Massachusetts DUI Attorney Blog

The recent case of a man charged with OUI in Attleboro shows just how disruptive an OUI conviction can be in a person's life.

The 69-year-old now must spend the next year in jail. Massachusetts OUI lawyers fight these cases so aggressively because we know the potential penalties can be so disruptive for families.

In this situation, according to The Sun Chronicle, the man pleaded guilty after driving on the wrong side of Route 1 and nearly colliding with two cars. Authorities say he was operating a vehicle under the influence.

John J. Michaelson entered a plea and was sentenced by Judge Daniel O'Shea in Attleboro District Court. He could have faced up to 2 1/2 years in jail, but was sentenced to a year. Because he had already been in custody for a year awaiting trial, he was released on the day he entered his plea. A defendant who is held in custody prior to sentencing or plea is entitled to credit for the jail time served awaiting a resolution of the case.

The article states that the rest of the jail term was suspended with probation and a condition that he submit random urine testing and undergo an alcohol assessment. He will have his license suspended for ten years as a result of the conviction of a 4th Offense OUI in Massachusetts. If the defendant has any other convictions for DUI, that were unknown to the court, but recorded by the RMV, he would face a lifetime license loss. The license suspension for a Massachusetts OUI offense is governed by the number of OUI offense throughout a person's lifetime that are required in the RMV records.

He was arrested Oct. 10, 2010 after spotted by an off-duty Walpole police officer. He was driving south in the northbound lanes of Route 1. The man has a history of drunken-driving arrests, dating back to 1981, prosecutors said in asking for a two-year jail term.

The defendant is a U.S. Army Veteran who served during the Cuban missile crisis in 1962 and has advanced degrees in engineering and industrial technology, along with a business degree. He is going to enter an alcohol treatment program, his attorney said.

It's a good thing that the defendant is taking the steps to enroll in an alcohol treatment program and has gone 13 years without an arrest. These are things that can always help a defendant in an OUI case.

Continue reading "4th Offense OUI conviction from Attleboro District Court results in one year jail sentence " »

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" »

Massachusetts drunk driving trials sometimes turn on what evidence the judges permits to come into evidence at trial. In a case where a motorist submit to a breathalyzer test, a major issue in the case is the admissibility of the test results. At a Massachusetts DUI trial, the judge should conduct an evidentiary hearing prior to trial, either on the day of trial or at a hearing prior to trial, depending on the preference of the court, to determine the admissibility of the breathalyzer test results.

In the case of Commonwealth v. Lopes, decided March 29, 2011, the court allowed the breathalyzer test results into evidence, but committed error of law by allowing the Section 5A rights form, stating that the defendant had the right to an independent medical test. The SJC held that the part of the form containing the defendant's right to independent testing should have been redacted as it was irrelevant to the issue of the reliability of the breathalyzer test results.

The Massachusetts DUI lawyer properly objected to the admissibility of the advisement of this right on the grounds that the jury may infer that the defendant did not seek further testing because he thought the results were accurate. The court found the admissibility of this right to independent testing to be harmless in the case, but did hold that it was not properly admitted into evidence.

A 37-year-old woman is facing OUI charges in Hingham after police say she was driving drunk with an infant in the car, according to a report in the Patriot Ledger.

A Hingham drunk driving defense attorney should always be consulted when a mother is accused of OUI with children in the vehicle. As we reported recently on our Massachusetts DUI Attorney Blog, the government reports a 36 percent increase in the number of women facing drunk driving charges. Such allegations frequently lead to charges of child endangerment and the inclusion of child welfare authorities in your affairs, which can create all sorts of undesirable complications.

In this case, Gayle E. Drummond, of Norwell, was charged with third-offense drunk driving in Massachusetts, as well as driving to endanger, having an open container of alcohol in a motor vehicle and child endangerment while driving drunk. She posted $5,000 bond after being arraigned in Hingham District Court.

She has been ordered by a judge to complete a residential treatment program and to submit to drug and alcohol tests. Police say she drove into a snowbank with her baby in the car on Jan. 15 and had an open container of alcohol in the car when stopped by police. She is also accused of missing three court dates.

The Patriot Ledger reports she was charged with drunk driving in 1997 and in 2004. The earlier arrest included an alleged drunk driving accident in which she is accused of driving into a tow truck and seriously injuring two of her passengers.

Too often, clients complicate their legal picture by failing to show up for court. We encourage you to consult an attorney as soon after your arrest as possible. Missing court dates will only result in the court requiring cash bail or setting a higher bail amount.

Continue reading "Aggressive defense required when Massachusetts OUI charges involve children in car" »

A 58-year-old man is facing a Attleboro OUI charge after reportedly being involved in a Massachusetts drunk driving accident that left four people injured. The Sun Chronicle reports a driver fled the scene after being involved in the three-car accident.

Kenneth Frates, 58, allegedly collided with a car on I-95 about 2 a.m. Sunday before driving off the highway and into the woods. The other car spun around on the highway and was struck head-on by a third vehicle, according to Massachusetts State Police. A tow truck driver told police that Frates and a passenger walked to a nearby Shell station and got a ride.

He was ordered held on $7,500 bail after pleading innocent to a third-offense drunk driving charge, leaving the scene of an accident with personal injury and driving after his license was revoked for drunk driving. A third-offense drunk driving charge is a very serious charge that will require an experienced Attleboro OUI defense lawyer. Penalty for a conviction includes at least a six month jail sentence, an eight-year license suspension and a third offense is considered a felony offense.
Massachusetts Law Chapter 90 Sec. 24 also provides for other penalties and requirements of supervision, including ignition interlock devices.

The Sun Chronicle reports that Frates was convicted of his second drunk driving offense in 2005 in Wareham District Court. He suffered a broken nose and had dried blood on his face when police arrested him a short time after Sunday's accident.

Cases in which a defendant is not immediately arrested can provide a number of possible defenses. Traumatic injury can also impact a motorists' ability to comply with field sobriety or breathalyzer examinations and alcohol consumption between the time of the accident and the time of arrest may skew results.

Frates's defense lawyer also denies that his client caused the accident.

Continue reading "Third-offense drunk driving charge in Massachusetts alleged after car accident" »

A man facing Fall River OUI charges in connection with a Massachusetts drunk driving accident has been denied bail and ordered held in custody pending trial.

In denying bail, the Herald News reported that the judge cited the defendant's poor judgment in causing the June 3 pedestrian accident.

Afonso Oliveira is accused of driving drunk when he hit a woman and three children as they crossed Plymouth Avenue. He is charged with a third offense of operating under the influence, negligent operation of a motor vehicle and failing to stop for pedestrians in a crosswalk. Police allege that he passed through the light at the intersection of Plymouth Avenue and Lyon Street, where he struck the victims. The woman was trapped beneath his SUV and dragged for 200 feet before he stopped. Witnesses lifted the front of the Suzuki SUV, allowing the woman to crawl out. Police report that none of the victims were seriously injured in the accident.

Authorities say Oliveira was cooperative but did poorly on sobriety tests and had trouble understanding English. A Fall River defense lawyer may challenge the results of the tests and the assertion that he did poorly. A language barrier may well have impacted the defendant's ability to follow instructions.

Oliveira was previously charged with drunk driving in 1982 and 1994, the Herald News reported. Each charge was continued without a finding.

Police resolved to increase traffic enforcement in the wake of the accident, including the use of crosswalk decoys to target motorists who fail to yield the right-of-way to pedestrians. Police have issued more than $10,000 in tickets for such violations in the last month.

Continue reading "Fall River OUI suspect denied bail; accused of Massachusetts drunk driving accident" »

A charge of a Third Offense OUI in Massachusetts was brought against a Weymouth man, Michael Tomkins after police allege that Tomkins was under the influence of alcohol while driving with his six year daughter, according to a news account from the Patriot Ledger. A charge of child endangerment is brought when anyone is charged with a DUI offense with a child under 14 in the vehicle. The additional penalty for a child endangerment offense is a one year license loss along with the potential for a jail sentence. The child endangerment statute, Chapter 90 Section 24V was added to Massachusetts OUI laws with the passage of Melanie's Law.

A Massachusetts OUI lawyer defending Tomkins before a jury may wish to attempt to exclude any testimony that Tomkins had a minor in the car while he was driving to avoid having the jury be prejudiced when hearing the testimony as to whether he was impaired while driving. This could be done by asking the judge for a bifurcated trial. The child endangerment charge makes the Massachusetts OUI offense more difficult to defend and would require a careful decision as to whether to proceed with a jury or bench trial.

Based on the news account, it is unclear how strong of a drunk driving case the Commonwealth has. The news account does not mention that the officer observed any erratic driving while following the vehicle for two miles. This would present significant evidence of normal driving for the defense. The severity of the accident will also be an important factor. If the accident only caused minor or minimal damage, a Massachusetts DUI defense attorney could argue that Tomkin did not know he struck the other car. Lastly, it will be important what other observations the officer made to determine that the defendant was under the influence, including manner of speech, appearance as well as balance and coordination, getting out of the car and performing other physical tasks required by the officer, such as field sobriety tests.

Continue reading "Third Offense OUI in Massachusetts for Weymouth man " »

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" »

In Quincy District Court on November 25, 2009, Michael Cocomile was charged with a 3rd Offense Massachusetts OUI while on probation for a second offense. Accordingly, Cocomile has two cases to deal with, defending the 3rd offense OUI charge while also dealing with a probation violation hearing on the second offense.

A Massachusetts probation violation hearing is a hearing to determine whether a defendant violated the terms and conditions of probation. A violation of probation can be a technical violation, like failing to report, pay money or complete a program such as alcohol or drug counseling. A probation violation can also arise when a defendant is arrested for a new offense. While a motorist has a right to a violation hearing, the standard at this hearing is very low, not proof beyond a reasonable doubt, but a standard of preponderance of the evidence. Though the preference is for live witness testimony, the law does not allow the probation department to simply rely on the police report to prove a violation in certain circumstances.

From the news account, it appears as though a violation will be found, meaning that Cocomile will face a sentencing on the second offense OUI, typically a second offense sentence is a 90 or 60 day sentence suspended, meaning that a defendant can only receive a maximum jail sentence of 90 or 60 days on the violation.

Continue reading "Massachusetts 3rd offense OUI charge for Quincy driver on probation for OUI" »

An Attleboro man. Stephen Parker, was charged with a Massachusetts third offense OUI. A third offense OUI is a felony offense and has a mandatory minimum jail sentence of 150 days. Prosecutors will typically seek a sentence greater than the minimum penalty and generally ask for at least one year committed on a third offense. Additionally, a third offense carries with it an eight year loss of license.

If the news accounts are correct, the Attleboro OUI defendant would also face a five year loss of license as a result of refusing to submit to a breathalyzer test. According to the article, it appears as though the police did not observe any erratic operation, but stopped Parker leaving the convenient store after allegedly trying to pick a fight with a patron. It is not clear what basis the officer had to stop the vehicle as the police would need reasonable suspicion to stop a motor vehicle to conduct an OUI arrest. It appears that a Massachusetts OUI lawyer would explore the basis of the stop as a potential DUI defense in this case.

Continue reading "OUI third offense in Attleboro, Massachusetts " »