Massachusetts DUI Attorney Blog

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 North Attleboro woman was found innocent of drunk driving charges and will serve just several months of a 2 1/2 year prison sentence for a fatal car accident in 2004, according to the Attleboro Sun Chronicle.

Taunton District Court Judge Daniel O'Shea sentenced the woman to the House of Corrections after being found guilty on Dec. 9 of three counts of motor vehicle homicide and one count of negligent operation of a motor vehicle.

Anyone charged in an accident that involves serious injury or death should contact an Attleboro criminal defense lawyer right away, especially if allegations of drug or alcohol use are involved. An Attleboro defense attorney experienced in handling Massachusetts drunk driving charges in Taunton District Court, as well as other serious traffic and criminal offenses, can be critical to protecting your rights.

In this case, the 25-year-old defendant was found innocent of drunken driving and the judge also rejected the more serious felony charges of homicide by motor vehicle while driving drunk. She was also found innocent of possession of marijuana.

Though convicted in the fatal accident, she will only have to serve three months in jail and another three months on home confinement, with the balance of the jail time suspended. She will be on probation for two years, be subject to random drug and alcohol testing and be required to perform 50 hours of community service.

The Aug. 8, 2004 accident occurred at about 9:30 p.m. on Route 1 in North Attleboro near the former Kai Lua restaurant. She was driving south on Route 1 when she struck two women crossing the highway. One of the women was pregnant and both women were killed, along with the unborn child.

Continue reading "North Attleboro, Massachusetts woman found not guilty of drunk driving, faces lesser penalty in fatal 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.