Massachusetts DUI Attorney Blog

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.