OUI charge in Massachusetts brought after one-car accident
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.