Massachusetts DUI Attorney Blog

Traffic enforcement is expected to be heavy in and around Boston through the upcoming Labor Day weekend.

Sobriety checkpoints and increased enforcement leave motorists at increased risk of being charged with OUI in Massachusetts.

With at least five troopers struck by drunk drivers in recent weeks, authorities are redoubling efforts through the remainder of summer, the Massachusetts Highway Patrol reports.

"So far this year we have had 10 cruisers struck by drunk drivers," Patrol Col. Marian McGovern said. "That puts us on pace to reach last year's total of 20 cruisers hit by impaired drivers."

Earlier this summer, the Massachusetts Highway Patrol moved 37 troopers to the areas around the city with the highest crash rates, including Troop A, north of Boston to New Hampshire and west to I-495 as well as parts of Route 1, Route 128 and I-93. Other problem areas include Troop H, which runs from Boston to the Rhode Island border.

The end of summer and the Labor Day weekend are traditionally a great opportunity to spend some time with friends and family. Increased enforcement and roadblocks frequently lead to marginal arrests. An experienced Massachusetts OUI defense lawyer can often seek a reduction or dismissal of the charges, particularly for first-time offenders.

Remember: the best defense in the wake of a drunk driving charge is an experienced and aggressive offense.

Continue reading "Increased enforcement through Labor Day leaves motorists at increased risk for Massachusetts OUI charges" »

The Massachusetts Court of Appeals again addressed the definition of operation under Massachusetts OUI law. In the case of Commonwealth v. Cabral, decided, August 5, 2010, the defense attorney on appeals conceded that the under the influence element was satisfied and appealed on the operation and public way elements of the offense. Under Chapter 90 Section 24, to convict a driver of OUI in Massachusetts the Commonwealth must prove the following elements beyond a reasonable doubt:

1. that you operated a motor vehicle
2. on a public way or a way which the public has a right of access;
3. while you were under the influence of alcohol.

In most cases, the defense centers around the third element of a DUI offense, under the influence. In Cabral's case, the court found that the Commonwealth proved operation because she was behind the wheel, and the tires were spinning on the vehicle, even though it was not moving and she was not driving but trying to back the truck up. Further, the truck was off of the road and appeared to have been in an accident. The Appeals Court found that operation could be proven by circumstantial evidence and affirmed the defendant's conviction.

Continue reading "Massachusetts court addresses definition of operation in recent OUI ruling" »

New York will require ignition interlock devices for all first-time drunk drivers, the New York Times reported.

Under current Massachusetts law, ignition interlock devices are not required unless a defendant is convicted of a second or subsequent offense. The devices require a vehicle's owner to pass an alcohol breath test before a vehicle will start. New York is the latest state to make them mandatory for all offenders. The ever-increasing penalties for drunk driving convictions make it critical to hire an experienced Massachusetts OUI defense attorney to challenge a drunk driving charge. First-time offenses often can be taken to trial with little risk. Escalating penalties for subsequent offenses make it more important than ever to keep a first offense off your record.

New York's zero tolerance police will take effect Aug. 15. Anyone convicted of violating the state's drunk driving law will be required to install an ignition interlock breathalyzer device for a minimum period of at least six months.

New York is the 10th state to require the devices for all first-time offenders. Drivers must also pay a monthly lease fee of $70 to $110 and an installment fee of up to $100. The state has an average of 25,000 drunk driving arrests annually, including about 4,000 in New York City.

The devices have a low tolerance for alcohol. In New York, they will prevent a car from starting if a blood-alcohol level of .025 is detected, or about one-fourth of the legal limit of .08. Attempting to fool the devices by having someone else blow into them is a misdemeanor offense. And some devices are installed with a camera and require a rolling re-test after a period of 5 to 15 minutes, in an effort to make them more difficult to fool.

A failed test results in a beeping horn and an increasingly loud noise from the unit. It can also be programmed to restrict driving hours.

Continue reading "New York mandates interlock devices for first time OUI offenders" »

A Bridgewater man is facing Massachusetts drunk driving charges in connection with a Taunton OUI accident involving a state trooper, the Taunton Gazette reported.

Matthew Charette, 24, has pleaded not guilty to drunk driving in Taunton District Court. The crash occurred on Route 24 early Saturday morning and injured a state trooper and another motorist.

In the last month, a trooper has been killed and three other troopers have been injured after being hit by passing motorists. Four drivers are facing drunk driving charges in connection with the accidents.

Prosecutors allege that Charette had a blood-alcohol level of .17, more than twice the legal limit of .08 for drunk driving in Massachusetts. He is due back in court on Sept. 30.

Police say he crashed his 1996 Volkswagen Jetta into the back of a state trooper's cruiser, which was pulled over with activated flashing lights in the northbound breakdown lane of Route 24 in Taunton. The force of the crash pushed the cruiser into the rear of a 2006 Chrysler Sebring driven by a 22-year-old Brockton motorist who had been pulled over for a traffic violation.

Authorities say Charette's car flipped over as a result of the collision and he was found hanging upside down in his seat belt. Prosecutors say alcohol was found in his car and Charette admitted that he had been drinking. Investigators believe he may have fallen asleep before the crash because they found no skid marks or other evidence that he tried to stop.

Charette works at Bridgewater State College, where he is also a graduate student. His attorney said he has no prior criminal record.

Continue reading "Grad student facing Taunton, Massachusetts OUI charges after accident with state trooper" »

The Massachusetts Appeals Court upheld an OUI car stop in the case of Commonwealth v. Riedel, decided on June 1st. The case involved a motorist suspected of driving under the influence of alcohol who was stopped in Brewster by an Orleans police officer. Under Massachusetts law, the authority of a police officer is limited to the territory where the officer is a police officer. An officer only has authority to make an arrest outside of his territory if it is granted by statute or is part of the common law.

Massachusetts General Laws Chapter 41 Section 98 provides as follows: A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, may exercise such authority in any other city or town for any offense committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. The issue in Ridel's case was whether the defendant committed an arrestable offense. The Appeals Court held that the defendant's erratic driving gave the officer reason to believe that an arrestable offense was committed in his presence.

Massachusetts OUI arrests sometimes raise an issue of whether the officer had a lawful basis to make a motor vehicle stop. An extraterritorial stop is a defense that is handled through a motion to suppress. This type of defense based on the territorial jurisdiction of the officer could arise from an officer entering a neighboring town or when an officer crosses state borders.

I had a Second Offense Massachusetts OUI dismissed in the Attleboro District Court when my client was initially detained by the Rhode Island police. At the motion hearing the judge, agreed with my argument that the Rhode Island police lacked authority to detain my client in Massachusetts and it resulted in the case being dismissed.

Continue reading "MASSACHUSETTS OUI CAR STOP OUTSIDE THE TERRITORIAL JURISDICTION OF THE OFFICER UPHELD BY THE APPEALS COURT" »

A Pembroke, Massachusetts man, David McSweeney was charged with a Massachusetts OUI in Brockton District Court. McSweeney is alleged to have drove his motorcycle erratically on Washington and Temple Street according to a news account. A police officer stopping a motorcycle operator for DUI makes many of the same observations that an officer would make when stopping a car.

There are however some clues that an officer would look for particularly when stopping a motorcycle operator. The Brockton DUI defense lawyer could file a motion to suppress to challenge the basis of the stop, the accuracy of the witness' observations and the reliability of the account of the witness. In most DUI cases, if there is a good faith basis for a motion to suppress the stop, the motion is a valuable part of the case as it allow a DUI lawyer to hear the testimony of the officer regarding the driving prior to trial. By obtaining a transcript of the officer's testimony, there will now be two statements of the officer as to what happened, the police report and sworn testimony.

The critical aspect of this case will be excluding the breathalyzer test results from evidence. Without the breathalyzer results, there would be a chance to challenge the observations of the officer and opinion that McSweeney was under the influence at trial. If the breathalyzer cannot be excluded or a plea agreement is entered in this case, given the high breathalyzer reading, the motorist would have to attend an alcohol assessment under 24Q of the Massachusetts OUI law.

Continue reading "Massachusetts DUI for motorcycle driver heard in the Brockton District Court" »

A California judge issued an arrest warrant for Lindsay Lohan as she failed to appear in court for mandatory court hearing according to news accounts. The court date was to determine whether Lohan was complying with the conditions of her DUI probation. According to the news reports, it is alleged that Lohan missed alcohol counseling meetings.

As a Massachusetts DUI lawyer, Lohan's situation is commonly faced among many charged with DUI in Massachusetts. If a person accepts a guilty plea or is found guilty after trial on a first offense OUI, as a condition of probation, the individual will have to complete the 24D alcohol education program. Attendance at the 24D alcohol education classes is a requirement to successful completion of probation. Similarly, if a motorist is found guilty of a second offense OUI in Massachusetts, the motorist will have to attend a 14 day in-patient program and complete the aftercare component. Completion of these courses is a requirement to avoiding jail time on a probation violation hearing.

Lohan faces in California what appears to be similar to a probation violation or probation surrender hearing in Massachusetts. If a motorist accepts a plea of a Continuance Without a Finding, also known as a CWOF in the court, the motorist will have to complete the 24D alcohol education program, pay fines and fees and avoid committing any new offenses. If there are any violation of probation, either the individual fails to pay the money or complete the 24D program or commits new criminal offenses, the case is brought back to court for a probation violation hearing, which proceeds in a two step process in Massachusetts.

On the initial court date, the probation department will inform the judge whether the probation department is seeking a detention pending the final surrender hearing. If the probation department seeks a detention, the probation officer must convince the judge that there is probable cause to find the defendant in violation and that the judge should detain the defendant pending the final surrender hearing. In a typical Violation on a First Offense OUI, the probation department will not ask for a detention but set the matter down for a final surrender date. Typically, the surrender is resolved if the defendant attends the alcohol education program and gets in compliance with probation. In Massachusetts, there is no right to bail on a probation warrant or probation detention. If a judge holds a defendant prior to a probation violation hearing, there is no possibility of bail.

At a probation violation hearing, a judge can revoke the CWOF given at the initial plea, and revoke the probation and impose a sentence upon to the 2.5 year maximum penalty for the OUI offense.

Continue reading "Lindsay Lohan makes bail on warrant for alleged violation of DUI probation " »

A Massachusetts OUI child endangerment charge was brought against a Framingham man, Ronival D. Pires, after the police allege that he was under the influence while driving with his two year old daughter. Based on the news account, it appears that the police were called because his daughter was left in the back seat while Pires was in a convenient store. The news account does not indicate that the police observed any erratic driving, but that the car was stopped because the child was not in a car seat.

Police allege that Pires failed field sobriety tests at the scene. In this case, the police officer based his decision to arrest Pires on his apparent failure to perform field sobriety tests and an odor of alcohol. Generally, when an OUI arrest is made based almost entirely on field sobriety tests, a motorist has a strong case for trial. According to the news account, there is no evidence of erratic driving. Accordingly, a Massachusetts DUI lawyer will have an opportunity on cross examination at a trial to point out the numerous driving clues that drunk drivers display while driving and point out to the jury in this case there were no such clues. When there is no evidence of erratic driving, a DUI lawyer can present a strong defense that if the motorist was under the influence, there would have been erratic and unsafe driving.

The charge of child endangerment carries a severe penalty upon conviction. The statute imposes an additional one year license loss. The OUI child endangerment statute was added to Massachusetts OUI law as part of Melanie's Law enacted October 28, 2005. On a typical 1st Offense OUI in Massachusetts, a defendant would loss their license for 45 days.

Continue reading "Framingham man charged with Massachusetts OUI and child endangerment " »

A Groveland school committee representative has been charged with drunk driving after his 50th birthday celebration, Fox News reported.

Joseph D'Amore, 50 faces a first-offense Massachusetts OUI charge. He told a local paper he made a mistake and that the lack of judgment did not reflect on his ability to represent Groveland on the Pentucket School Committee.

While D'Amore's position makes him a public figure, this case illustrates the challenges people are facing at work in the wake of a DUI arrest. An experienced Massachusetts OUI defense attorney can often fight a drunk driving charge, keeping a conviction off your record and preventing the charge from being used against you by a current or future employer.

D'Amore won election to a second three-year term on the school committee at this week's election. Fox reports that the school representative and financial adviser was driving home from the party when he was stopped by police and given a breathalyzer test.

The charge was continued without a finding until April 22, 2011, which means if he follows court conditions and stays out of trouble, the case will be dismissed. However, although a CWOF, or continuance without a finding is not technically a conviction, the Massachusetts Registry of Motor Vehicles will consider the CWOF as a prior conviction for the purposes of OUI license suspensions.

Continue reading "School Committee representative charged with Massachusetts OUI in Groveland" »

Former New England Patriots running back Corey Dillon was charged with a DUI in California. Based on the news account, it appears that police allege that Dillion was driving too slowly when he was stopped by police officers. Dillion had a passenger in the car. At a DUI trial, an individual charged with DUI can call as witnesses any person who was present in the car, as a witness to the motorist's driving and interaction with the police officer.

Further, the news accounts has a booking photograph of Dillon. While the officer probably stated in the police report that Dillon had bloodshot and glassy eyes, the booking photograph does not show Dillon's eyes to be bloodshot. Accordingly, in a Massachusetts DUI trial, a lawyer would use the photograph to contradict the officer and argue that although the motorist was angry, the photograph does not show that he was under the influence of alcohol.

Continue reading "DUI charge for fomer New England Patriots running back Corey Dillon" »

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 39-year-old man has been sentenced to two years in jail after pleading guilty to charges stemming from a Massachusetts drunk driving accident last year, the Patriot Ledger reported.

Derrick D. Jones pleaded guilty to first-offense drunken driving, driving negligently, speeding and failing to stay in marked lanes. He admitted he was drunk when his speeding car struck a minivan head-on last year. He was sentenced to two years in Plymouth County jail by a Hingham District Court judge. He also must serve four years of probation.

Hingham police said seat belts and child safety seats likely saved the lives of the van's passengers, including a 30-year-old woman and her three young children. All four were treated and released at South Shore Hospital in Weymouth.

Jones was eastbound in a Chrysler 300 sedan near the Hingham rotary at 6:50 p.m. when his car went the wrong way on Summer Street, striking the Toyota Sienna. The children were ages 3, 2 and 2 months. Police estimated he was traveling 70 mph at the time of the crash. The Toyota spun off the side of the road; the Chrysler rolled onto its roof and ended up on the sidewalk. Jones and his passenger, a 52-year-old Braintree man, were also treated and released from the hospital.

Jones also faces charges in connection with several burglaries, including a break-in at the Super Petroleum station at the Hingham Rotary, which occurred Jan. 10, the Patriot Ledger reported. Police said the store's front window was smashed and surveillance cameras captured video evidence in that case. He faces charges of breaking and entering in the night, larceny of more than $250, and malicious destruction of property worth more than $250.

Continue reading "Hingham man gets 2-year jail sentence for Massachusetts OUI accident" »

A man from Dedham, Massachusetts, Eliot C. Feeley, is charged with a First Offense OUI in Massachusetts after being stopped by the Stoughton police. Police allege that Feeley struck a car in the parking lot of the Last Shot bar and left the scene of the property damage without providing his contact information. According to a news account, police claim that Feeley switched vehicles before being stopped for allegedly not having his headlights on. The police claim that the description of the motorist who left the scene of the property damage matched the description of Feeley.

The Massachusetts OUI attorney defending this case may have a strong case that Feeley was not under the influence of alcohol. According to the news report from the Patriot Ledger, there was no erratic driving observed by the police officer. The news account only notes that the officer observed bloodshot eyes and found Feeley's speech to be slurred. What will be significant is whether the officer noted any difficulty with balance and coordination. These details are usually contained in the details of the police report. In many cases, a DUI defense lawyer will focus both on what the officer includes in the police report as well as omits from the police report. At a Massachusetts OUI trial, typically a cross examination of the officer will focus on bringing out all the positive details that show that the motorist had good balance, coordination and normal ability to communicate. While the officer will generally not write those positive details in the report, a skilled cross examination by a DUI attorney can bring out those fact that may lead to a not guilty verdict at trial

Continue reading "Dedham man charged with OUI in Massachusetts after police claim he left the scene of property damage " »

Prosecutors decided not to bring DUI charges against Joey Porter acknowledging that they were unlikely to be able to prove the case beyond a reasonable doubt to a jury. In Massachusetts, it is extremely rare for a prosecutor to dismiss even a weak DUI case. Generally, even in cases that are difficult for the Commonwealth, the Commonwealth will proceed to trial as most prosecutors are unable to dismiss an OUI in Massachusetts pursuant to orders of the district attorney. Generally, even a case with a breathalyzer reading of .07 or .06, requires the case to proceed to a Massachusetts OUI trial.

Continue reading "Prosecutor acknowledges insufficient evidence to convict Cardinals' Linebacker Joey Porter of DUI" »

Arizona Linebacker Joey Porter was charged with DUI in California. According to news accounts, Porters friend was pulled over outside a Taco Bell when Porter pulled up to the scene. The officer requested Porter's license he refused to turn it over and rolled up the window. When the police officer tried to reach in, Porter slapped the officer's hand away. The officer grabbed Porter's arm and a confrontation ensued between Porter and the officer. Porter was charged with DUI, assault and battery on a police officer and resisting arrest.

In some Massachusetts DUI arrests, a OUI charge may arise from a confrontation with the officer. In Porter's case, it is unclear whether Porter was charged with DUI in retaliation for his confrontation with the police officer. It is unclear from the news accounts what evidence the police have that Porter was under the influence of alcohol. It does not appear that Porter drove erratically and in many cases with a confrontation with a police officer field sobriety tests are generally not given. An OUI lawyer in Massachusetts may defend a case like Porter's by trying to argue to the jury that although confrontation with the officer, the client was not under the influence of alcohol.

Continue reading "Arizona Cardinals Linebacker Joey Porter charged with DUI " »