Massachusetts DUI Attorney Blog

A first offense Massachusetts OUI charge and child endangerment charge was brought after a mother from Somerset was allegedly found drunk in her car with her child, The Herald News reports.

Being charged with OUI in Rehoboth is a serious, and potentially life-changing, event. Having additional charges levied by police and prosecutors can make a bad situation worse.

But it doesn't mean you are powerless. Hiring an experienced Massachusetts OUI lawyer can have a positive impact on the outcome of your case.

In some cases, evidence seized by police can be tossed out of an OUI case if procedures weren't followed. And individual pieces of evidence, such as breath test results and field sobriety testing, may be inadmissible in some cases. A lawyer is the best way to address those facts and whether or not they belong in an OUI case.

Rehoboth police allegedly found the woman inside an unlocked vehicle in a parking lot. Police said her 3-year-old son was inside the vehicle as well.

According to a police report, the woman was passed out with blood on her face and hands, the newspaper is reporting. The car had minor front-end damage, police said, opining that the vehicle may have hit a tree or stump. The vehicle was found in a parking lot at the edge of Middlebrook Country Club's parking lot on Pleasant Street.

When police awoke the woman, she allegedly displayed signs of intoxication. Officers spotted a bottle of vodka in the car's front seat. Officers said it was half-empty. The woman was taken to the hospital and treated and the boy's father was called to pick him up.

After being arraigned, Roberts was released on $2,500 cash bail and is scheduled to appear back in court in mid-December.

A child endangerment conviction can lead to a driver's license loss for one year. In some cases, that charge and other related charges can be dropped if the defendant agrees to enter a plea to the OUI charge. But that may not be the best plan of action and taking the prosecutor's first plea offer may not serve the defendant well, either.

In Massachusetts, in order to be found guilty of OUI, the prosecution must prove the three elements of the crime -- that the defendant operated the vehicle, that the defendant did so in a public place and that while operating the person was under the influence or their blood-alcohol level was above 0.08.

Proving that a person was "operating" a vehicle can be difficult sometimes, if the person isn't pulled over by police while driving. But the state has made it easier for the state to prove because even people whose cars are parked can be considered to be operating the vehicle.

Continue reading "Mom Charged With Rehoboth First Offense OUI After Vodka, Toddler Found in Car" »

A Cohasset, Massachusetts mother faces a Massachusetts OUI charge as well as a charge of child endangerment as police claim, the Cohasset mother was driving under the influence of alcohol according to a report in the Patriot Ledger. The Patriot Ledger reports that an OUI child endangerment charge comes with stricter sentencing guidelines. A child endangerment charge cannot be continued without a finding, but mandates that the court impose upon conviction a ninety day jail sentence. The statute would allow for that sentence to be suspended, meaning that a motorist would not actually have to serve ninety days. The OUI child endangerment statute was added to Massachusetts DUI laws as part of Melanie's Law and can be found at Chapter 90 Section 24V of the General Laws.

The child endangerment charge makes the decision whether to elect a trial or resolve the case more complex. Upon conviction of child endangerment, there is a one year license loss. In some cases, a prosecutor may agree to drop the endangerment charge in exchange for a plea to the OUI offense.

This case may present strong defenses. The observations reported in the Patriot Ledger all appear to be observations that can be minimized at trial. No driver drives perfectly straight down the road at all times; in fact it is common to see drivers make errors and correct their steering. In this case, it appears that the car drifted over the double yellow line. It is likely that after the officer put his blue lights on, the driving was normal and appropriately. This can be used to argue that the drifting resulted from inattention to the road rather than alcohol consumption.

Additionally, the news account claims that the motorist had trouble finding the registration and handed the officer a pile of papers. In many police reports, the officer will claim almost any action is a sign of someone under the influence; either the motorist took too long looking for the correct document or being nervous gave the officer several documents to find the registration.

In some cases, police reports can appear extremely negative to someone charged with a Massachusetts OUI offense. However, I have met with many motorists and explained what appeared to be a very negative report presents some important defenses in the case. If you have any questions about the significance of any observations made by an officer in your police report, feel free to call me at 781-686-5924 or send an email through this website addressing your question.

Two motorists are facing Taunton OUI charges and allegations of child endangerment after being accused of driving while intoxicated with children in the vehicle, the Taunton Daily Gazette reported.

The two were arrested during separate incidents and will appear in Taunton District Court. Allegations of drunk driving that involve children frequently result in child endangerment allegations and are best handled by an experienced Taunton defense lawyer. Failure to properly handle either charge can result in significant consequences, including the involvement of child welfare officials in your affairs.

Massachusetts Child Endangering (Chapter 265: Section 13L) is punishable by up to 2 1/2 years in prison.

Stacy Bouthillier, 38 Raynham, is accused of attempting to flee the scene of an accident while driving with her 18-month-old infant. Police say she backed her car into another person at about 7:15 p.m. The accident happened on North Main Street as she attempted to turn into Briarcliff Apartments. As the other driver got out of her car in an attempt to trade information, Bouthillier put her car in reverse and backed into her, causing minor injuries.

She was eventually found in the area and arrested on charges of operating under the influence of alcohol, leaving the scene of a property damage accident, negligent operation of a motor vehicle, child endangerment while operating under the influence and assault and battery with a dangerous weapon (a motor vehicle).

In the second case, Carlos Ramos, 41, was arrested shortly after 9 p.m. Saturday after a trooper reported he was weaving across the double yellow line near Dean Street. Police say a breathalyzer examination showed a blood-alcohol content of .16, twice the legal limit. After pulling over his white van, police report he had six passengers, including four children ranging in age from 5 to 17.

Ramos was charged with operating under the influence of alcohol, three counts of child endangerment while operating under the influence, three car seat violations, negligent operation of a motor vehicle, a state highway traffic violation, a marked lanes violation and driving without a seat belt.

Continue reading "Massachusetts child endangering charges common in OUI cases involving child passengers" »

A charge of a Third Offense OUI in Massachusetts was brought against a Weymouth man, Michael Tomkins after police allege that Tomkins was under the influence of alcohol while driving with his six year daughter, according to a news account from the Patriot Ledger. A charge of child endangerment is brought when anyone is charged with a DUI offense with a child under 14 in the vehicle. The additional penalty for a child endangerment offense is a one year license loss along with the potential for a jail sentence. The child endangerment statute, Chapter 90 Section 24V was added to Massachusetts OUI laws with the passage of Melanie's Law.

A Massachusetts OUI lawyer defending Tomkins before a jury may wish to attempt to exclude any testimony that Tomkins had a minor in the car while he was driving to avoid having the jury be prejudiced when hearing the testimony as to whether he was impaired while driving. This could be done by asking the judge for a bifurcated trial. The child endangerment charge makes the Massachusetts OUI offense more difficult to defend and would require a careful decision as to whether to proceed with a jury or bench trial.

Based on the news account, it is unclear how strong of a drunk driving case the Commonwealth has. The news account does not mention that the officer observed any erratic driving while following the vehicle for two miles. This would present significant evidence of normal driving for the defense. The severity of the accident will also be an important factor. If the accident only caused minor or minimal damage, a Massachusetts DUI defense attorney could argue that Tomkin did not know he struck the other car. Lastly, it will be important what other observations the officer made to determine that the defendant was under the influence, including manner of speech, appearance as well as balance and coordination, getting out of the car and performing other physical tasks required by the officer, such as field sobriety tests.

Continue reading "Third Offense OUI in Massachusetts for Weymouth man " »

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 " »

Former Mets and Yankee pitcher Dwight Gooden was arrested for DUI after he rear ended another car while driving in New Jersey. The accident happened around 8:50 am according to news accounts and Gooden was recognized by the driver of the other car. Gooden was reportedly driving with his five year-old son in the car. Gooden was charged with driving under the influence of alcohol and drugs and released without having to post bail.

In Massachusetts, it is a separate criminal enhancement for anyone convicted of a DUI in Massachusetts while operating a motor vehicle under the influence with a child under the age of 14 in the car. This law under Massachusetts General Laws Chapter 90 Section 24V is known as child endangerment while operating under the influence of alcohol. The OUI child endangerment law imposes a one year license loss upon conviction.

On June 16, 2009, the Hudson police stopped a Hudson man for alleging running a red light and crossing the center lane of travel. The police charged the individual with OUI and he was also charged him with child endangerment as the police allege he had a four year old child in the car.

Chapter 90 Section 24V of Massachusetts General Laws imposes an additional punishment on any person convicted of operating under the influence of alcohol when also operating a motor vehicle with a child fourteen or younger in the car.

The child endangerment statute imposes a one year license loss on any person found guilty under the statute. The statute also requires a judge to impose a minimum jail sentence of 90 days; however, that sentence can be suspended by the judge. The penalty for a second offense child endangerment which is a felony, imposes a mandatory minimum jail sentence of six months and a three year loss of drivers license.

Continue reading "OUI Child Endangerment in Massachusetts " »