Massachusetts DUI Attorney Blog

A 28-year-old Worcester man facing Massachusetts hit-and-run charges in Worcester has been released on $5,000 cash bail following arraignment, the Telegram reported.

The accident killed a 28-year-old Worcester corrections officer when his motorcycle was struck at Blackston Road and Whipple Street. The defendant, Joseph Ferrantino, is accused of turning onto Whipple Street and into the path of the motorcycles, which was southbound on Blackstone River Road. The defendant allegedly left the scene but called police about three hours later to report that he believed he had been involved in an accident.

A Worcester criminal defense attorney will work to seek a reduction or dismissal of some of the charges the defendant faces in this case. Despite calling and reporting the accident, he faces charges of vehicular homicide by negligent driving, leaving the scene of a personal injury accident resulting in death, driving so as to endanger, making an improper turn and failing to stop or yield. Massachusetts vehicular homicide (Chapter 90 Sec. 24G) is punishable by up to 15 years in prison.

Officers were called about 2 a.m. and responded to the scene involving the 1998 Harley-Davidson motorcycle. The victim was taken to UMass Memorial Medical Center -- University Campus, where he was pronounced dead at 2:30 a.m. Police say the motorcycle struck the passenger side of the car, ejecting the rider from the bike. Shortly before 5 a.m., police received a call from Ferrantino, who reported the accident. Investigators went to his home and found a 2004 Pontiac GTO with damage to the passenger side.

An Assistant District Attorney claims the defendant admitted to drinking before the accident but passed field sobriety tests administered by police.

The judge rejected a request by the state to set bail at $50,000 and also declined to impose restriction requested by the state's attorney, including that the defendant surrender his passport, undergo drug and alcohol evaluation, remain under house arrest and refrain from driving.

The judge noted that the Registry of Motor Vehicles could seek to suspend the defendant's driver's license if it saw fit to deem him a threat to public safety.

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

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Two men are facing a series of criminal charges in Taunton District Court after a high-speed chase through four towns, the Brockton Enterprise reported.

A Taunton, Massachusetts defense attorney 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 Massachusetts criminal defense lawyer will need to vigorously defend the accused.

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.

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.

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.

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.

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,

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Distracted driving has a powerful new foe this year after the National Highway Traffic Safety Administration announced the creation of FocusDriven, the first nationwide non-profit organization dedicated to fighting distracted driving.

Massachusetts Criminal Defense Attorney Michael DelSignore reminds motorists that causing an accident while distracted, or under the influence of alcohol or drugs, can have serious consequences. Anyone criminally charged in the wake of a Massachusetts traffic accident should seek the advice of a qualified Boston defense lawyer right away.

FocusDriven will campaign for cell-phone free driving. The National Safety Council estimates more than 1 in 4 car accidents involve talking or texting on a cell phone. The government reports those using a cell phone have slower reaction times than people who are legally drunk with a blood-alcohol level of .08.

And the federal government estimates as many as one-third of all fatal car accidents involve a drunk driver. State law imposes serious penalties on anyone convicted of causing serious injury or death as a result of a Massachusetts DUI car accident. Consulting an experienced Boston DUI defense lawyer can help protect your legal rights.

"We're addicted," FocusDriven CEO and co-founder Jennifer Smith told ABC News. "We didn't think about how dangerous it could be ... a lot of people think, 'I'm fine.'"

Smith, whose mother was killed in September 2008 by a distracted driver, said, "Our brains just can't handle" texting or talking while driving.

Continue reading "Drunk or distracted driving could lead to criminal charges in Massachusetts" »

A Massachusetts State Senator was charged with leaving the scene of property damage. The Senator released a statement saying that he was nervous because of his driving record and left the scene of the accident.

Massachusetts law requires a driver to stop at the scene of any accident, causing property damage. A conviction of leaving the scene of personal injury will result in a sixty day loss of license. An article in the Boston Globe speculated that the Senator left the scene because he had been drinking and to avoid the potential harsh consequences of a second offense drunk driving charge.

Massachusetts law imposes a more severe penalty for a motorist charged with leaving the scene of personal injury. Upon conviction, a motorist faces a one year loss of license. The statute requires a mandatory jail sentence of six months, though a judge would have the ability to suspend that sentence, meaning that a motorist could avoid severing six months if successful in completing probation.

In the Senators case, there is no evidence of alcohol consumption. In cases where there is evidence of alcohol consumption, many judges will impose a harsher sentence on a defendant, believing that the defendant left the scene to avoid the consequences of a Massachusetts DUI.