Massachusetts DUI Attorney Blog

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" »

A 32-year-old Randolph man as been arrested by Stoughton police on Massachusetts drunk driving charges after his car struck a telephone pole on Central Street near the Route 138 intersection, according to the Stoughton Journal.

Police responded to the scene shortly before 5 a.m. Saturday and were told by a witness that the driver fled behind a home on nearby Packard Road. Based on the description of the driver provided by the witness, officers spotted the man near the rear of the house and called out for him to stop.

The defendant then reportedly ran, jumped a fence, and continued to run from officers. As officers closed in on the suspect, he allegedly reached toward his waistband as if he had a weapon, according to Stoughton police. Officers stopped him at gunpoint and no weapon was found.

Police identified the man as Emerson Dabresil, 32, of Randolph, and said he failed a series of field sobriety tests. Police also report the defendant had unauthorized prescription medication in his possession.

Dabresil was arrested and charged with operating under the influence of liquor, disorderly conduct, leaving an accident scene after property damage, possession of a Class E drug and negligent operation of a motor vehicle.

Continue reading "Stoughton defendant faces Massachusetts OUI charge, drug possession, after foot-chase" »

A Norton man allegedly on prescription drugs was arrested after nearly striking a detective's car and attempting to assault the officer at a red light, the Sun Chronicle reported.

An Attleboro defense lawyer should represent anyone facing Massachusetts OUI charges or charges of assaulting a police officer.

John Houlihan, of Plain Street, was arrested after police report he crossed lanes of traffic on Mill Street and nearly collided head-on with the detective's car. The officer turned around and followed the defendant, pulling behind his vehicle at a stoplight on South Main Street. Houlihan then reportedly charged the detective's unmarked cruiser in an aggressive manner.

The detective turned on his cruiser strobes and arrested Houlihan with assistance from another police officer. Police reported finding a prescription pill bottle with 27 Oxycontin pain pills missing along with $3,845 in cash in Houlihan's pocket.

Police say he failed a field sobriety test and admitted to consuming 10 to 15 Oxycontin pills. Houlihan was charged with operating under the influence of drugs, negligent operation of a motor vehicle, disturbing the peace, disorderly conduct, distribution of a Class B substance and assault.

He was jailed on $1,000 cash bail, pending arraignment this week in Attleboro District Court.

Continue reading "Prescription drugs lead to OUI drugs charges in Attleboro District Court " »

According to the Patriot Ledger, Massachusetts DUI drug cases are on the rise statewide. Arrests for DUI drugs nearly equal the total for all of last year for the first six months of 2009. The survey from the federal government states that Massachusetts has the third highest rate of drug driving in the nation. The increase in DUI drug arrests in Massachusetts is probably a result of increased officer training as more officer are being trained as DREs, drugged recognition experts.

A DUI drugs case involves officer giving a different set of tests and evaluation than for a DUI alcohol case. In some cases, a DUI drug arrest results when a suspect passes a breathalyzer test and the officer is still under the belief that the individual was impaired. If an officer finds evidence of drug use either through statements of the driver or smells an odor of marijuana or other narcotics, than the suspect may be charged with DUI drugs.

Continue reading "Drug Driving, DUI/OUI drug arrests on the rise in Massachusetts " »

According to some recent studies, cases involving DUI alcohol are down nationwide while cases of DUI drugs are on the rise. In Massachusetts, it is difficult for a prosecutor to prove an OUI drugs charge. Under Massachusetts Law, Chapter 90 Section 24(1)(a)(1), it is illegal to operate a motor vehicle under the influence of a narcotic drug, depressant or stimulant. To prove that a substance is an illegal drug the Commonwealth would have to show that the defendant was under the influence of a drug listed in Chapter 94C Section 1 of the Massachusetts General Laws. The statute also encompasses drugs listed by the United States Secretary of Health, Education and Welfare as habit forming.

In the case of Commonwealth v. Ferola, 72 Mass. App. Ct. 170 (2008), the Massachusetts Appeals Court held that the Commonwealth proved that the defendant was operating under the influence of Klonopin and amitriptyline and that the defendant's ability to operate a motor vehicle was impaired. The court stated that the Commonwealth had to also show that the substance is a drug that contains any quantity of a substance which the United States Attorney has by regulation designated as potentially habit forming. The court held that the Commonwealth would have to submit proof to the court by way of expert testimony, submitting the regulation into evidence or asking the court to take judicial notice that a substance is listed in the United States Attorney regulations. Accordingly, the court vacated the defendant's conviction.

While this issue was not raised in Ferola, in some case of driving under the influence of drugs, an issue, like in OUI alcohol cases, is whether the defendant is impaired. In DUI drug cases, generally the Commonwealth will rely on the training of a DRE, drug recognition expert to conclude that someone is under the influence of drugs. While every officer is trained to administer field sobriety tests, there are few DRE experts within each police department. Accordingly, it is more difficult to prove that a driver was under the influence of drugs in some cases because the officer will not have the necessary training to arrive at that conclusion.

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