Massachusetts DUI Attorney Blog

An Attleboro man has been sentenced to probation following a Massachusetts drunk driving accident that killed his stepfather, the Sun Chronicle reported.

The Falmouth judge granted the wishes of the man's mother, who was seriously injured in the crash but pleaded for mercy on her son's behalf. Shawn Potrzuski, 33, was placed on probation for two years after pleading guilty Thursday in Falmouth District Court to vehicular homicide while driving under the influence of alcohol.

Massachusetts vehicular homicide is punishable by up to 15 years in prison. The defendant was also ordered to abstain from alcohol and to submit to random drug and alcohol testing.

The accident occurred Oct. 18, as the family was returning from a wedding in New Seabury; their SUV veered off the road and struck a tree. Potrzuski's stepfather, Robert Coffey, 46, of North Attleboro, was killed.

"Shawn is willing to face the consequences of his actions, but please don't make him pay for what was not his fault," his mother, Karen Coffey, wrote in a victim impact statement to the court. She suffered a broken hip and foot and said she has been heartbroken by the loss of her husband and the impact the crash has had on her son's life. "This was a tragic accident - no more and no less. A very tragic accident, with many victims, including Shawn."

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A Cape Cod teen was back in court Monday to face a Massachusetts vehicular homicide charge, three days after fleeing court during her arraignment, the Boston Globe reported.

Gina Giovangelo was ordered held on $500,000 bail, three days after she fled the courthouse while awaiting arraignment for the hit-and-run death of a woman in a wheelchair. Giovangelo's situation underscores that bail is meant to ensure a defendant's appearance in court. In many cases with serious criminal offenses, a defendant may not have to post any bail or may have a relatively low bail because the defendant does not have any history of not showing up at court. It is clear that a high bail was necessary given that even a 10, 000 bail did not ensure Giovangelo's appearance in court as she forfeited the bail by fleeing from court. When a court sets bail, the court considers a number of factors set forth in Massachusetts General Laws Chapter 276 Section 58. These factors include, ties to the community, prior criminal record, including prior record of defaults or not appearing for court, record of drug convictions, violations of 209A restraining orders as well as the seriousness and nature of the offense for which the defendant is charged and the potential penalty.

Giovangelo is charged with motor vehicle homicide and leaving the scene of an accident involving death. Vehicular homicide is punishable by up to 15 years in prison under Massachusetts law.

She was scheduled for arraignment on Friday but never returned to court after a cigarette break. She was initially released from jail on a $10,000 bond. The judge said she must forfeit that money as a result of fleeing, according to the Boston Herald.

She was arrest at a Wareham motel after police received a tip about her location. She reportedly fled into the woods and was captured after a 45-minute chase.

Two friends at the hotel, Cameron Byers, 20, and Jordan Robinson, 20, were charged with being accessories after the fact, according to the Boston Globe. Both pleaded not guilty.

The teen is charged in the death of a 47-year-old woman who was crossing North Street in downtown Hyannis, when she was struck in her wheelchair by a hit-and-run driver. A passenger in Giovangelo's vehicle reportedly told police the teen fled despite knowing she had hit someone because a pocketbook hit the windshield.

Continue reading "Cape Cod teen back in court to face Massachusetts motor vehicle homicide charge" »

A Norwell, Massachusetts teenager has been charged with motor vehicle homicide and multiple other OUI offenses after an accident that took the life of his friend. Traveling home from Scituate during his college spring break, William Ecclestone, 18, lost control of his blue Chrysler Pacifica on a densely populated stretch of Prospect Street in Norwell. The car struck a large tree, knocked down part of a fence, flipped over and landed on its roof in the front yard of 110 Prospect Street. According to New England Cable News, two neighbors said that the accident was so horrific that they wish they had not come outside to see it. You can see a full report in NECN's video:

According to the Norwell Mariner, Ecclestone sustained minor injuries and was able to climb out of the car himself, but his friend and neighbor, Ryan O'Donnell, 18, was not as lucky. O'Donnell was thrown from the car during the crash. He was treated by paramedics at the scene, but died of his injuries at South Shore Hospital in Weymouth. The young men had graduated from Norwell High School last year and were in their first year of college.

At the scene of the accident, Norwell police officers gave Ecclestone two field sobriety tests after noticing that his breath smelled of alcohol and his eyes were bloodshot and glassy. Police asked Ecclestone to count backwards and recite the alphabet, and upon judging that he had failed the tests, police arrested him for operating a motor vehicle under the influence of alcohol and took him to South Shore Hospital for treatment of his injuries.

Ecclestone is charged with OUI, manslaughter by motor vehicle, vehicular homicide by negligent operation, reckless driving, a marked lanes violation and speeding. He is currently being held in the Plymouth County Correctional Facility on $10,000 bail after an arraignment in Hingham District Court March 8. He will appear in court March 22. Police are looking into how Ecclestone acquired the alcohol since he is underage, and investigation into the accident continues.

Continue reading "Norwell, Massachusetts 18-Year-Old Faces Motor Vehicle Manslaughter for Alleged OUI Crash" »

A Massachusetts felony conviction for OUI motor vehicle homicide was reversed by the Massachusetts Appeals court as the trial judge improperly denied the defendant's challenge to the prosecutor's preemptory challenge. Under the United States Constitutional and the Massachusetts Declaration of Rights, a defendant is entitled to a jury that is selected from affair selection of the community and is not selected based on racial discrimination. While generally either side in a criminal case, can exclude at least two jurors without regard to cause, referred to as a preemptory challenge. Neither the prosecutor or defendant is allowed to strike jurors based on race or gender discrimination under the United States Supreme Court case law. Under the Massachusetts Declaration of Rights, a defendant has a similar right to a race neutral jury, which was set forth in the case of Commonwealth v. Soares.

In Commonwealth v. Douglas, decided by the Massachusetts Appeals Court, the court overturned a conviction for OUI motor vehicle homicide and negligent operation of a motor vehicle because the trial judge did not ensure that the prosecutor excluding a juror based on racial neutral reasons. Douglas involved a case where a prosecutor attempted to exclude the only black juror from the jury panel, which prompted an objection from the defense counsel. The prosecutor stated that the juror was excluded

As an experienced Massachusetts OUI criminal defense lawyer, it is crucial to ensure that a jury panel is selected fairly and not based on any racial or gender discrimination.

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A Milford, Massachusetts woman was arraigned on motor vehicle homicide charges after allegedly going through a stop sign and causing the death of Richard Grossi. A charge of motor vehicle homicide by negligent driving is a charge that carries a maximum penalty of two and one half years in the house of correction as well as a 15 year loss of license.

The defense will likely retain an accident reconstruction expert to determine the extent to which speed may have been a factor in the accident or other road conditions.

An Attleboro, Massachusetts woman was arraigned on charges of Massachusetts vehicular homicide, driving negligently, failing to yield to a pedestrian and failing to slow for a highway maintenance worker. A skilled Massachusetts criminal defense attorney is necessary to defend against these charges.

According to the Sun Chronicle, Ngoc Hua, struck a city water department worker as he was attempting to close a water gate in the road because of a water main leak. He died a short time later.

As a condition of her release after arraignment, Hua was required to surrender her driver's license and passport. Although the District Attorney requested $10,000 cash bail, the Attleboro District Court Judge James Sullivan allowed Hua to remain free without bail based on the fact that she had no prior criminal history and that the primary purpose of bail is to ensure defendant's appearance in court.