Massachusetts DUI Attorney Blog

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.

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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 " »