Massachusetts DUI Attorney Blog

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" »

A 40-year-old Seekonk man faces a Massachusetts drunk driving charge after being arrested following a brief foot chase in South Attleboro.

The Maple Avenue man was arrested near midnight Friday after an Attleboro Patrolman spotted a car driving at a high rate of speed, the Sun Chronicle reported.

The vehicle reportedly fishtailed several times before coming to a stop. The defendant then allegedly fled on foot toward the railroad tracks near Bacon and Lord streets. Police say he was hiding in tall grass when he was found and arrested.

He is charged with failure to stop for police, having an open container of alcohol in his vehicle, operating under the influence of alcohol, and driving with a revoked license. He was transported to Sturdy Memorial Hospital over the weekend after complaining of chest pains unrelated to the arrest, police reported.

Authorities continue to tout DUI checkpoints as a way to reduce drunk driving while opponents maintain they are an inefficient law-enforcement tool rife with abuses and government overreaching.

Anyone stopped and charged with Massachusetts OUI at a law-enforcement roadblock or so-called "sobriety checkpoint," should contact a Quincy, Massachusetts defense lawyer to discuss their rights.

Such roadblocks must follow strict rules and many times evidence can be successfully challenged by a Boston criminal defense attorney experienced in fighting Massachusetts drunk driving charges. Such roadblocks are subject to abuse; even the mere fact that law enforcement is specifically targeting suspected drunk drivers can mean they are predisposed to file OUI charges.

As we reported recently on Massachusetts DUI Attorney blog, in a post regarding the apparent increase in DUI among young women, about one-third of fatal Massachusetts car accidents (124 or 363) involved a drunk driver in 2008.

ABC3 in Palm Springs reported that more than 1,000 people will die in drunk driving crashes in California this year. Police in Palm Springs spent $100,000 conducting eight DUI checkpoints last year. This year, they plan to spend $236,000.

The American Beverage Institute contends it is an inefficient use of tax dollars. "There's a far less expensive more effective mean called roving patrols that puts police officers out on the streets looking for negligent drivers of all kinds, speeding or drunk," spokeswoman Sarah Longwell said.

In one recent checkpoint, the department staffed a roadblock with 12 officers for 5 hours; they checked 533 drivers and arrested just 4 for DUI.

Last year, the California Highway Patrol screened 100,377 drivers across California and made 458 DUI arrests -- or less than .4%.

The American Beverage Institute contends DUI checkpoints catch moderate responsible drinkers, not the heavily intoxicated ones.

"What we want is targeted enforcement, police officers on the streets looking for dangerous drivers of all kinds, not pulling police officers off the streets, putting them in one spot in the hopes that a drunk driver might wander through, that is not a good use of taxpayer dollars," Longwell said.

Continue reading "Drivers can be unfairly charged with Massachusetts OUI at sobriety checkpoints" »

Virginia's House of Representative passed a law that would require all first-time DUI offenders to have ignition interlock devices placed on their car, which would prevent them from starting if a breath test detects alcohol on the driver, the News & Messenger reported.

Massachusetts law requires the devices for anyone with two or more OUI convictions; anyone charged with a First or Second Offense Massachusetts OUI should hire an experienced Massachusetts OUI Lawyer.

Ignition interlocks are just another example of the serious consequences a Massachusetts OUI conviction can have on your lifestyle and personal freedom. A Massachusetts OUI attorney can often fight for a reduction in charges or a not guilty verdict at trial, which can both reduce the penalty and the chances of the more serious consequences a future conviction can bring.

The bill, which would be one of the toughest in the country, now heads to the Virginia Senate.

"In polling that's been done I can say it has widespread support," said Mother's Against Drunk Driving spokesman Christopher Konschak. "On the Senate side, we've really never been able to get the bill to the full Senate because it gets killed in a smaller committee every time, and their concern is always its too harsh of a penalty for someone who has driven drunk one time."

Current Virginia law does not require interlocks for first-time offenders unless their blood-alcohol level was more than twice the legal limit. MADD's stated goal is to require interlock devices, which refuse to allow a vehicle to start for a driver when alcohol is detected, for all drunk driving offenders.

Other alcohol-related legislation in Virginia would institute harsher penalties for school bus drivers convicted of drunk driving, remove a mandate that an officer be present during a breathalyzer test and place limits on where families can permit an underage family member to consume alcohol.

Of particular concern from a legal-defense standpoint, is any law that would reduce the requirements and restrictions on administers of breathalyzer and field-sobriety tests. Defendants can often challenge the results of tests not administered properly or administered by an inexperienced operator.

Virginia is not alone in its tough stance against drunk drivers -- despite significant declines seen in alcohol-related traffic fatalities. Last year, the state posted the fewest alcohol-related traffic fatalities since 1996.

MADD also contends the devices would reduce other court-ordered but hard-to-enforce restrictions, such as driving privileges to and from work. If approved, the measure would require offenders to keep interlock devices on their cars for six months and pay a $65 monthly fee. Any positive tests for alcohol during the six months would start the six-month period over again.

Continue reading "Virginia suggests tough new interlock law for DUI offenders " »

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" »

A 39-year-old Attleboro man faces Massachusetts drunk driving charges after state police say he passed a marked police cruiser at over 100 mph on Interstate 95, the Sun Chronicle reported.

He pleaded not guilty to the charges in Attleboro District Court and was released without bail. An experienced Attleboro OUI lawyer should represent anyone facing drunk driving charges in Attleboro District Court.

Police reported the defendant passed the cruiser at high speed in the pre-dawn hours Sunday morning on I-95 South in North Attleboro. He was reportedly weaving in and out of traffic and nearly collided with several cars.

He was stopped in Attleboro after he was clocked on radar traveling 115 mph, according to state police. The defendant is due back in court on Feb. 22.

Continue reading "Attleboro, Massachusetts DUI charge alleges defendant passed cruiser at 115 mph" »

A city police lieutenant is facing drunk driving charges in Brockton after his car rear-ended another vehicle while he was off-duty over the weekend, according to the Brockton Enterprise.

The 48-year-old police officer will appear in Brockton District Court on the Massachusetts OUI charge.The officer was also cited for following too closely, Police Chief William Conlon said.

The chief said the accident occurred Saturday near Court and Cary streets, where the officer was driving his personal vehicle and was off duty. The officer was not arrested at the scene because he was taken to the hospital for treatment of a head injury after the airbag deployed.

The other driver was not injured, according to police.

"It is a serious occurrence," the chief told the Enterprise, adding that the officer could be disciplined internally at the conclusion of the investigation. "Incidents such as this are unacceptable."

Continue reading "Police officer faces Massachusetts drunk driving charge in Brockton District Court " »

A Milton school committee member received a hardship license and a minimal sentence, just days after admitting there is sufficient evidence to find him guilty of a Massachusetts drunk driving charge, according to the Patriot Ledger.

Hiring a Milton drunk driving (OUI/DUI) attorney can make a big difference in the penalty for violating Massachusetts drunk driving laws. A Milton drunk driving defense lawyer can often work to reduce the penalty, particularly for a first-offense Massachusetts drunk driving charge.

In this case, the defendant admitted sufficient facts in Quincy District Court, apologized and said he will not resign from the school committee.

The veteran school committee member reached an agreement with prosecutors at his Jan. 4 arraignment; the case was continued without a finding of guilt, and he was placed on one year of supervised probation and had his license suspended for 45 days. Two days later, he was issued a hardship license, allowing him to drive between 8 a.m. and 8 p.m.

He was arrested new Year's Day with a blood-alcohol level more than three times the legal limit.

Continue reading "Milton school official faces drunk driving charge in Quincy District Court" »

A Milton school committee member received a hardship license and a minimal sentence, just days after admitting there is sufficient evidence to find him guilty of a Massachusetts drunk driving charge, according to the Patriot Ledger.

Hiring a Milton drunk driving (OUI/DUI) attorney can make a big difference in the penalty for violating Massachusetts drunk driving laws. A Milton drunk driving defense lawyer can often work to reduce the penalty, particularly for a first-offense Massachusetts drunk driving charge.

In this case, the defendant admitted sufficient facts in Quincy District Court, apologized and said he will not resign from the school committee.

The veteran school committee member reached an agreement with prosecutors at his Jan. 4 arraignment; the case was continued without a finding of guilt, and he was placed on one year of supervised probation and had his license suspended for 45 days. Two days later, he was issued a hardship license, allowing him to drive between 8 a.m. and 8 p.m.

He was arrested new Year's Day with a blood-alcohol level more than three times the legal limit.

Continue reading "Milton school official faces drunk driving charge in Quincy District Court" »

The Law Offices of Boston defense attorney Michael DelSignore wishes everyone a safe and Happy New Year. Authorities will be blanketing the area with roadblocks and increased enforcement meant to combat drunk drivers and motorists should behave responsibly and know their rights.

We urge you to celebrate responsibly. But Boston Defense Lawyer Michael DelSignore believes those arrested for drunk driving in Boston over the New Year's holiday deserve an experienced and available Massachusetts drunk driving attorney to fight for their rights.

The firm will be available for a free consultation to anyone facing drunk driving or other serious traffic or criminal charges in Taunton District Court, Quincy District Court,Dedham District Court and Westborough District Court through the New Year's Holiday.

Don't make a bad situation worse by failing to protect yourself in the unfortunate event that you or a loved one is arrested or involved in an accident.

Massachusetts authorities will be out in force with sobriety checkpoints and other enforcement as part of the National Highway Traffic Safety Administration's "Over the Limit Under Arrest" campaign, which will work with local law enforcement to establish sobriety checkpoints, increased patrols and other measures aimed to increase Massachusetts drunk driving arrests through the New Year's holiday.

"Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more," Secretary LaHood said. "Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season."

The "Drunk Driving. Over the Limit. Under Arrest" campaign is scheduled to last through Sunday, Jan. 3.

The Providence Journal and other local media are reporting about increased enforcement throughout the upcoming New Year's holiday weekend.

Extra police are patrolling roads throughout Massachusetts. "Our officers will be out cracking down on drunk drivers around the clock," North Attleboro Police Chief Michael P. Gould Sr. recently told the Sun Chronicle. "We want people to enjoy themselves, but we want them to be smart, safe, and if they are driving, absolutely sober."

In Massachusetts, a first offense for operating under the influence is punishable with a one-year license suspension, fine of up to $5,000 or by imprisonment for up to 2 1/2 years. Anyone charged with drunk driving in Taunton, Quincy, Dedham, Westborough or the surrounding area should contact a qualified drunk driving defense attorney to discuss their rights.

Anyone stopped at a sobriety checkpoint or roadblock in Massachusetts and charged with DUI/OUI should contact a defense lawyer right away. While such roadblocks are constitutionally permissible in Massachusetts, such cases are often defensible as typically police observe no erratic driving and are relying solely on the results of the field sobriety tests.

A Boston drunk driving defense lawyer may also be able to challenge the results of you Massachusetts field sobriety tests.

Those who refuses a breathalyzer in Massachusetts faces a 15-day time limit to requst a hearing with the Registry of Motor Vehicles. Anyone who refuses a breathalyzer and faces a Boston drunk driving charge over the New Year's holiday should contact a qualified Boston drunk driving defense lawyer right away to help preserve your right to drive.

Continue reading "Boston drunk driving attorney available for those facing DUI charges over the New Year's holiday" »

A Fall River, Massachusetts police officer, Kevin Dolan, was charged with a Massachusetts DUI after being involved in a rear end car accident. According to the news account, Dolan was arrested after the police officer made observations about his sobriety. The news report does not indicate what those observations were.

The Herald News report indicates that the accident was a rear end accident caused by Dolan. Assuming this is the case, the nature of the accident does not appear to support an inference of drunk driving. Rear end accidents are fairly typical and at an OUI trial, a police officer would acknowledge that most rear end accidents have little to do with alcohol consumption. In contrast, a one car accident or an accident that reveals serious driver error like going on the wrong side of the road or lack of control of the car, would raise a strong inference of OUI. In this case, if there is no other strong evidence of impairment, like statements by the officer, failure of field sobriety tests or other observations of the officer, the motorist may have a promising case for trial in the Fall River Court. Cases involving solely evidence of accident without other significant evidence of lack of balance, self control and mental ability by the motorist, present difficult cases for the Commonwealth to prove beyond a reasonable doubt before a jury.

Continue reading "Massachusetts OUI charge for Fall River police officer " »

A Massachusetts OUI requires the Commonwealth to prove three things beyond a reasonable doubt: First, the Commonwealth must prove that the defendant operated a motor vehicle; second, on a public way and third while under the influence of alcohol.

These elements of a Massachusetts OUI all require that the defendant was operating a motor vehicle. A Staten Island women was charged with DUI and child endangerment when she was alleged to have drove drunk with her two children in the car. A Massachusetts OUI child endangerment conviction will result if a defendant is convicted of DUI with a child under 14 in the car. In the Staten Island case, the defense lawyer contends that the defendant was not operating a motor vehicle.

In any Massachusetts DUI case, the Commonwealth has to prove that the defendant operated a motor vehicle. If there is a defense as to operation, a criminal defense lawyer can call witnesses to support the defense. Even if a motorist is under the influence, the government still needs to prove the element of operation under Massachusetts OUI law.

In Massachusetts you can be arrested for OUI even if you are under the legal limit and register a .07 or .06 on the breathalyzer test. If you score a .05 or below, Massachusetts OUI law does not allow for the police to charge you if you are over 21 and not driving a commercial vehicle.

The arrest of Senator Kerry daughter, Alexandra Kerry underscores that police can charge you with DUI even if you are below the legal limit. Of course, any case with a breathalyzer reading under the legal limit will be a difficult case for the Government.

If a breathalyzer test result is below the legal limit, the Government will try to argue that the alcohol still impaired your ability to drive. This would require evidence of erratic operation, lack of balance and coordination, lack of mental abilities, unusual actions of the motorist, or lack of self control at booking or at the scene. In Alexandra's case, it appears as though there is no evidence of erratic driving as she was stopped for a registration issue.

While it is frustrating to be charged with a Massachusetts DUI if you are below the legal limit, these cases generally should be taken to trial as often they are handled by way of a jury waived bench trial as few judges would find that the Commonwealth can prove its case beyond a reasonable doubt when the Government's own prized piece of evidence, the breathalyzer, is in the corner of the defendant.

Continue reading "Can you be arrested for a Massachusetts OUI with a .06 or .07 breathalyzer result" »

The New York legislature is considering passing a child endangerment statute similar to the one adopted by the Massachusetts legislature. Under Massachusetts OUI law, Chapter 90 Section, 24V, any OUI charge while a child is present in the car who is under 14 will result in a motorist being charged with OUI child endangerment. This offense is taken very seriously by Massachusetts judges and could result in the imposition of jail time and will result in a one year loss of a Massachusetts driver's license upon conviction.

The legislation contemplated in New York would make an DUI child endangerment a felony offense. Additionally, the New York legislature is contemplating requiring the ignition interlock device after a first offense DUI conviction.