Massachusetts DUI Attorney Blog

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" »

As a Massachusetts OUI attorney, I was interested in this story about a Kingston man who allegedly ran a red light and found himself in potentially serious legal trouble. According to the Pembroke Express, Robert Costello, 31, was stopped by the police at 12:28 a.m. on Thursday, March 18, for running a red light after Route 3's southbound exit ramp. Costello is said to have then made a left turn into the left lane instead of the right lane of Oak Street. State police had reported that a crash had just occurred on Route 3. The officer who stopped Costello saw that his car had no right front tire and that severe damage had been done to that side. That officer matched Costello's car to the description of the one in the Route 3 accident. He pleaded not guilty in Plymouth District Court and is due to return for a pretrial hearing on April 21.

The article leaves out many important details about this incident. We do not know whether a field sobriety test was administered, or what police say they observed when they interacted with Costello. He was charged with OUI second offense, failure to stop for police, a marked lanes violation and negligent operation of a motor vehicle. In a Massachusetts DUI with evidence of poor driving, it is important for a Plymouth, Massachusetts OUI lawyer to point out normal interaction that the motorists has with the officer, evidence of good balance and coordination and mental alertness.

Continue reading "Second Offenes Massachusetts OUI in Plymouth District Court for Kingston man" »

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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As a Massachusetts drunk driving criminal defense attorney, I was surprised to see that the Stoughton police made five intoxicated driving arrests in one day recently. As is routine in Massachusetts OUI cases, all five had their driver's licenses seized. All of the drivers were released on bail or on their own recognizance.

Most of the arrests were for first OUI offenses. But one 49-year-old Stoughton man was arrested on a second and more serious drunk driving charge. Around 2 a.m. on Feb. 20, a Stoughton police officer spotted a vehicle speeding on Central Street. He also heard a loud noise and realized that both passenger-side tires had blown out, causing them to smoke as the vehicle moved. When the officer stopped this driver, he found an open container of an unspecified type of alcohol. Richard Eugene Tweedy was charged with having an open container in a motor vehicle, as well as with a second-offense OUI. He was arraigned in Stoughton District Court and will have to return to court in April.

The help of an experienced Massachusetts OUI lawyer is crucial in a case like this, because the penalties for a second OUI are more severe than for a first offense. With a conviction for a second-offense OUI, drivers face mandatory 30-day jail sentences. They lose their licenses for two years -- not just one -- and must wait 18 months rather than three before they're eligible for a hardship license that lets them get to work or school. If they do get the hardship licenses, they must install ignition interlock devices, at their own expense, in their vehicles for two years. They also are required to go to alcohol or drug treatment and, at the judge's discretion, can even serve up to two and a half years of jail time. There are exceptions, but by far the best way to avoid these harsh second-OUI penalties is to avoid having a first OUI to begin with. That's why you should hire an Massachusetts OUI defense attorney to handle any first charge, before it can set you up for harsh, avoidable penalties down the road.

Continue reading "Stoughton Man Charged With Second Offense OUI in Stoughton District Court" »

A 24-year-old Brockton man is facing Massachusetts OUI charges after police say he rear-ended another car on Friday morning, the Patriot Ledger reported.

In this case, Braintree police issued a summons for the defendant to appear in Quincy District Court.

Police charged him with second-offense operating under the influence of alcohol, as well as operating on a suspended driver's license, negligent operation of a motor vehicle and having an open container of alcohol in a motor vehicle.

The defendant allegedly crashed his Nissan Altima into the rear of a Mazda driven by a Weymouth woman. The woman was stopped on Commercial Street at the Elm Street intersection.

Neither driver was seriously injured, according to the Patriot Ledger.

Continue reading "Brockton man faces Massachusetts OUI charges in Quincy District Court" »

A Weymouth, Massachusetts man, Donald J. McNicol, was charged with a Fourth Offense OUI. McNicol was charged with DUI after news reports from the Patriot Ledger indicate that he sped past a police car and failed to stop at a red light. Quincy police found an open can of beer in the car and assert that McNicol failed field sobriety tests.

A Massachusetts Fourth Offense DUI is a serious charge that carries a likely potential that a motorist will receive the maximum penalty after trial in the district court of 2.5 years in the house of correction. A Fourth Offense carries a mandatory minimum jail sentence of one year to serve without the possibility of parole or credit for good time. A fourth offense OUI is a felony offense and carries with it a ten year loss of license.

On a fourth offense, many judges would be unwilling to impose a sentence of minimum jail time, particularly after trial. Depending on the strength of the case, in some cases a Massachusetts DUI lawyer can obtain a reduction in the offense level. This occurs for a number of reasons, either because of the relative strength of the Commonwealth's case or because the Commonwealth will have difficulty proving prior convictions. A fourth offense OUI will require a vigorous defense to prevail at trial or to obtain a favorable plea agreement if the defendant wants to resolve the case. Bail will typically be requested by the Commonwealth on any offense over a third offense.

Continue reading "Weymouth man faces fourth offense Massachusetts OUI charge in Quincy District Court" »

A 45-year-old Attleboro man faces a fifth-offense Massachusetts drunk driving charge after a motorist called police on a cell phone and followed the man's vehicle, claiming he was "all over the road," The Sun Chronicle reported over the weekend.

This is a very serious charge. A fifth-offense DUI charge carries a mandatory two-year jail sentence, a sentence of up to five years; a fine of up to $50,000 and a lifetime loss of driving privileges with no hardship consideration, under Massachusetts drunk driving law.

In this case, an experienced Massachusetts DUI lawyer should represent the defendant in Attleboro District Court.

The man was arrested in North Attleboro at Landry Avenue and Mt. Hope Street at about 8:45 p.m. Thursday. The patrolman spotted the defendant's pickup truck on Route 1 at Orne Street after receiving a dispatch to be on the lookout for an erratic driver, according to police.

A motorist who called police said he first spotted the vehicle in Walpole before spotting it again on Route 1 in Plainville. Police reported recovering an empty bottle of vodka from the vehicle.

The man faces charges of drunk driving, failure to drive within marked lanes, driving without a license, driving to endanger, and driving a motor vehicle with an open container of alcohol.

Continue reading "Attleboro man faces 5th Massachusetts drunk driving charge" »

An Attleboro, Massachusetts man, Thomas Powers, was arrested and charged with a Fourth Offense OUI. According to the news report, Powers was charged with operating on a revoked license for a prior DUI charge. If Powers is found guilty of a DUI in Massachusetts while driving on a revoked license for DUI, he faces a mandatory jail sentence of one year on the charge of driving on a license suspended for DUI.

Additionally, Massachusetts DUI law Chapter 90 Section 23 requires that any sentence on the charge of driving with a license suspended for OUI while under the influence run on and after any sentence on the underlying OUI charge. Accordingly, Powers would still face the Fourth offense OUI charge which also carries a mandatory minimum jail sentence of one year. That sentence, unless the district attorney agrees to drop or reduce the license suspension charge, would run on and after the charge of driving on a suspended license for OUI while OUI.

Continue reading "Attleboro, Masschusetts man arrested for a Fourth Offense DUI " »

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.

Continue reading "2nd and subsequent offense Massachusetts DUI/OUI convictions " »

Massachusetts DUI law allows the Commonwealth to move for forfeiture of the motor vehicle of any motorist convicted of three or more DUI offenses. A Fall River man may face forfeiture proceedings as the Easton police will attempt to seize the motor vehicle of Ronald Marovelli.

Under Massachusetts law, Chapter 90 Section 24W the Commonwealth can petition the court for forfeiture of the motor vehicle of any motorist convicted of three prior OUI offenses in Massachusetts or any other state. The forfeiture proceeding is a civil suit that the Commonwealth can initiate either in the district or superior court having jurisdiction over the criminal case. If the motor vehicle is jointly owned, the OUI defendant shall have the burden of proving that the vehicle is not subject to forfeiture because the claimant is dependent on the motor vehicle for the livelihood or maintenance of his or her family.