Massachusetts DUI Attorney Blog

Massachusetts OUI charges were brought against Joseph McAteer after a news account reports that he was involved in a one-car accident where his passenger was seriously injured. The Norwood police contend that McAteer was driving a 2002 Ford Explorer when he lost control of his car and struck a utility pole. The police found two empty Coors Light cans in the back seat of the car.

As a Massachusetts OUI lawyer, cases involving accidents can be difficult for the Commonwealth to prove. In the accident reported by the Patriot Ledger, there is no indication that field sobriety tests were given. Accordingly, the case may come down to whether blood was drawn at the hospital and whether the Commonwealth will be able to admit that evidence at trial.

McAteer was also charged with OUI causing serious bodily injury. Under Massachusetts General Laws, Chapter 90 Section 24L, a charge of OUI serious bodily injury carries a minimum mandatory jail sentence. In a case with a mandatory jail sentence, an experienced Massachusetts DUI lawyer may be able to convince the prosecutor to amend the charge to drop the serious bodily injury component of the charge allowing the defendant to be subject to penalties for a First Offense OUI.

A Middleboro man is facing Massachusetts OUI charges in connection with an alleged drunk driving accident in New Bedford.

South Coast Today reported that the crash occurred on Route 18 about 8:30 p.m. Thursday night. Police report that Jeremy Levesque, of Middleboro was driving a Chevy van that swerved from the left lane to the right lane, rear-ending a Honda Accord, which then struck a Volvo station wagon. Both the van and the sedan were destroyed in the accident. Northbound Route 18 traffic was routed onto 1-195 and the road was temporarily closed.

Four passengers in the Honda were taken to St. Luke's Hospital for treatment.

Levesque faces charges of drunken driving, operating to endanger and following too closely, South Coast Today reported.

Massachusetts law (Chapter 90 Section 24) states anyone who puts the lives or safety of the public at risk by operating a motor vehicle negligently on a public road is guilty of a criminal offense. Operating to endanger is punishable by up to 2 years in jail. Under the law, the charge can result from a defendant's actions or from his or her failure to act as reasonably expected.

Continue reading "Middleboro man faces Massachusetts OUI charges following New Bedford car accident" »

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."

Continue reading "Massachusetts vehicular homicide charge leads to probation for man accused in Falmouth drunk driving accident" »

A Quincy man is accused of numerous criminal charges in connection with a Massachusetts DUI accident that seriously injured two teenage women, the Patriot Ledger reported.

Rene M. Lumaghini, 26, of 335 Granite St., Quincy, was ordered held without bail after his arraignment Monday in Quincy District Court. Authorities contend he failed to comply with court-ordered rehab and went bar hopping before driving into a tree and leaving two 19-year-old women trapped in the wreckage. He has a history of drug and alcohol violations and a warrant had been issued for his arrest last week for allegedly failing to report to a court-ordered treatment program at South Shore Recovery Home in Quincy.

A 22-year-old passenger was not hurt and told police the four had been drinking at three area bars, including Joe's American Bar & Grille in Braintree and at Darcy's Pub in Quincy.

One of the 19-year-old women was transported to Boston Medical Center where she remains in critical condition with severe head injuries.

Police report that the defendant's mother had promised he would turn himself in, but Lumaghini did not appear and police found him hiding in a closet at the Long Island Shelter drug treatment facility. He has been previously convicted of drunk driving, assault and battery on a police officer and assault and battery with a deadly weapon, for which he remains on probation. In this case, he has been charged with operating under the influence of liquor, leaving the scene of an accident after causing personal injury and negligent operation of a motor vehicle.

He is due back in court on May 20.

Continue reading "Man charged in Quincy OUI accident that critically injures teenage passenger" »

A 39-year-old man has been sentenced to two years in jail after pleading guilty to charges stemming from a Massachusetts drunk driving accident last year, the Patriot Ledger reported.

Derrick D. Jones pleaded guilty to first-offense drunken driving, driving negligently, speeding and failing to stay in marked lanes. He admitted he was drunk when his speeding car struck a minivan head-on last year. He was sentenced to two years in Plymouth County jail by a Hingham District Court judge. He also must serve four years of probation.

Hingham police said seat belts and child safety seats likely saved the lives of the van's passengers, including a 30-year-old woman and her three young children. All four were treated and released at South Shore Hospital in Weymouth.

Jones was eastbound in a Chrysler 300 sedan near the Hingham rotary at 6:50 p.m. when his car went the wrong way on Summer Street, striking the Toyota Sienna. The children were ages 3, 2 and 2 months. Police estimated he was traveling 70 mph at the time of the crash. The Toyota spun off the side of the road; the Chrysler rolled onto its roof and ended up on the sidewalk. Jones and his passenger, a 52-year-old Braintree man, were also treated and released from the hospital.

Jones also faces charges in connection with several burglaries, including a break-in at the Super Petroleum station at the Hingham Rotary, which occurred Jan. 10, the Patriot Ledger reported. Police said the store's front window was smashed and surveillance cameras captured video evidence in that case. He faces charges of breaking and entering in the night, larceny of more than $250, and malicious destruction of property worth more than $250.

Continue reading "Hingham man gets 2-year jail sentence for Massachusetts OUI accident" »

A Quincy woman was sentenced to six months in jail for a Quincy drunk driving accident that seriously injured a motorcyclist and resulted in the loss of his leg, the Patriot Ledger reported.

Massachusetts OUI accidents that result in injury are particularly serious cases and should always be handled by an experienced Massachusetts criminal defense lawyer.

In this case, the woman was found guilty by a jury of drunken driving with negligence, and causing serious bodily injury. The accident happened nearly two years ago on Neponset River Bridge.

The judge added a two-year suspended sentence and revoked her driver's license for two years. She also must attend 12-step meetings twice a week, abstain from alcohol and drugs and submit to random drug testing.

The victim, a one-time construction worker who was in court with a prosthetic leg, was sympathetic when talking to the media outside the courthouse. He said a long period of probation seemed more fitting for the defendant, who turned into the wrong lane on the bridge, striking the motorcyclist and costing him his leg.

Troopers had testified the defendant was unsteady on her feet, was slurring her speech, and failed field sobriety tests. The jury rejected a defense argument that troopers exaggerated the findings.

The defendant was a juvenile probation officer at the time of the accident, which happened Aug. 23, 2008.

Continue reading "Woman gets six-month sentence for Quincy, Massachusetts OUI Accident " »

A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, The Sun Chronicle reported.

Massachusetts State Police 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.

The Massachusetts drunk driving charges stem from a weekend car accident in Foxboro.

Anyone facing charges for a repeat-violation of Massachusetts drunk driving laws, should contact an experienced Boston OUI defense lawyer. 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.

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.

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 Providence Journal reported.

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.

Continue reading "Woman facing Massachusetts drunk driving charges after Foxboro accident" »

A judge did not look kindly on a 17-year-old teen's Facebook photo labeled "drunk in Florida," and taken a month after she was charged in a fatal drunk driving accident that claimed the life of her boyfriend.

If you are facing Massachusetts OUI charges or other criminal offense, a Boston OUI lawyer should tell you to avoid posting incriminating information on social networking sites like MySpace, Facebook and Twitter. Such posts are public information and attorneys for both sides are increasingly using social networking sites in building cases. Do yourself and your Boston defense attorney a favor and don't damage your case by your online behavior.

As published nationwide in the American Bar Association Journal, a publication for lawyers, and reported in the Buffalo News, the teenager was sentenced last week to six months in the county jail and five year's of probation.

The teenager pleaded guilty in November to criminally negligent homicide and misdemeanor driving while intoxicated for the May 30 fatal crash. News outlets found the Facebook photo of her partying in Florida, which did not sit well with the judge.

"I'm troubled by your conduct since the crash," County Judge Matthew J. Murphy III was quoted as saying in the Buffalo News, "and that's the reason for the jail sentence."

The judge also refused to grant her juvenile offender status. In the wake of the photo, there were laughs from the audience when the woman's defense attorney tried to tell the court that his client was remorseful.

She had a blood alcohol level of .13 when she crashed her car into a brick pillar outside a golf course at about 2:30 a.m. Her boyfriend and passenger was killed.

Continue reading "Facebook photo sways judge in fatal drunk driving case " »

A 25-year-old North Attleboro woman is appealing her conviction after being sentenced to jail earlier this month for Massachusetts vehicular homicide charges, The Sun-Chronicle reported.

A Quincy OUI defense lawyer, or a Boston criminal defense attorney experienced in representing people facing criminal charges as a result of a Massachusetts OUI car accident, should be called to defend anyone facing serious traffic or felony charges in the Boston area.

In this case, the defendant was found innocent of Massachusetts drunk driving charges and possession of marijuana. Her Quincy defense lawyer filed a Massachusetts notice of intent to appeal the conviction, after arguing at trial in Taunton District Court that the woman was not speeding or driving recklessly when she struck pedestrians on a darkened portion of the highway where there was no crosswalk.

The Aug. 8, 2004 car accident on Route 1 near Stop & Shop resulted in the death of two pedestrians, including a pregnant woman and her unborn child.

The defendant is serving a three-month jail sentence after her Jan. 12 conviction on the three charges of motor vehicle homicide. She was also sentenced to three-months home confinement. The balance of her 2 1/2 year jail term was suspended.

Continue reading "Massachusetts vehicular homicide conviction on appeal after not-guilty verdict on alcohol and drug charges " »

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" »

Jim Leyritz has denied responsibility in a DUI accident that caused the death of a Fort Lauderdale woman two days prior to Christmas. An interesting aspect of the case is that Leyritz had a reported blood alcohol limit of .14 while the victim is report to have had a .18 blood alcohol limit. Leyrtiz is blaming the victim.

As any Massachusetts OUI lawyer would advise their client in a DUI involving an accident or in any criminal case, a defendant charged with a crime should never discuss the facts of the case. Any statements can be used against the defendant. Additionally, in Leyritz's case, his statements are likely to haunt him should be be convicted at the time of sentencing.

A Plymouth, Massachusetts man was involved in an accident after allegedly driving drunk and sending five individuals to the hospital with injuries. Charges were brought against Jason Martitz for OUI and leaving the scene of an accident along with other charges.

According to news accounts, one of the victims was seriously injured. If the news accounts are accurate, the defendant could face a charge of OUI causing serious bodily injury as a prosecutor has the ability to amend a criminal charge prior to trial or a disposition with permission of the court.

Under Massachusetts General Laws, Section 24L, if a defendant is convicted of OUI with serious bodily injury, the defendant faces a maximum penalty of 2.5 years in the house of correction and a minimum mandatory house of correction sentence of six months if the case remains in the district court. The statute defines a serious bodily injury as an injury that creates a substantial risk of death or total disability or loss or substantial impairment of some bodily function for a substantial period of time. Accordingly, the language of the statute suggests that it applies to permanent and total disabilities and would not encompass a temporary injury, such as a broken bone or fracture that heals and causes no permanent disability. A conviction under this section carries a two year loss of license.

A Framingham, Massachusetts man, Miguel Sanchez was charged with OUI when he struck a bicyclist. According to the news reports, the bicyclist was not injured and the driver was arrested for DUI after failing field sobriety tests, the officer smelling an odor of alcohol and finding an open container of rum. The news article reports that Sanchez was spitting into the breathalyzer machine and refused to take the breathalyzer test.

While Sanchez's case does not appear to involve a serious bodily injury, DUI cases in Framingham and throughout Massachusetts involving accidents are serious cases. If a motorist is found to be driving under the influence of alcohol and is involved in an accident causing serious bodily injury, Massachusetts DUI law imposes a six month mandatory minimum jail sentence with the possibility of a judge imposing a greater sentence along with a two year loss of license without the possibility of hardship eligibility. Massachusetts law defines serious bodily injury as creating a substantial risk of death, or which involves total disability or loss or substantial impairment of some bodily function for a substantial period of time.

Continue reading "Framingham, Massachusetts man arrested for DUI after striking bicyclist" »

A Framingham, Massachusetts man was charged with OUI second offense and OUI with an accident causing serious bodily injury on July 25, 2009. 20 year old Nicko Casteneda is alleged to have crashed his car into a motorcycle causing serious bodily injury to the rider of the motorcycle who was stopped ready to make a left turn. According to the newspaper article, the Framingham minor admitted to have eight beers and register a .21 on the breathalyzer test.

Massachusetts General Laws Chapter 90 Section 24L provides for a mandatory minimum jail sentence of six months for any person convicted of operating a motor vehicle under the influence of alcohol causing serious bodily injury. Additionally, an OUI serious bodily injury charge carries with it a two year loss of license.

An interesting issue for the DUI lawyer will be whether the police gave Miranda warnings prior to questioning. In a case involving an accident, it can be argued that this is not an ordinary roadside stop under Berkemer v. McCarty, 468 U.S. 420 (1984) and Miranda warnings should be required.

The high breathalyzer reading along with the charge being alleged a second offense for a driver under 21 will make this a case where the prosecutor is likely to take a firm stance regarding sentencing. A person under 21 charged with OUI and obtaining a breathalyzer reading of over .20 for a 1st offense is required to take the 14 day in-patient program along with the aftercare program required of second offenders. The 14 day in-patient program is required of all individuals convicted of a second offense OUI.

In this case, given the seriousness of the allegations, defense counsel will have to vigorously fight to exclude any alleged statement of the defendant and possibly obtain an expert to challenge the admissibility of any breathalyzer evidence. A DUI lawyer can exclude breathalyzer evidence by demonstrating that the officer failed to comply with the fifteen minute waiting period required by Massachusetts Law, showing that the defendant did not consent to the breathalyzer test and presenting medical evidence that may impact the reliability of the test results. Additionally, prior to any breathalyzer evidence being admitted in court, the police officer must explain to the defendant that he has a right to an independent medical examination to have additional testing to challenge the breathalyzer evidence. This is known as an OUI defendant's Chapter 263 Section 5A rights.

Continue reading "DUI charge for Framingham, Massachusetts man " »