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        <title>Massachusetts DUI Attorney Blog</title>
        <link>http://www.massachusettsduiattorneyblog.com/</link>
        <description>Published by Michael DelSignore</description>
        <language>en</language>
        <copyright>Copyright 2010</copyright>
        <lastBuildDate>Thu, 11 Mar 2010 01:59:22 -0500</lastBuildDate>
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            <title>Two face Massachusetts criminal charges in Taunton District Court after alleged police pursuit</title>
            <description><![CDATA[<p>Two men are facing a series of criminal charges in <a href="http://www.mass.gov/courts/courtsandjudges/courts/tauntondistrictmain.html" target="_blank">Taunton District Court </a>after a high-speed chase through four towns, the <a href="http://www.enterprisenews.com/news/cops_and_courts/x776892741/Stoughton-man-arraigned-following-multi-town-high-speed-chase" target="_blank">Brockton Enterprise reported. </a></p>

<p>A <a href="http://www.delsignoredefense.com">Taunton, Massachusetts defense attorney</a> should be called to represent anyone facing Massachusetts traffic or criminal charges in connection with a police pursuit. As this case illustrates, authorities frequently pile on the charges and a qualified <a href="http://www.delsignoredefense.com">Massachusetts criminal defense lawyer </a>will need to vigorously defend the accused. </p>

<p>A 26-year-old Stoughton man was charged with operating a motor vehicle on a suspended license, failure to stop for police, operating a motor vehicle so as to endanger, leaving the scene of property damage, unlawfully attaching a registration plate, operating an uninsured and unregistered motor vehicle, speeding, receiving stolen property worth less than $250, three counts of receiving stolen property worth more than $250 and marijuana possession. </p>

<p>A 20-year-old Norwood man was charged with receiving stolen property worth less than $250 and three counts of receiving stolen property worth more than $250.</p>

<p>The pursuit was sparked by Taunton police shortly before 11 p.m. as an officer reported giving chase to a black Jeep with stolen registration plates on Route 44 heading into Rehoboth. The officer lost the Jeep. But police spotted it about 45 minutes later at routes 118 and 44. </p>

<p>Authorities reported that the Jeep fled south at a high rate of speed. With officers in pursuit at speeds exceeding 90 mph, the vehicle was finally stopped on Locust Street by Swansea Police. Police report the Jeep struck a stone wall on Brook Street during the chase, causing extensive damage to the vehicle. </p>

<p>Police report that the plates were stolen from Fall River and the vehicle had three large industrial compressors, which police also suspect were stolen. The suspects were unable to post bail and were transported to the  New Bedford House of Corrections, </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/03/duo-faces-charges-in-taunton-d.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/duo-faces-charges-in-taunton-d.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">leaving the scene of an accident</category>
            
            
            <pubDate>Thu, 11 Mar 2010 01:59:22 -0500</pubDate>
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            <title>Massachusetts Drivers Charged With OUI at Sobriety Checkpoint Roadblock</title>
            <description><![CDATA[<p>Recently I wrote about <a href="http://www.massachusettsduiattorneyblog.com/2010/02/drivers-can-be-unfairly-charge.html">Massachusetts drivers being unfairly charged with OUI</a> at sobriety checkpoints. Despite the problems with these checkpoints, such as checkpoints' inefficiency in stopping drunk driving, police agencies in Massachusetts and around the U.S. continue to use them. <a href="http://www.salemnews.com/punews/local_story_053001037.html" target="_blank">Five Beverly police officers and fifteen Massachusetts State Police officers</a> conducted a sobriety checkpoint roadblock on a recent weekend. Of about 200 cars stopped between midnight and 2:30 AM on Feb. 22, six people were arrested--four for OUI and two for narcotics charges. The State Police brought their "BAT mobile," a large vehicle that has two Breathalyzers, satellite links to the RMV's records, and holding cells for those arrested. The links to the RMV's records allow police to immediately suspend the license of anyone who fails a Breathalyzer test. </p>

<p>According to The Salem News, police officers set up traffic cones to move all traffic into one lane, and stopped every car that crossed the Beverly-Salem bridge during the roadblock. They chose this location because it precludes escape -- in other locations, some drivers make U-turns to avoid checkpoints. Police tapped on each driver's window with their flashlights to get them to roll down their window, spoke with the driver while shining their flashlights into the car, and looked for signs of intoxication like bloodshot eyes, slurred speech, the smell of alcohol or open containers of alcohol. Fourteen drivers were selected for field sobriety tests, after which some drivers were detained in the BAT mobile. </p>

<p>As a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394688.html">Massachusetts OUI attorney</a>, I strongly urge those who are arrested at sobriety checkpoint roadblocks to seek legal counsel. The Massachusetts Supreme Judicial Court and the U.S. Supreme Court have established strict criteria for roadblocks, and an experienced <a href="http://www.delsignoredefense.com/lawyer-attorney-1396269.html">Massachusetts DUI lawyer</a> can challenge the prosecution to prove that the roadblock was conducted according to constitutional standards. Even if the roadblock was done correctly, a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html/">Massachusetts OUI lawyer</a> may be able to get the Breathalyzer test results excluded or attack the reliability of the results. </p>
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            <link>http://www.massachusettsduiattorneyblog.com/2010/03/massachusetts-drivers-charged.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/massachusetts-drivers-charged.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI Roadblocks</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">OUI car stops and constitutional limitations</category>
            
            
            <pubDate>Wed, 10 Mar 2010 01:41:08 -0500</pubDate>
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            <title>Stoughton Man Charged With Second Offense OUI in Stoughton District Court</title>
            <description><![CDATA[<p>As a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394682.html">Massachusetts drunk driving criminal defense attorney</a>, I was surprised to see that <a href="http://www.wickedlocal.com/stoughton/news/x1487809533/Stoughton-cops-make-five-OUI-arrests-in-one-day" target="_blank">the Stoughton police made five intoxicated driving arrests</a> in one day recently. As is routine in Massachusetts OUI cases, all five had their driver's licenses seized. All of the drivers were released on bail or on their own recognizance. </p>

<p>Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April. </p>

<p>The help of an <a href="http://www.delsignoredefense.com/lawyer-attorney-1533914.html">experienced Massachusetts OUI lawyer</a> is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI defense attorney</a> to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.</p>
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            <link>http://www.massachusettsduiattorneyblog.com/2010/03/stoughton-man-charged-with-sec.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/stoughton-man-charged-with-sec.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Interlock Device </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Subsequent Offense OUI </category>
            
            
            <pubDate>Sun, 07 Mar 2010 01:53:46 -0500</pubDate>
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            <title>Aggressive defense of Massachusetts OUI charges essential to protecting your rights</title>
            <description><![CDATA[<p>Two area men face <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI charges</a> 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. </p>

<p>A <a href="http://www.delsignoredefense.com">Massachusetts criminal defense attorney</a> 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. </p>

<p>A 36-year-old man pleaded innocent on Monday in <a href="http://www.mass.gov/courts/courtsandjudges/courts/attleborodistrictmain.html" target="_blank">Attleboro District Court </a>to drunk driving charges in connection with a single-vehicle accident over the weekend at Thacher and South Main streets.</p>

<p>The <a href="http://www.thesunchronicle.com/articles/2010/03/03/attleboro/7034969.txt" target="_blank">Sun Chronicle reported </a>that the Rhode Island defendant was driving an SUV that struck a utility pole around 3 a.m. Saturday.</p>

<p>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.</p>

<p>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 <a href="http://www.dailynewstranscript.com/news/x1017219186/Westwood-man-charged-with-OUI-in-Dedham" target="_blank">Dedham Transcript. </a></p>

<p>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.</p>

<p>The defendant made his first appearance in <a href="http://www.mass.gov/courts/courtsandjudges/courts/dedhamdistrictmain.html" target="_blank">Dedham District Court </a>and a pre-trial hearing has been set. </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/03/aggressive-defense-of-massachu.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/aggressive-defense-of-massachu.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Breathalyzer Testing</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI defenses </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
            
            <pubDate>Fri, 05 Mar 2010 12:24:42 -0500</pubDate>
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            <title>Texting While Driving May Become a Primary Offense in Massachusetts</title>
            <description><![CDATA[<p>On March 2, <a href="http://www.metrowestdailynews.com/news/x699612204/Senate-approves-elderly-driving-bill-texting-ban" target="_blank">the Massachusetts Senate voted</a> to deal with the threat of drivers distracted by text messaging, accepting a Massachusetts House plan to make texting while driving a primary offense. This means that police officers may pull over and cite drivers for texting, regardless of any other infractions the driver may be committing. It also opens up the possibility that drivers caught texting could also be cited for <a href="http://www.iihs.org/laws/SafetyBeltUse.aspx" target="_blank">secondary offenses such as not wearing a seat belt</a>.</p>

<p>Texting while driving has been recognized as an increasingly serious problem on the roads. As <a href="http://www.nytimes.com/2009/07/28/technology/28texting.html" target="_blank">the New York Times reported last summer</a>, the <a href="http://www.vtti.vt.edu/" target="_blank">Virginia Tech Transportation Institute</a> (VTTI) researched the issue and found the risk of crashing twenty-three times higher than it would be for a driver who is not distracted. VTTI Director Dr. Tom Dingus commented on the drastically increased crash risk for texters: "You should never do this. It should be illegal." Texting takes drivers' eyes and concentration away from the task of driving for much longer than other distractions like changing a radio station. According to Dr. Rich Hanowski, Director of the Center for Truck and Bus Safety at VTTI, "texting is in its own universe of risk." Further study is underway, but the message is clear.</p>

<p>Even more interestingly for <a href="http://www.delsignoredefense.com/lawyer-attorney-1394682.html">Massachusetts OUI criminal defense attorneys</a> like me, some research shows that texting while driving may actually be more dangerous than driving drunk. Scientists at the University of Utah found that texting leaves drivers twice as impaired as drivers with a blood-alcohol concentration of 0.08 or higher. The lead researcher, David Strayer, concluded that you're more likely to be hit by a texter than a drunk driver. However, as of May 2009, <a href="http://www.nytimes.com/2009/08/29/technology/29distracted.html?pagewanted=all" target="_blank">Utah is the only state that treats texting drivers as harshly as drunk drivers</a> who cause deaths, with up to 15 years in prison. In many other states, the practice is still completely legal, or legal for drivers over 21, while drivers who blow a 0.08 or higher face mandatory license suspensions and jail time.</p>
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            <link>http://www.massachusettsduiattorneyblog.com/2010/03/texting-while-driving-may-beco.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/texting-while-driving-may-beco.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">OUI laws </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">distracted driving </category>
            
            
            <pubDate>Fri, 05 Mar 2010 08:05:11 -0500</pubDate>
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            <title>Brockton man faces Massachusetts OUI charges in Quincy District Court</title>
            <description><![CDATA[<p>A 24-year-old Brockton man is facing <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI charges</a> after police say he rear-ended another car on Friday morning, the <a href="http://www.patriotledger.com/news/x2112775478/Brockton-man-charged-after-auto-accident-in-Braintree" target="_blank">Patriot Ledger reported. </a></p>

<p>In this case, Braintree police issued a summons for the defendant to appear in <a href="http://www.mass.gov/courts/courtsandjudges/courts/quincydistrictmain.html" target="_blank">Quincy District Court. </a></p>

<p>Police charged him with second-offense operating under the influence of alcohol, as well as operating on a suspended driver's license, negligent operation of a motor vehicle and having an open container of alcohol in a motor vehicle.</p>

<p>The defendant allegedly crashed his Nissan Altima into the rear of a Mazda driven by a Weymouth woman. The woman was stopped on Commercial Street at the Elm Street intersection.</p>

<p>Neither driver was seriously injured, according to the Patriot Ledger.</p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/03/brockton-man-faces-massachuset.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/03/brockton-man-faces-massachuset.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Subsequent Offense OUI </category>
            
            
            <pubDate>Tue, 02 Mar 2010 12:37:59 -0500</pubDate>
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            <title>Seekonk man faces Massachusetts OUI charge in Attleboro District Court</title>
            <description><![CDATA[<p>A 40-year-old Seekonk man faces a <a href="http://www.delsignoredefense.com/index.html">Massachusetts drunk driving charge</a> after being arrested following a brief foot chase in South Attleboro.</p>

<p>The Maple Avenue man was arrested near midnight Friday after an Attleboro Patrolman spotted a car driving at a high rate of speed, the <a href="http://www.thesunchronicle.com/articles/2010/02/21/news/6980420.txt" target="_blank">Sun Chronicle reported</a>. </p>

<p>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. </p>

<p>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. <br />
</p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/seekonk-man-faces-massachusett.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/seekonk-man-faces-massachusett.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
            
            <pubDate>Sat, 27 Feb 2010 01:40:08 -0500</pubDate>
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            <title>Drivers can be unfairly charged with Massachusetts OUI at sobriety checkpoints</title>
            <description><![CDATA[<p>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.</p>

<p>Anyone stopped and charged with Massachusetts OUI at a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394688.html">law-enforcement roadblock </a>or so-called "sobriety checkpoint," should contact a Quincy, Massachusetts defense lawyer to discuss their rights. </p>

<p>Such roadblocks must follow strict rules and many times evidence can be successfully challenged by a<a href="http://www.delsignoredefense.com"> Boston criminal defense attorney </a>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.</p>

<p>As we reported recently on <a href="http://www.massachusettsduiattorneyblog.com/2010/02/study-suggests-fatal-drunk-dri.html">Massachusetts DUI Attorney blog</a>, 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. </p>

<p><a href="http://www.kesq.com/Global/story.asp?S=12009561&nav=9ptCL6C1" target="_blank">ABC3</a> 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. </p>

<p>The <a href="http://www.abionline.org/" target="_blank">American Beverage Institute </a>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. </p>

<p>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.</p>

<p>Last year, the <a href="http://www.chp.ca.gov/" target="_blank">California Highway Patrol</a> screened 100,377 drivers across California and made 458 DUI arrests -- or less than .4%.  </p>

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

<p>"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.</p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/drivers-can-be-unfairly-charge.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/drivers-can-be-unfairly-charge.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI Roadblocks</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
            
            <pubDate>Thu, 25 Feb 2010 01:43:28 -0500</pubDate>
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            <title>Virginia suggests tough new interlock law for DUI offenders </title>
            <description><![CDATA[<p>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<a href="http://www2.insidenova.com/isn/news/politics/article/house_wants_ignition_locks_for_dui_offenders/52661" target="_blank"> News & Messenger reported.</a></p>

<p>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 <a href="http://www.delsignoredefense.com">Massachusetts OUI Lawyer</a>. </p>

<p>Ignition interlocks are just another example of the serious consequences a Massachusetts OUI conviction can have on your lifestyle and personal freedom. A <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI attorney</a> 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. </p>

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

<p>"In polling that's been done I can say it has widespread support," said <a href="http://www.madd.org" target="_blank">Mother's Against Drunk Driving </a>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." </p>

<p>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. </p>

<p>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.</p>

<p>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. </p>

<p>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.</p>

<p>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. </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/viriginia-suggests-tough-new-i.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/viriginia-suggests-tough-new-i.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Breathalyzer Testing</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
            
            <pubDate>Wed, 24 Feb 2010 16:10:58 -0500</pubDate>
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            <title>Massachusetts Fourth Offense OUI charge brought against Framingham woman</title>
            <description><![CDATA[<p>Framingham police brought a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394680.html">Massachusetts Fourth Offense OUI</a> charge against Yvonne A. Kadlik.  <a href="http://www.metrowestdailynews.com/news/x1868239584/Framingham-woman-charged-with-fourth-OUI" target="_blank">According to the news account</a>, Kadlik was traveling through the drive through at Walgreens to pick up a prescription when a store employee called the police claiming that she was under the influence of alcohol.  </p>

<p>While the complete details are unclear from the news account, it appears as though Kadlick may have a viable basis for a motion to suppress, arguing that the police officer did not have a proper basis to stop her vehicle.  Under the Fourth Amendment to the <a href="http://www.constitution.org/constit_.htm" target"_blank">United States Constitution</a>, a police officer needs reasonable suspicion to justify a motor vehicle stop.  It appears as though the basis of the stop comes from the report from the store employee.  At a motion to suppress hearing, the Commonwealth would have to produce testimony demonstrating the reliability and basis for the report by the store employee to justify the Fourth Amendment seizure.  </p>

<p>A <a href="http://www.delsignoredefense.com/index.html">Massachusetts Fourth Offense OUI</a> carries a mandatory one year jail sentence, a 10 year license loss and is a felony conviction.  Further on a Fourth Offense, many judges will exceed the minimum mandatory jail sentence as the law allows for a sentence of up to 2.5 years house of correction in the district court.  </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/massachusetts-fourth-offense-o.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/massachusetts-fourth-offense-o.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">4th Offense DUI </category>
            
            
            <pubDate>Wed, 24 Feb 2010 01:21:23 -0500</pubDate>
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            <title>Redskins&apos; Westbrook charged with drunk driving in Maryland</title>
            <description><![CDATA[<p>In another high-profile drunk driving arrest, Washington Redskins cornerback <a href="http://sports.yahoo.com/nfl/news?slug=capress-fbn_redskins_westbrook_arrested-198289536&prov=capress&type=lgns" target="_blank">Byron Westbrook has been charged</a> with drunk driving in Charles County, Maryland, according to <a href="http://voices.washingtonpost.com/redskinsinsider/byron-westbrook-charged-with-d.html" target="_blank">The Washington Post. </a></p>

<p>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 <a href="http://www.bostonherald.com/sports/football/other_nfl/view/20100220redskins_byron_westbrook_charged_with_dui/srvc=sports&position=also" target="_blank">Westbrook crossed the lane marker several times</a>. Deputies reported detecting a strong odor of alcohol and said he failed several field sobriety tests but declined the breath test. </p>

<p>Many times, an experienced <a href="http://www.delsignoredefense.com">Massachusetts OUI defense lawyer </a>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 <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts drunk driving charges</a> or DUI charges in Maryland or elsewhere in New England. </p>

<p>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. </p>

<p>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."</p>

<p>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. </p>

<p>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. <br />
</p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/redskins-westbrook-charged-wit.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/redskins-westbrook-charged-wit.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI defenses </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">OUI penalties </category>
            
            
            <pubDate>Mon, 22 Feb 2010 01:13:27 -0500</pubDate>
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            <title>DUI charge brought against Miami Dolphins cornerback Will Allen</title>
            <description><![CDATA[<p>Drunk Driving charges were brought against Miami Dolphins cornerback Will Allen.  <a href="http://www.allheadlinenews.com/articles/7017880195?Dolphins%20Cornerback%20Will%20Allen%20Facing%20DUI%20Charge" target="_blank">According to the news account</a>, Allen attempted <a href="http://sports.espn.go.com/nfl/news/story?id=4931172" target="_blank">to drive through a police barricade</a> that was used to create a detour.  Allen is reported to have taken a breathalyzer at the police station with readings of .152 and .167.  </p>

<p>Under <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI law</a>, a motorist is given two breathalyzer tests.  If a driver is only given one breathalyzer test, the results would be inadmissible.  The lower of the two readings is the only admissible breathalyzer reading that would be presented to a jury.  This aspect of <a href="http://www.delsignoredefense.com/index.html">Massachusetts DUI law</a> was recently reaffirmed by a case decided by the Massachusetts Appeals Court.  </p>

<p>In <a href="http://www.miamiherald.com/460/story/1491661.html" target="_blank">Allen's case</a>, there is a disparity between the two breathalyzer tests results.  This could be from a defect in the machine or failure of the police officer to follow proper procedures in administering the test.  In some cases an expert is necessary to explain the defect in the breathalyzer testing process to a jury.  </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/drunk-driving-charge-brought-a.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/drunk-driving-charge-brought-a.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Breathalyzer Testing</category>
            
            
            <pubDate>Sun, 21 Feb 2010 09:17:44 -0500</pubDate>
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            <title>Study suggests fatal drunk driving accidents increasing among young women</title>
            <description><![CDATA[<p>A study using government crash data found an increasing number of young women are involved in fatal car accidents blamed on drunk driving, <a href="http://www.businessweek.com/lifestyle/content/healthday/636128.html">Business Week reported. </a></p>

<p>Many times drivers who face a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts OUI charge</a> 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 <a href="http://www.delsignoredefense.com">Boston defense lawyer </a>can successfully fight Massachusetts drunk driving charges for first-time offenders. </p>

<p>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. <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts drunk driving charges </a>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. </p>

<p>"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 <a href="http://www.madd.org" target="_blank">Mothers Against Drunk Driving</a> (MADD).</p>

<p>The study, based on data from the <a href="http://www.nhtsa.dot.gov/" target="_blank">National Highway Traffic Safety Administration</a>, found incidents of fatal crashes involving female drivers actually increased between1995 to 2007.</p>

<p>In 2008, one-third of all fatal Massachusetts car accidents (124 of 363) involved a drunk driver, accocrding to NHTSA.</p>

<p>The finding about the increase in drunk driving among women is published Feb. 18 in<a href="http://injuryprevention.bmj.com/" target="_blank"> Injury Prevention</a>.</p>

<p>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. <br />
</p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/study-suggests-fatal-drunk-dri.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/study-suggests-fatal-drunk-dri.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI defenses </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">First Offense OUI</category>
            
            
            <pubDate>Sat, 20 Feb 2010 01:49:11 -0500</pubDate>
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            <title>Woman facing Massachusetts drunk driving charges after Foxboro accident</title>
            <description><![CDATA[<p>A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, <a href="http://www.thesunchronicle.com/articles/2010/02/16/news/6950927.txt" target="_blank">The Sun Chronicle reported. </a></p>

<p><a href="http://www.mass.gov/?pageID=eopsagencylanding&L=3&L0=Home&L1=Public+Safety+Agencies&L2=Massachusetts+State+Police&sid=Eeops" target="_blank">Massachusetts State Police</a> have charged the defendant with operating under the influence of alcohol, second offense, and operating under the influence resulting in serious injuries, negligent operation, speeding and a marked lanes violation. </p>

<p>The <a href="http://www.delsignoredefense.com/lawyer-attorney-1394678.html">Massachusetts drunk driving charges</a> stem from a weekend car accident in Foxboro.</p>

<p>Anyone facing charges for a <a href="http://www.delsignoredefense.com/lawyer-attorney-1394680.html">repeat-violation of Massachusetts drunk driving laws</a>, should contact an experienced <a href="http://www.delsignoredefense.com">Boston OUI defense lawyer</a>. Repeat offenders face hefty fines and longer jail time and license suspension. Being charged with drunk driving in connection with a car accident is a very serious legal matter. An experienced Boston criminal defense lawyer can help protect your rights. </p>

<p>In this case, the defendant's passenger remained in the hospital in serious condition on Monday.  The 48-year-old North Attleboro man was thrown from the defendant's truck as a result of the accident, which occurred on I-95 shortly before 5 p.m. on Saturday. </p>

<p>The driver lost control of the truck on the highway's southbound lane, careened across all three travel lanes and struck a tree in the median, the <a href="http://www.projo.com/news/content/Foxboro_Drunken_Driving_Accident_02-15-10_HCH_v8.38ab7b4.html" target="_blank">Providence Journal </a>reported. </p>

<p>Rhode Island state police said the woman waived extradition in Sixth District Court in Providence on Monday. Police arrested the woman early Sunday at a Rhode Island Hospital, where she was treated for minor injuries after the accident. </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/woman-facing-massachusetts-dru.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/woman-facing-massachusetts-dru.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">OUI Serious Bodily Injury </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Rhode Island DUI </category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Second Offense OUI</category>
            
            
            <pubDate>Wed, 17 Feb 2010 01:48:45 -0500</pubDate>
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            <title>Boston man pleads not guilty in Framingham District Court to Massachusetts OUI charge</title>
            <description><![CDATA[<p>A Boston man, Scott Rybert entered a not guilty plea to a Massachusetts OUI charge in Framingham District Court according to the <a href="http://www.metrowestdailynews.com/news/x1715240182/Scott-Ryberg-pleads-not-guilty-to-OUI-after-serious-crash" target="_blank">Metro West Daily News</a>.  Rybert was released without having to post bail on his promise to reappear in court.  </p>

<p>The news account indicates that Rybert ran a stop sign and caused a head on collision.  It appears that Rybert told the police that he came to a rolling stop.  The apparent seriousness of the accident will make Rybert's case more difficult to defend.  A <a href="http://www.delsignoredefense.com/">Massachusetts DUI lawyer</a> will want to frame the cause of the accident as ordinary negligence that was not caused by the effect of alcohol but simple careless driving.  One issue that will be important to investigate is roadway where the accident occurred to determine if on that roadway it is common for individuals to fail to stop completely.  </p>

<p><a href="http://www.delsignoredefense.com/lawyer-attorney-1489331.html">Defending a DUI involving an accident </a>requires a OUI lawyer to point out the defendant's coherence, coordination and mental ability to show that the accident was simply caused by inattention and negligence in driving rather than the effects of alcohol that impaired the driver's ability to operate safely.  </p>]]></description>
            <link>http://www.massachusettsduiattorneyblog.com/2010/02/boston-man-pleads-not-guilty-i.html</link>
            <guid>http://www.massachusettsduiattorneyblog.com/2010/02/boston-man-pleads-not-guilty-i.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">DUI accidents</category>
            
            
            <pubDate>Tue, 16 Feb 2010 17:48:03 -0500</pubDate>
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