fatal car accidents involve a drunk driver. State law imposes serious penalties on anyone convicted of causing serious injury or death as a result of a Massachusetts DUI car accident. Consulting an experienced Boston DUI defense lawyer can help protect your legal rights.

"We're addicted," FocusDriven CEO and co-founder Jennifer Smith told ABC News. "We didn't think about how dangerous it could be ... a lot of people think, 'I'm fine.'"

Smith, whose mother was killed in September 2008 by a distracted driver, said, "Our brains just can't handle" texting or talking while driving.

Continue reading "Drunk or distracted driving could lead to criminal charges in Massachusetts" »

A 45-year-old Attleboro man faces a fifth-offense Massachusetts drunk driving charge after a motorist called police on a cell phone and followed the man's vehicle, claiming he was "all over the road," The Sun Chronicle reported over the weekend.

This is a very serious charge. A fifth-offense DUI charge carries a mandatory two-year jail sentence, a sentence of up to five years; a fine of up to $50,000 and a lifetime loss of driving privileges with no hardship consideration, under Massachusetts drunk driving law.

In this case, an experienced Massachusetts DUI lawyer should represent the defendant in Attleboro District Court.

The man was arrested in North Attleboro at Landry Avenue and Mt. Hope Street at about 8:45 p.m. Thursday. The patrolman spotted the defendant's pickup truck on Route 1 at Orne Street after receiving a dispatch to be on the lookout for an erratic driver, according to police.

A motorist who called police said he first spotted the vehicle in Walpole before spotting it again on Route 1 in Plainville. Police reported recovering an empty bottle of vodka from the vehicle.

The man faces charges of drunk driving, failure to drive within marked lanes, driving without a license, driving to endanger, and driving a motor vehicle with an open container of alcohol.

Continue reading "Attleboro man faces 5th Massachusetts drunk driving charge" »

A Massachusetts DUI stop must be based on the officer having reasonable suspicion that a motorist is committing a traffic violation or some violation of the criminal laws. In a DUI case, if there is not a lawful basis for the stop, a DUI lawyer may be able to have the entire case dismissed as a result of the unconstitutional stop.

Chief Justice Roberts of the United States Supreme Court in a dissenting opinion from the denial of certiorari in a case from Virginia, suggested that he would support a lowering of the standard of reasonable suspicion and allow motor vehicle stops based on anonymous tips even if the police do not witness any traffic violation. The Chief Justice stated that the impact of requiring a tipster to be known to the police or the officer to witness a traffic violation is that a drunk driver gets one free swerve before they can be legally pulled over.

The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizure and an anonymous tip has no indication of reliability, that the tip is accurate, that is not made to harass the motorist, for revenge, or that the tipster is being truthful with the police. A truly anonymous tip cannot be lawfully used to stop a motorist for an alleged drunk driving just as an anonymous tipster cannot tell the police that an individual has a weapon on them and justify the police to search the individual. The United States Supreme Court in Florida v. J.L., 529 U.S. 266 (2000) made this holding clear. The Chief Justice is essential trying to create a DUI exception to the Fourth Amendment prohibition against unreasonable search and seizures and established case law.

If a caller does not wish to leave contact information or to identify themselves to a police dispatch, the reliability of the caller is clearly called into question. In fact, few tips are truly anonymous. Courts use the fact that cell phones can be traced to hold that the tip was not anonymous. Many courts will find that a tip is not anonymous if the police could have discovered the identity of the caller or if the caller put their anonymity at risk in any way. Accordingly, in Massachusetts the issue in a DUI tip case will be whether the tip is anonymous; if the tip is truly anonymous, a Massachusetts DUI lawyer should be successful in having the case dismissed based on a violation of the motorist's Fourth Amendment and Article 14 rights under the Massachusetts Constitution.

Continue reading "Massachusetts OUI arrest based on 911 call and Chief Justice Roberts speaks out on DUI cases" »