Massachusetts DUI Attorney Blog

A Massachusetts Second Offense OUI charge was brought against an Attleboro woman, Tarsha Hall, after she was allegedly involved in an accident side swiping three parked cars, according to a news account.

Witness statements according the the Attleboro Sun news account state that Hall's vehicle lurched to the right as she was traveling on Holman Street and side swiped three cars. Hall got out of the car and started walking when she was found by the police. Police administered field sobriety tests and the defendant is alleged to have consented to a breathalyzer test resulting in a reading of .34.

Given the high breathalyzer reading, Hall's Attleboro OUI lawyer will have to review the documents carefully from the police station and the Office of Alcohol testing to determine if the machine was functioning properly on the date of the test given in this case. Additionally, Hall performance on the field sobriety tests may provide a basis to challenge the accuracy of the breathalyzer machine. Given the breathalyzer reading, if it was accurate, it would be expected that Hall would not have even come close to performing these tests accurately.

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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 Brockton man, John Lloyd was arrested in an empty Braintree parking lot and charged with a Second Offense OUI in Massachusetts. The case will be heard in the Quincy District Court. According to the brief news account, Lloyd refused to perform field sobriety tests. There is no requirement that a motorist perform field sobriety tests when stopped for DUI by a police officer. A motorist is perfectly within their legal right to refuse to perform any field sobriety test and the refusal to perform theses tests cannot be used against a motorist in court.

Because field sobriety tests are designed for failure and scored by the officer administering the tests, it is advisable for a motorist to polite refuse to take any field sobriety tests rather than to subject themselves to a no win situation. Further, by declining to perform field sobriety tests, the Commonwealth is left solely with the officer observations and any evidence of erratic driving.

In this case, Lloyd's Massachusetts OUI lawyer will have a strong argument that there is not enough evidence for a conviction, given that the news report suggests no erratic driving. Further, a DUI lawyer would want to investigate the location of the parking lot, whether other cars were present to determine if the officer's had a lawful basis to make the initial detention of the motorist.

Continue reading "Brockton man arrested for Massachusetts Second Offense OUI in empty Braintree parking lot" »

A Second Offense Massachusetts DUI charge was brought against Jeffrey Lind in the Dedham District Court according to a news account.

The DUI charge arises from a three car accident where according to the news report Lind claims the accident was caused when he dropped his cell phone. Police allege in Lind's cases, as in most all DUI arrests, that they smelled an odor of alcohol and detected that his eyes were blood shot and glassy. Bloodshot and glassy eyes along with an officer claiming to have smelled a strong odor of alcohol are very generic observations in DUI arrests. Almost all reports contain these observations as most police departments have boxes for the officer to check these characteristics so that they are not omitted from a police report. An experienced DUI lawyer in Dedham can evaluate a police report and help a motorist charged with a First or Second offense OUI evaluate the Commonwealth's case.

In the case of Mr. Lind, a Massachusetts OUI attorney would want to review the cause of the accident to attempt to demonstrate that it was caused by ordinary driver error. The statement that the driver was looking for his cell phone is a common cause of accidents that indicates the driving error was not related to consumption of alcohol. Additionally, a criminal defense lawyer would evaluate the field sobriety tests, the conditions under which the tests were taken, whether under extremely poor weather conditions, poor road conditions or whether the driver had any medical condition making balance and coordination difficult as a result of an injury.

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A Massachusetts Second Offense OUI charge was brought against Desiderio Lopez, according to a news account. Police allege that Lopez was driving below the speed limit at a speed of 15 mph. The news report also suggests that Lopez crossed the double yellow line, causing the officer to move over in his lane. Lopez is alleged to have failed field sobriety tests prior to being arrested.

A second offense DUI charge in Massachusetts is a serious offense that carries a two year loss of license if your prior offense is within 10 years of your new OUI charge. Additionally, regardless of the time period of a prior offense, any person convicted of a second offense will have to have the ignition interlock installed in their vehicle.

If your prior offense is outside of 10 years, you may be eligible for a second change first offender disposition which would allow you to get your license back, provided you have the ignition interlock installed in your vehicle. Given the serious consequences to your license, you should have a Dedham OUI attorney review your case to prepare a defense and discuss possible defenses to the charges brought against you.

Continue reading "Second Offense Massachusetts OUI charge brought out of the Dedham District Court against Waltham man" »

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 Second Offense Massachusetts DUI charge involves a two step process. Like any alleged multiple offense DUI, whether, second, third or fourth offense, the first phase involves the Commonwealth proving the underlying offense. At this trial, the jury is not allowed to hear that a motorist has prior DUI offenses, but hears only the evidence on the underlying offense.

If the Commonwealth proves the DUI case beyond a reasonable doubt, the next phase is called the subsequent offense portion. The proceeding on any prior offense DUI is called a bifurcated proceeding with a trial on the underlying offense, followed by a trial on the enhancement.

Massachusetts OUI law Chapter 90 Section 24 provides that the Commonwealth can prove a prior conviction by offering evidence of a certified copy of the docket of conviction, certified copy of the defendant's biographical information from the department of probation or house of correction or the registry shall be prima facie evidence of a prior conviction. The statute provides that the Commonwealth is not required to produce live testimony to prove the prior conviction.

Massachusetts courts have held that the Commonwealth has to prove more than mere identify of name. In other words at the subsequent offense portion of the trial, the Commonwealth must be able to match the defendant before the court with the prior conviction, by showing the same address, date of birth, physical appearance and other identifying traits. Generally, the subsequent offense portion would be a bench trial though a defendant has a right to elect a jury trial on the issue of the prior offense DUI.

Ina case from Pennsylvania, the Pennsylvania Supreme Court held that a DUI defendant could not be convicted of a prior offense when he was arrested for two DUIs in the same night. The court held that the defendant must have been convicted of a prior offense prior to being charged with a second offense DUI. The same result would likely follow in Massachusetts; however, a judge would likely sentence a defendant in accordance with a second offense and the Massachusetts Registry of Motor Vehicles would impose any license suspension for the DUI in accordance with a second offense status upon conviction of both offenses.

Continue reading "Second Offense Drunk Driving charge in Massachusetts and prior convictions " »

A Weymouth, Massachusetts man, Omar Hernandez faces a second offense Massachusetts OUI charge as a result of his arrest over the weekend. According to news accounts, Hernandez led the police on a high speed chase, resisted arrest, stopped in the middle of the road and tossed his keys out of the car.

News accounts indicate that Hernandez was previously admitted to sufficient facts regarding an OUI charge in 2006 and received a continuance without a finding, referred to as a CWOF in court.

While technically a CWOF is not considered a conviction, for license suspension purposes and counting prior OUI offenses, the CWOF counts as a prior offense, meaning that Hernandez will face a second offense DUI.

If a motorist pleas guilty to a second offense DUI, most courts will impose what is referred to as an alternative disposition where the motorist receives a suspended jail sentence with the requirement of completing a 14 day in-patient program. However, the registry will revoke a motorist's license for two years and require the installation of the ignition interlock prior to reinstatement of a any driving privileges.

It appears as through Hernandez also refused a breathalyzer test which would result in a three year license suspension by the Massachusetts Registry of Motor Vehicles. A motorist who refuses a breathalyzer only has 15 days, including, weekends and holidays to appeal to the Registry in Boston to request a hearing challenging the refusal suspension.

Continue reading "Second Offense Massachusetts DUI for Weymouth man" »

An Auburn, Massachusetts man was charged with a Sixth offense Massachusetts DUI. The case will be heard in the Westborough District Court.

When a DUI case is brought in the Westborough District Court, often the police departments within the Westborough venue have either booking videos or police camera videos. These videos can often provide helpful evidence to someone charged with OUI/DUI as the video can contradict the officer's police report and can provide compelling evidence that a motorist was not impaired by alcohol. Video evidence can be powerful evidence in a DUI case because it allows the jury to see the motorist through their own eyes and to make their own judgment, uninfluenced by the police officer's perception.

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A Massachusetts second or subsequent offense DUI/OUI charge requires the Commonwealth to proceed in a two step fashion. First, the Commonwealth must prevail at the trial of the underlying OUI offense. Once the Commonwealth obtains a convictions, the next issue is for the judge or jury to determine whether the Commonwealth can prove the number of prior offenses. At the trial on the underlying offense, if a jury trial, the jury does not know that a defendant has a second or subsequent offense OUI conviction.

Generally, the trial of the number of prior offenses is resolved through a bench trial. At the trial, the Commonwealth must offer a certified conviction of the prior offenses, the docket sheet and any entry of appearance by an attorney. The Commonwealth may also try to prove a prior offense by relying on probation records of conviction.

The documents used to prove a prior Massachusetts OUI conviction must match the defendant by indicating the same biographical information and identifying information. Massachusetts OUI law Section 24 provides that the prosecutor can prove a prior conviction by either attested copies of the original court papers, or certified copies of the defendant's biographical data and informational data from the department of probation, any jail or house of correction or the registry.

In a case regarding subsequent offense DUI convictions from the State of Montana, State v. Blue, the Montana Supreme Court rejected a defendant's argument that because the state reduced his prior third offense DUI to a second offense DUI, the state was precluded from now convicting him of a Fourth offense without first obtaining a conviction on a third offense. The court held that the defendant got the benefit of a reduction in offense level on his third offense, but that did not preclude the State from later prosecuting based on his number of prior offenses in his criminal record.

In Massachusetts, prosecutors will sometimes reduce a charge to a lower offense level. If faced with a similar case, a Massachusetts court would likely not preclude the Government from prosecuting based on the actual offense level even though a defendant received the benefit of a prior reduction. With any agreement to reduce an offense level, for purposes of license suspension, the Registry suspends based on its own records of prior offenses and will not be bound by a court reduction in offense level for the purposes of a Massachusetts license suspension for DUI.

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Under Massachusetts DUI law, a first offender convicted of an OUI will generally suffer a 45 day loss of license and be required to complete and alcohol education program known as the 24D program. It is only with a second offense OUI conviction that Massachusetts imposes the requirement that a motorist have the ignition interlock device installed prior to restoration of a Massachusetts driver's license.

Proposed legislation in Congress if passed would deny federal highway funds to states that do not impose ignition interlock requirements on 1st time DUI offenders. Numerous states have already begun to require ignition interlock devices for 1st offense DUI convictions.

What is often overlooked in the debate over the interlock device is the cost to the operator of installing the device, such as the costly installation fee and monthly service fees. The debate over the expansion of the ignition interlock device makes it crucial to avoid a 1st offense conviction for DUI because even if your conviction occurs prior to any change in the law, the Registry of Motor Vehicles may still require the installation of the ignition interlock device, either because your license has not been reinstated or as a condition of renewal of a drivers license. Since most judges impose essentially the same disposition even after a conviction after trial, the importance of retaining an experienced Massachusetts DUI lawyer has never been more important and is crucial to preserve your driver's license.

Massachusetts hardship license, also known as a work license are limited licenses that allow an individual suspended for OUI in Massachusetts to drive at designated times for the purposes of work, education or medical appointments. For a Massachusetts First Offense OUI, a driver can obtain a hardship within three business days. The applicant must enroll in the 24D alcohol education program and present documentation of proof of the need for the hardship.

An applicant's proof of a hardship consists of a letter on letterhead from an employer written within thirty days of the application that sets forth the need for the hardship, by indicating the location of the employment and the hours of employment. The applicant is also required to show that public transportation is not reasonably available. Additionally, the Massachusetts Registry of Motor Vehicles will not authorize a hardship license if there is any evidence of operation since the effective date of the license revocation.

To apply for a hardship license, the applicant appears at the Massachusetts RMV with the appropriate documentation and the request for hardship form filled out. Unfortunately, hardship licenses are not available for any suspension relating to refusal of the breathalyzer; accordingly, eligibility for a hardship license requires that all other administration suspensions for breathalyzer refusal be completed.

In addition to a first offense OUI convictions, a hardship license is also available for second and subsequent offenses. For a second offense, a motorist is eligible for a hardship license after one year, but must provide evidence of completion of the 14 day in-patient program and in addition must provide a discharge summary from the treatment program, stating the risk factors of reoccurrence of the substance abuse problem.

The applicant must provide proof of compliance with all ordered after-care, along with a letter stating compliance with probationary conditions. The applicant must also designate the need for a hardship just as for a 1st offense OUI work license.

Continue reading "OUI Hardship licenses in Massachusetts for 1st and 2nd offenses" »

A Weymouth, Massachusetts man, Peter O'Connor was charged with a Second Offense OUI when a car dealership employee refused to allow him to test drive a car believing he was intoxicated. The employee than called the police and the Quincy police made a traffic stop.

A key issue in the case will be the basis of the employee belief that O'Connor was impaired. The police need reasonable suspicion to justify stopping an individual under the Fourth Amendment to the United States Constitution. At a motion to suppress hearing, the police will need to testify that they received specific and detailed information from the employee that would provide reasonable suspicion for the stop.

In some case, based on citizen reports of erratic drivers, possibly drunk, the police do not have the contact information from the caller. In the Quincy case, it appears that the police have the identity of the caller and stopped the man close to the dealership. While those factors support the legality of the stop, an experienced DUI lawyer will still attempt to have the stop and the evidence obtained suppressed under the Fourth Amendment, challenging the details provide by the employee to justify the stop.

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