Massachusetts DUI Attorney Blog

A Worcester woman has been charged in connection with a June 8 accident at Main and Mill streets that led to the death of an 86-year-old pedestrian, the Telegram reports.

A charge of vehicle homicide or OUI motor vehicle homicide in Worcester is a serious offense that in Massachusetts can lead to a minimum of more than two years in prison or up to 15 years behind bars. If alcohol isn't a factor, a person can still face up to 2 and a half years in prison, if convicted.

Westborough OUI defense lawyers have seen how a simple accident can change a person's life forever. Whether the driver was under the influence of alcohol or not, no one sets out to cause a serious accident.

The 49-year-old woman from Worcester, Elizabeth Eisnor, is the second person charged in the case. Previously charged was 19-year-old Jesus Pantoja, of Worcester.

According to police, Eisnor and Pantoja collided in the intersection that day. After impact, Pantoja's vehicle spun out of control and pinned the 86-year-old father of 21 between the vehicle and a building. The man died as a result of his injuries.

The Telegram reports that Pantoja was heading south on Main Street behind a tractor-trailer cab that was making a left turn. The 19-year-old then drove his Honda Civic through the red light, went around the cab and into the intersection.

Eisnor was driving a Chevrolet Impala west on Mill Street. Police say she stopped at the light for a few cycles and was trying to head into the intersection. She accelerated her vehicle as she hit the middle of the intersection, hitting the Civic's rear driver's side wheel, causing the spin.

Police allege she also ran a red light before striking his vehicle. Eisnor is charged with vehicular homicide by negligent driving. Pantoja is charged with motor vehicle homicide, a red light violation, failure to stop or yield and driving so as to endanger.

But the police department's scene reconstruction is slightly confusing. It states both Pantoja and Eisnor ran red lights, which would seem difficult to prove since they were going in different directions.

In vehicle homicide cases, it is critical for the defendant to hire their own scene reconstruction expert, typically a retired or former police officer, to do the same work that police do in setting up the scene. It is often possible to see something differently than police see and prove that the facts don't line up as investigators say they do.

In scene reconstruction, experts take measurements, using the photos, police reports and other evidence provided by prosecutors. Experts go to the scene of the crash and go over what it looks like to see if what is alleged physically could have occurred. They may even talk with witnesses to get their view of the incident. It is a scientific process than can be used to combat what the state alleges happened.

This is important in showing reasonable doubt. Given the extent of the possible penalties for drivers convicted of these serious charges, every step should be taken to ensure a fair trial is had. That means assessing all evidence and ensuring all facts are taken into consideration.

Continue reading "Worcester Woman Faces OUI Motor Vehicle Homicide Charge" »

Massachusetts OUI motor vehicle homicide charges were brought against Monica Mitchell out of the Falmouth District Court after police allege that she struck and killed a 16 year-old boy and failed to stop after the accident, according to the Boston Herald news report.

According to news accounts, the police received a report of a car striking a boy and taking off after the accident around 10:20 pm. Police saw the defendant in her vehicle near the accident scene with significant damage to her vehicle and stopped her.

Key to Mitchell's defense will be excluding statements that she allegedly made to the police that she consumed four glasses of wine while watching fireworks at a friend's house. The news accounts state that Mitchell appeared confused and said that she thought she hit something but was not sure. The police allege that Mitchell was asked to recite the alphabet and got through R before saying the letter X and that Mitchell's car contained a cup of wine in the center console.

As a Massachusetts DUI lawyer, one method of defending this case would be to challenge the admissibility of the statements made by the defendant as violating her rights under Miranda v. Arizona. Since the police clearly suspected that the defendant was involved in a hit and run accident, an argument could be made that the defendant should have been advised of her Miranda rights as she was in custody at the time of the police questioning. Even if this motion is unsuccessful, it would assist the defense by setting forth the likely testimony at the time of trial.

One possible weakness in the Commonwealth's case is the lack of field sobriety testing at the scene. In some cases, officers will make a quick and incomplete investigation. Here, the news reports mention only one field sobriety test and do not contain any details of Mitchell being unsteady on her feet, staggering or having trouble with balance. Additionally, drunk driving cases involving accidents often involve accident reconstruction testimony which could come from either the Commonwealth or the defense. One issue in the case will be identifying the location of the impact and where the boys were walking as well as the lighting conditions in the area. The severity of the erratic driving is important both in regards to a defense at trial and mitigation should a disposition be sought by the defendant.

A Massachusetts OUI motor vehicle homicide charge carries with it a minimum mandatory jail sentence of one year house of correction in district court. In this case, involving a 16 year old victim, the Commonwealth could seek an indictment and move the case to superior court, changing the sentence range from 2.5 years maximum in district court to a 15 year maximum sentence in superior court.

A 42-year-old Massachusetts man is facing vehicular homicide and OUI charges in Fall River for a New Year's accident that claimed the life of his passenger, The Herald News reported.

Police say Stephen Homol, 42, of Swansea, was driving a 2000 Infiniti on Reed Street shortly before 1 a.m. New Year's Day when he drove off the road and about 45 feet into the woods. Police spoke with Homol upon arriving on scene and called the emergency medical personnel to the scene to treat his 42-year-old passenger, who was conscious but was believed to have suffered a broken leg.

However, the passenger's condition began to deteriorate as emergency crews worked to extricate him from the vehicle. He was taken to Rhode Island Hospital, where he was pronounced dead.

Homol is charged with operating under the influence of liquor, motor vehicle homicide, negligent operation of a motor vehicle and leaving his lane of travel. Police reportedly smelled alcohol and say the defendant appeared unsteady on his feet. He allegedly told police he had been drinking in celebration of the New Year.

Under Massachusetts Law (Chapter 90 Section 24G) vehicular homicide is punishable by up to 15 years in prison if the case is brought to the superior court.

He was freed on $25,000 cash bail and ordered to refrain from drinking, report to a probation officer and submit to random drug and alcohol testing. The case is set for pre-trial hearing on Feb. 15.

Continue reading "Massachusetts vehicular homicide charge filed after alleged OUI accident in Fall River" »

Former Yankee's star Jim Leyritz has been found not guilty of DUI manslaughter at the conclusion of his trial in Fort Lauderdale, the Sun-Sentinel reported.

Massachusetts drunk driving defense lawyers have been following this trial, which has made nationwide news and been featured on a number of television shows, including CourtTV. The stakes were high. As we reported recently on our Massachusetts DUI Attorney Blog, Leyritz faced up to 15 years in prison if convicted. It also illustrated the dangers inherent when prosecutors and law enforcement push serious charges, especially in cases where there is such clear question of guilt.

While the jury found Leyritz guilty of DUI, the maximum penalty is up to 6 months in jail. The Sun-Sentinel said the evidence is so sketchy, that a far lesser sentence would be the only appropriate option.

Trial testimony revealed gaping holes in the prosecution's case, including whether Leyritz even ran the red light that resulted in the December 2007 crash. The former Yankee's catcher was charged with killing a 30-year-old mother of two, who was on her way home from her job as a bartender.

This case also illustrates the importance of having a defense lawyer who will thoroughly investigate the cause of a drunk driving accident in Massachusetts. In this case, the defense argued that the victim was even drunker than Leyritz, that she was not wearing her seat belt and that she was sending and receiving phone calls and text messages in the moments before the 3 a.m. crash.

Continue reading "Former Yankee star Jim Leyritz found not guilty of DUI manslaughter" »

A 20-year-old man was sentenced to 10 years in prison with all but 18 months suspended after being found guilty of felony involuntary manslaughter, News Channel 3 reported.

Michael Andrew Early, 20, testified he did not remember much of the night of Jan. 16-17, after a party at his house. Nor did he remember taking the keys of a truck from a sober driver and climbing behind the wheel with a BAC of .14, nearly twice the legal limit of .08 in Virginia. But he does remember waking up in the hospital and learning his good friend had died in a car wreck.

Under Massachusetts Law (Chapter 90 Section 24 G) vehicular homicide is punishable by up to 15 years in prison. A Massachusetts OUI defense lawyer would work to conduct a thorough review of the cause of the accident, which may include accident reconstruction. In order to be convicted of a charge related to a serious or fatal drunk driving accident, the state must prove both that the defendant was driving under the influence of alcohol or drugs, and that he or she was responsible for causing the accident that result in injury or death. If either cannot be proven, the State will be unable to prove its case beyond a reasonable doubt.

Police say he was driving 70 to 75 mph when he careened off a narrow back county road and flipped several times. Moments earlier, his 18-year-old girlfriend had been driving but apparently pulled over so he could drive.

The judge said it was the third sentencing for a drunk driving death in Gloucester that he has presided over in the last year.

Continue reading "Fatal DUI accident illustrates importance of thorough accident reconstruction in building proper defense" »

A 28-year-old Worcester man facing Massachusetts hit-and-run charges in Worcester has been released on $5,000 cash bail following arraignment, the Telegram reported.

The accident killed a 28-year-old Worcester corrections officer when his motorcycle was struck at Blackston Road and Whipple Street. The defendant, Joseph Ferrantino, is accused of turning onto Whipple Street and into the path of the motorcycles, which was southbound on Blackstone River Road. The defendant allegedly left the scene but called police about three hours later to report that he believed he had been involved in an accident.

A Worcester criminal defense attorney will work to seek a reduction or dismissal of some of the charges the defendant faces in this case. Despite calling and reporting the accident, he faces charges of vehicular homicide by negligent driving, leaving the scene of a personal injury accident resulting in death, driving so as to endanger, making an improper turn and failing to stop or yield. Massachusetts vehicular homicide (Chapter 90 Sec. 24G) is punishable by up to 15 years in prison.

Officers were called about 2 a.m. and responded to the scene involving the 1998 Harley-Davidson motorcycle. The victim was taken to UMass Memorial Medical Center -- University Campus, where he was pronounced dead at 2:30 a.m. Police say the motorcycle struck the passenger side of the car, ejecting the rider from the bike. Shortly before 5 a.m., police received a call from Ferrantino, who reported the accident. Investigators went to his home and found a 2004 Pontiac GTO with damage to the passenger side.

An Assistant District Attorney claims the defendant admitted to drinking before the accident but passed field sobriety tests administered by police.

The judge rejected a request by the state to set bail at $50,000 and also declined to impose restriction requested by the state's attorney, including that the defendant surrender his passport, undergo drug and alcohol evaluation, remain under house arrest and refrain from driving.

The judge noted that the Registry of Motor Vehicles could seek to suspend the defendant's driver's license if it saw fit to deem him a threat to public safety.

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 " »

Last week, I wrote about a crash that took the life of one Norwell teenager and will very likely ruin the life of another. This week, a similar story has caught my attention, this time on the North Shore. A nineteen-year-old woman was killed when her boyfriend, who was allegedly driving drunk, caused a rollover accident in his mother's Toyota 4Runner. As a Massachusetts OUI criminal defense attorney, my heart goes out to all of the young adults and their families hurt by these incidents, because I know how serious the consequences of such accidents are.

The Salem Gazette reports that Julia Gauthier, of Salem, was the front-seat passenger in Christopher Maxson's SUV, along with two other young men. Maxson, 19, of Marblehead, and the other men escaped with minor injuries, but Gauthier's injuries were fatal. According to the Boston Globe, Maxson told police that before the accident, he had been at a house party. Ready to leave at 1 a.m., he set out to take what he thought was a shortcut home. He ran two stop signs which he told police he didn't see. He then crashed into a Honda Civic and lost control of the 4Runner. The SUV smashed into three parked cars, rolled over, and smashed into a fourth parked car. Gauthier was ejected from the sunroof. She was pronounced dead at the scene.

According to Lynn Police Lt. William Sharpe, Maxson admitted in a police interview to having had "rum and Coke and some other drinks." Police officers on the scene said that Maxson had bloodshot, glassy eyes and that his breath smelled of alcohol. However, because he was being treated by medics, they did not administer field sobriety tests.

Nevertheless, Maxon was arraigned in Lynn District Court on several charges, including motor vehicle homicide while operating under the influence, according to the Boston Globe. He has pleaded not guilty to all counts. Prosecutors pointed out that Maxson was already on probation for a 2008 charge of possession of marijuana with intent to distribute, and that he had been ordered two years ago to take driver training courses to address his "reckless driving history" and "road rage." Prosecutors requested that Maxson's bail in this case be set at $25,000, and bail was set at $12,500. The bail was paid and Maxson remains under house arrest, restricted from leaving except for medical or legal appointments. Maxson has been ordered to have no contact with Gauthier's family, to drink no alcohol, and to submit to random drug and alcohol tests.

Continue reading "Massachusetts OUI motor vehicle homicide charges brought when accident resulting in death of girlfriend" »

A Norwell, Massachusetts teenager has been charged with motor vehicle homicide and multiple other OUI offenses after an accident that took the life of his friend. Traveling home from Scituate during his college spring break, William Ecclestone, 18, lost control of his blue Chrysler Pacifica on a densely populated stretch of Prospect Street in Norwell. The car struck a large tree, knocked down part of a fence, flipped over and landed on its roof in the front yard of 110 Prospect Street. According to New England Cable News, two neighbors said that the accident was so horrific that they wish they had not come outside to see it. You can see a full report in NECN's video:

According to the Norwell Mariner, Ecclestone sustained minor injuries and was able to climb out of the car himself, but his friend and neighbor, Ryan O'Donnell, 18, was not as lucky. O'Donnell was thrown from the car during the crash. He was treated by paramedics at the scene, but died of his injuries at South Shore Hospital in Weymouth. The young men had graduated from Norwell High School last year and were in their first year of college.

At the scene of the accident, Norwell police officers gave Ecclestone two field sobriety tests after noticing that his breath smelled of alcohol and his eyes were bloodshot and glassy. Police asked Ecclestone to count backwards and recite the alphabet, and upon judging that he had failed the tests, police arrested him for operating a motor vehicle under the influence of alcohol and took him to South Shore Hospital for treatment of his injuries.

Ecclestone is charged with OUI, manslaughter by motor vehicle, vehicular homicide by negligent operation, reckless driving, a marked lanes violation and speeding. He is currently being held in the Plymouth County Correctional Facility on $10,000 bail after an arraignment in Hingham District Court March 8. He will appear in court March 22. Police are looking into how Ecclestone acquired the alcohol since he is underage, and investigation into the accident continues.

Continue reading "Norwell, Massachusetts 18-Year-Old Faces Motor Vehicle Manslaughter for Alleged OUI Crash" »

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 Swansea, Massachusetts, man, Justin Nunes, age 22, was arraigned in Fall River, Massachusetts District Court on the charges of OUI motor vehicle homicide and negligent operation of a motor vehicle. According to news accounts, Nunes' vehicle left the road and struck a utility pole. An OUI motor vehicle homicide case may be heard in either the superior or the district court.

If the Commonwealth seeks an indictment, the case will go to the superior court where the potential penalty is drastically enhanced. While a district court judge can only impose a maximum sentence on one count of 2.5 years, a superior court judge, under a DUI homicide charge, can impose a maximum penalty of fifteen years in the state prison. If the case remains in the district court, the maximum penalty is 2.5 years with a one year minimum mandatory jail sentence in the house of correction.

In Nunes case, it is not clear what evidence other than the accident the Commonwealth has to prove that he drove under the influence of alcohol. The Commonwealth will likely rely on observations of the officers, potential civilian witnesses, and other potential witnesses to the defendant's driving and or conduct after the accident. If the defendant went to the hospital, the Commonwealth would attempt to obtain the medical records to prove the defendant's blood alcohol level.

Generally, an accident alone without additional evidence is not sufficient for the Commonwealth to prove beyond a reasonable doubt that the a defendant was under the influence of alcohol to sustain an OUI conviction. In Nunes case, it may be that the prosecutor amends the charges to a negligent operation or reckless operation death resulting. That would be an easier charge to prove because the focus would be on the driving that caused the accident rather than the defendant's level of impairment by alcohol which is difficult to determine without any blood alcohol evidence, breathalyzer evidence or observations. A negligent operation charge carries a potential penalty of 2.5 years, but does not carry any mandatory minimum jail sentence. Under either theory, the defendant faces a fifteen year loss of license from the Massachusetts Registry of Motor Vehicles.

An Attleboro, Massachusetts woman was arraigned on charges of Massachusetts vehicular homicide, driving negligently, failing to yield to a pedestrian and failing to slow for a highway maintenance worker. A skilled Massachusetts criminal defense attorney is necessary to defend against these charges.

According to the Sun Chronicle, Ngoc Hua, struck a city water department worker as he was attempting to close a water gate in the road because of a water main leak. He died a short time later.

As a condition of her release after arraignment, Hua was required to surrender her driver's license and passport. Although the District Attorney requested $10,000 cash bail, the Attleboro District Court Judge James Sullivan allowed Hua to remain free without bail based on the fact that she had no prior criminal history and that the primary purpose of bail is to ensure defendant's appearance in court.