Massachusetts DUI Attorney Blog

Prosecutors obtained a Massachusetts Third Offense DUI conviction against Brian Hand after a jury trial in the Attleboro District Court. Hand was charged with a Fifth Offense OUI according to the Sun Chronicle News account, but found guilty only of a third offense as the prosecutor failed to present sufficient evidence demonstrating four prior DUI convictions.

According to the news account, the prosecutor attempted to present evidence of two prior Massachusetts DUI convictions and two prior New Hampshire DUI convictions. The trial judge found that these records did not provide the proper certification or verification that these records related to the defendant before the court. To prove a defendant has a prior conviction the Commonwealth needs to show that the defendant in the prior case is the same defendant as before the court.

In Hand's case, he proceeded to a jury trial where he was found guilty of operating under the influence of alcohol. The next step in any charge alleging a subsequent offense OUI whether a Fourth Offense or Second Offense is for the court to conduct a separate trial regarding the number of prior OUI offense an individual has had in his or her lifetime. In this case, the defendant elected a bench trial on this issue. Typically, the trial on the number of prior offense would be before a judge rather than a jury.

As a result of the lack of reliability in the alleged prior convictions from New Hampshire, the trial judge found the defendant guilty of a third offense OUI and imposed a split sentence with 2.5 years committed in the house of correction, six to serve and the balance suspended with probation for three years.

Continue reading "Attleboro OUI attorney comments on recent Fifth Offense DUI trial" »

A 55-year-old man has been ruled a danger to the public and ordered held without jail after a judge reviewed his history of six drunk driving convictions in two states, the Sun Chronicle reported.

Brian M. Hand, of Eaton Center, New Hampshire, was arrested just after midnight Monday on I-95 South in Attleboro; police were responding to call about an erratic driver, according to testimony in Attleboro District Court.

A trooper with the Massachusetts State Police reported finding Hand with an open container.

Authorities initially thought Hand's last drunk driving arrest was in 1986. However, the assistant district attorney's office presented evidence of convictions in New Hampshire in 2005 and 2008, as well as four convictions in Massachusetts since 1976. The judge found him a danger to society and ordered him held without bail.

Continue reading "Man held without bail - faces fifth-offense Massachusetts drunk driving charge " »

The Massachusetts Court of Appeals held on February 17, 2011 in the case of DiGregorio v. Registrar of Motor Vehicles that a motorist convicted of drunk driving out of state is entitled to have the period of the Massachusetts license suspension run from the date of the out of state conviction rather than the date on which the RMV learns of the conviction. Under Massachusetts OUI law, if a motorist is convicted of DUI in another state the RMV will suspend the motorist as if the offense occurred in Massachusetts.

The issue in DiGregoria is that the RMV did not learn that the defendant was convicted of his third DUI in Connecticut until three years after the conviction. Any motorist who has DUI conviction in Massachusetts or any other state will incur an eight year loss of license. The RMV asserted that the eight year period did not run until the RMV receives notice of the suspension. The Appeals Court held that the RMV's interpretation of the statute is contrary to the plain meaning of the statute. Further, the court notes that the RMV should have learned of the suspension as the information pertaining to the conviction was accessible to the RMV.

A Sixth Offense Massachusetts DUI charge was brought against Steven Pierce from Billerica and resulted in him being held without bail as dangerous by a judge from the Gloucester District Court. Any offense over a third offense can result in the Commonwealth seeking an indictment and bringing the case to superior court. A sixth offense is typically indicted so that the Commonwealth can seek a higher sentence that involves State prison time. If a drunk driving charge stays in district court, the maximum penalty for the DUI charge is 2.5 years. While a judge can give on an after time resulting in a total sentence beyond 2.5 years, a district court judge can only impose a house of correction sentence while a superior court judge can sentence a defendant to state prison as well as impose longer periods of prison time.

According to a news account in the Gloucester Times written by Nick Curcuru, Pierce failed to stop for the police, was alleged to have driven erratically, crossing the center lines. The news account states that Pierce struck a pedestrian. Pierce is alleged to have been unable to stand when getting out of the car. The news account claims that Pierce told the police that he had a few vodkas and then told the police at booking that he had seven to ten drinks.

One interesting issue that is raised by this case is the admissibility of Pierce's statements to the police officers. Given the evidence of erratic driving prior to the stop, a Massachusetts OUI attorney could argue that Pierce should have been read his Miranda rights immediately upon being stopped. Generally, when a motorist is pulled over for suspected drunk driving, police do not have to provide Miranda warnings because the stop is not considered custodial. The rule of Miranda v. Arizona, requiring the Miranda warnings only applies to custodial interrogations. The United States Supreme Court ruled in Berkemer v. McCarthy, that in a typical drunk driving case a motorist is not in custody and accordingly Miranda warnings are not required. A Massachusetts DUI lawyer could argue that Pierce's case is outside of the rule of Berkemer and that Miranda warnings were required because the police already had probable cause to arrest for drunk driving.

Prosecutors recently arraigned a man from Methuan, Massachusetts for his 14th arrest related to driving under the influence of alcohol. The man's previous arrests originated from incidents in Maine, New Hampshire, and Massachusetts.

After the man allegedly hit a mailbox near his home, an officer spotted the suspect slumped over the steering wheel. The man first denied having anything to drink before driving, but later admitted to having three drinks between 8 and 10 PM that night. Unfortunately, it was only 8:13 PM when the suspect made that statement. Later, the man allegedly failed a field sobriety test and blew a 0.10 on a breathalyzer blood alcohol content test.

According to the North Andover Eagle Tribune, the man was charged with driving under the influence of alcohol (fifth or subsequent offense), driving after revocation of his license (subsequent offense), driving after suspension of his license for driving under the influence of alcohol, driving under the influence of alcohol while his license was suspended for driving while under the influence of alcohol, leaving the scene of a property damage accident, and a marked lanes violation.

This story is a good reminder about the sheer multitude of charges available to district attorneys who prosecute repeat OUI offenders. Each subsequent OUI related charge carries a potentially heightened sentence. After multiple OUI arrests, one can expect to face more than just a simple "driving under the influence of alcohol" charge. Instead, even when a prosecutor can only challenge a third offense, the presence of other OUI arrests on a criminal record will impact any sentencing or recommendation regarding a proposed disposition.

Continue reading "Methuean Man Faces repeat Massachusetts DUI charge after 14th arrest " »

A 47-year-old Raynham man was held without bail after a dangerousness hearing in Taunton District Court following his arrest on a fifth Massachusetts DUI charge.

Under Massachusetts drunk driving law (Chapter 90 Section 24) a fifth-offense OUI charge carries a penalty of 2.5 to 5 years in prison and a lifetime driver's license suspension with no hardship eligibility. Hiring an experienced Taunton DUI defense attorney will be critical. An experienced attorney may be successful in seeking a reduction of the charges and/or treatment options or other alternative sentencing options in lieu of some jail time.

Scott M. Williams, of Raynham, was arrested Dec. 5 in the parking lot of Bob's on South Street West. He faces charges of drunk driving, negligent driving, driving with a revoked license and refusing to identify himself. He told police a passenger in the vehicle had been driving. Police had been responding to an argument between drivers after a motorist accused Williams of cutting across traffic and clipping a vehicle on his way into the parking log, according to the Enterprise News.

Police say Williams failed the alphabet test and other field sobriety tests. Field sobriety tests are nothing more than an opinion of your guilt by an officer whose job it is to collect evidence of your guilt. Motorists are not obligated to participate in such testing.

Continue reading "Man held without bail in after being charged with 5th offense OUI in Taunton" »

A 52-year-old Rhode Island man is facing his 11th OUI charge after being arrested for drunk driving in Seekonk, Massachusetts, the Sun Chronicle reported.

A Massachusetts OUI defense attorney will work to seek a reduction or dismissal of the charges or otherwise fight for treatment in lieu of a lengthy prison sentence. Massachusetts drunk driving law (Chapter 90 Section 24) calls for a minimum of two years in prison for anything over a fifth offense OUI charge. The charge is punishable by up to five years in prison, a $50,000 fine and a lifetime driver's license suspension with no hardship eligibility.

Vernon Perry of East Providence was arrested early Saturday morning after police observed his car speeding on Taunton Avenue/Route 44. Police say he was clocked traveling 52 mph in a 40 mph zone in the area of Fall River Avenue. The office gave chase and reports that Perry's vehicle crossed the center line, as well as the line on the right side of the road. Police arrested him after alleging that he failed field sobriety tests.

He was charged with an 11th offense of operating under the influence - liquor, negligent operation of a motor vehicle, speeding and failure to stay within marked lanes. He will be arraigned in Taunton District Court.

Continue reading "Rhode Island man faces 11th OUI after being charged with drunk driving in Seekonk, Mass. " »

A 40-year-old Massachusetts man is facing a fifth-offense Massachusetts drunk driving charge in Attleboro District Court after allegedly crashing into a parked car while driving under the influence of alcohol, the Sun Chronicle reported. When a defendant is charged with a Fifth Offense or greater, the Commonwealth generally seeks an indictment to have the case heard in superior court where the defendant can receive a State prison sentence and a longer potential sentence of up to five years in State prison.

It will be imperative for an experienced Attleboro drunk driving defense attorney to handle this case. Under Massachusetts Law (Ch. 90 Sec. 24), a fifth-offense OUI charge is punishable by a minimum of 2.5 years in prison and a lifetime driver's license suspension with no hardship eligibility.

Darren Horn, 40, of 187 Richie Road in Attleboro, pleaded innocent to the charges. Police say he crashed into a parked car on Newport Avenue about 1:30 a.m. Monday. The impact pushed the car into another vehicle. Horn suffered minor injuries but reportedly declined to be taken to the hospital. He was later taken to Sturdy Memorial Hospital after complaining of dizziness.

Horn's attorney said her client needs to be committed for alcohol treatment; his 14 arrests are all alcohol related.

Continue reading "Fifth-offense Massachusetts OUI charge brought in Attleboro District Court " »

A Hopkinton man has been arrested for his 5th Massachusetts drunk driving charge, the Milford Daily News reported.

We believe a Massachusetts OUI defense attorney should always represent a motorist facing drunk driving charges. Because of the increasing penalties for repeat violations, keeping a drunk driving conviction off your driving record is essential. An OUI conviction can also prevent you from holding certain jobs and may even interfere with certain types of government assistance, including student loans.

Even a first- time OUI carries the possibility of jail time. But those with two or more convictions for drunk driving face very serious penalties under Massachusetts drunk driving law, (Chapter 90 Section 24). A fifth offense is punishable by 2 1/2 to 5 years in jail, a lifetime driver's license suspension and a $50,000 fine.

In this case, Bruce Wright, 49, of 83 Downey St., was arraigned in Framingham District Court for a fifth-offense OUI charge, a marked lane violation and a plate number violation, the Daily News reported. Police report stopping him about 5 p.m. Thursday for crossing the double yellow line. The District Attorney's office reports his blood-alcohol level was .25, more than three times the legal limit.

His attorney said he has only been convicted of two previous OUI offenses.

Continue reading "Man faces fifth Massachusetts OUI charge in Framingham District Court" »

A Hanover man, Shawn T. Heavey, was sentenced on a Fourth Offense Massachusetts OUI charge. Heavy received a two and one half year jail sentence with one year to serve and the balance of the sentence suspended. It is unclear as to what is alleged to have occurred based on the news account from the Patriot Ledger.

Generally, a defendant receives a reduced sentence when accepting a plea prior to trial. In Heavy's case, he received the minimum amount of time to serve based on the plea, but will incur a ten year license loss, to run on and after any other license suspensions. If he refused the breathalyzer in the case, he would have already lost his license for life unless he successfully appealed the refusal suspension to the RMV within 15 days.

Continue reading "Hanover man sentenced in Fourth Offense Massachusetts OUI charge out of the Hingham District Court" »

An alleged Attleboro drunk driving accident has resulted in the arrest of a Franklin man on a third-offense Massachusetts OUI charge, the Sun Chronicle reported.

Nicholas Kotros, 30, of 157 Conlyn Ave. in Franklin, was arrested walking on Route 140 in Mansfield shortly after hit-and-run accident on Interstate 95 in Attleboro, which occurred about 2 a.m. Thursday. The driver of one of the vehicles suffered minor injury and was taken to Sturdy Memorial Hospital.

Kotros pleaded not guilty to the third-offense drunk driving charge, leaving the scene of an accident with personal injury and failure to drive within marked lanes. He was ordered held without bail pending a dangerousness hearing. A third violation of Massachusetts drunk driving laws carries a penalty of up to $15,000 in fines, five years in prison and an 8-year license suspension.

Massachusetts State Police report Kotros was northbound on I-95 when he struck the rear of an SUV near the Toner Boulevard exit. Another car crashed into a guardrail while attempting to avoid the collision. The vehicle Kotros is accused of driving was found abandoned on the ramp from I-95 to I-495 North.

A Mansfield police officer found Kotros walking nearby on Route 140 with muddy clothing and a scratch on his arm. He reportedly told police his car had been taken from the parking lot of an Olive Garden earlier in the evening and he was walking to a friend's house.

Continue reading "Third-offense Massachusetts OUI charge alleged in Attleboro car accident" »

A man has pleaded not guilty to an Attleboro drunk driving charge after police found him sleeping in his car, the Sun Chronicle reported.

It is not uncommon for police to charge someone with drunk driving if they are found drunk in a vehicle, regardless of whether they were caught driving. A Massachusetts OUI defense attorney should be called to represent the defendant in this case, who may have a legal defense to the element of operation of a motor vehicle.

Christopher P. Mullen, 44, of 11 North Grove St., Foxboro is being held in jail after being founded inside the car in the parking lot of North Bowl Lanes in North Attleboro. He pleaded innocent in Attleboro District Court to a third-offense drunk driving charge and driving to endanger. A third violation of Massachusetts drunk driving laws carries a sentence of up to 2.5 years in jail if the case remains in district court and a eight year loss of license.

Police were called to the bowling alley on Route 1 about 2:15 p.m. Monday, where they found the defendant in his car, which they claim was partially parked in a travel lane of the parking lot.

He is being held in jail on a on $3,000 cash bail at the request of the District Attorney's Office and is due back in court on May 14.

Continue reading "Man found sleeping in his car charged with OUI in Massachusetts " »

A 33-year-old Pawtucket man was arrested on a Massachusetts OUI charge Tuesday morning, hours before he was due in Taunton District Court for trial on a drunk driving charge, The Sun Chronicle reported.

Juan C. Villanueva was arrested on Richards Avenue near Gould Street, shortly after 1 a.m. Tuesday. Police allege he was speeding down North Washington Street just before turning onto Richards Ave., and that he was driving on a license that had already been suspended for drunk driving. A 44-year-old passenger was reportedly intoxicated and was also taken into custody.

The newspaper reported he was arrested for his third charge and that the trial involved his third OUI charge. A third-offense OUI charge carries a minimum mandatory jail sentence of 180 days and an 8-year license suspension . Obviously, a veteran Taunton OUI defense lawyer will need to thoroughly review this case and determine the best course of action.

He had been due to stand trial in Taunton District Court on Tuesday for the previous charge, which occurred in North Attleboro in January. The judge revoked bail on the previous charge at the request of prosecutors and ordered him held without bail.

Villanueva is due back on court on both cases on May 20.

Continue reading "Repeat drunk driving offender arrested for Massachusetts OUI hours before drunk driving trial in Taunton District Court" »

The Massachusetts Court of Appeals, in Commonwealth v. McMullin, held that the Sixth Amendment right of confrontation as set forth in Melendez-Diaz v. Massachusetts did not preclude the Commonwealth from offering Registry of Motor Vehicle records to prove the number of prior offenses at a 4th Offense Massachusetts OUI trial. The court held that Melendez-Diaz explicitly recognized that admission of court records and RMV records would not be testimonial. Accordingly, the Commonwealth would not have to offer the testimony of a live witness to testify regarding the content of court records.

In two cases, Melendez-Diaz v. Massachusetts and Crawford v. Washington, the United States Supreme Court held that the confrontation clause precludes the Government from presenting testimonial evidence without providing the defendant the opportunity for cross examination. Melendez-Diaz applied the confrontation analysis set forth in Crawford to drug certificates by labs that were used by prosecutors to prove that a substance was an illegal drug. Prior to Melendez-Diaz, a prosecutor would prove that a substance was a drug by offering the lab certificate into evidence without presenting live testimony. The United States Supreme Court struck down this practice holding that the drug certificate was the equivalent of testimony against the defendant without providing the defendant with the opportunity for cross examination.

Following Melendez-Diaz, the issue arose as to how far the decision would extend. The Massachusetts Appeals Court held in McMullin that RMV records and court records are not the equivalent of testimony offered to prove a fact at trial. Accordingly, the court allowed the records into evidence.

Additionally, the court made another significant ruling for DUI lawyers in Massachusetts. The court held that to prove a prior offense the Commonwealth does not have to prove that the defendant did not have counsel or did not validly waive counsel, but that it is the defendant's burden to show lack of counsel and lack of a valid waiver of counsel.

Continue reading "Massachusetts court rules Melendez-Diaz does not preclude admission of RMV records to prove prior conviction at subsequent offense DUI trial" »

John Bazilio, 53, was stopped by the Mashpee police officers on March 10th at around 1:30 a.m. reports the Boston Herald.

Bazilio was arraigned on charges of operating under the influence (ninth offense), operating a vehicle without a license, refusing to correctly identify himself to police, negligent driving, and possession of alcohol in a vehicle. The Falmouth District ordered Bazilio be held on $100,000 cash bail until his pre-trial hearing according to the Cape Cape Cod Times.

A Massachusetts DUI Defense Attorney should be retained in cases involving subsequent OUI charges. In any subsequent offense OUI charge in Massachusetts, the jury does not hear any evidence regarding the prior offenses as the trial proceeds in two separate parts. First, there is a trial on the underlying offense of whether the defendant was driving under the influence. If the Commonwealth obtains a conviction, the trial proceeds to a separate phase as to the number of prior OUI offenses the defendant has on his record.

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