March 2011 Archives

March 31, 2011

Marblehead Man Arraigned in Salem District Court on 2nd Drunk Driving Arrest


Cameron Crandall, 20, of Marblehead, was charged his second Massachusetts Drunk Driving Charge for after allegedly almost striking three cars from Danvers into Salem.

Crandall was arraigned in Salem District Court earlier this week for Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Essex County District Attorney's Office, Salem Police Officers received a call from dispatch to look for a suspected drunk driver operating a Cadillac that was drifting in and out of lanes in Danvers near the Liberty Tree Mall. A man, who apparently continued to follow Crandall, reported that he had been following the car for some time. When Salem Police also saw the car swerve in and out of lanes, Crandall was pulled over.

The Salem Police Officers that pulled Crandall over reported that they smelled an odor of alcohol and that when asked to produce the registration of the vehicle, he allegedly produced a lottery ticket.

Crandall allegedly failed Field Sobriety Tests, but when asked to submit to a Breathalyzer Test, he refused. Under Massachusetts DUI / OUI Laws, a Breathalyzer Refusal by a person under the age of 21 is an automatic driver's license suspension for 180 days.

At his arraignment in Salem, Essex County prosecutors reported that Crandall's first DUI / OUI arrest was in 2008 when he was 17. In that case, he drove through a Lynnfield neighborhood and mowed down several mailboxes.

Although Crandall was released on $500 bail from the Salem Police Station following his arrest, he was taken into custody at his arraignment because he was currently on probation out of the Boston Municipal Court on a charge of Malicious Destruction of Property.

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March 27, 2011

Braintree Police Charge Brockton Man with 2nd Massachusetts DUI


James A. Spencer, of Brockton, was arrested this past week by Braintree Police officers on Massachusetts Drunk Driving Charges. He was arraigned in Quincy District Court for Operating Under the Influence of Alcohol, 2nd Subsequent Offense.

According to the Norfolk District Attorney's Office, James Spencer was allegedly stopped early Thursday morning by Braintree Police Officers responded to a report of a vehicle driving erratically and which may have struck the curb several times. Officers then allegedly observed Spencer operating his vehicle at the intersection of Hancock and Plain Street, where the then signaled for him to stop his car.

Braintree Police allegedly observed "possible signs of intoxication" and asked him to perform several Field Sobriety Tests. Because nobody can pass any Field Sobriety Tests in Massachusetts with 100% success, he was placed under arrest for OUI / DUI.

Although James Spencer allegedly recorded a reading of over 0.16% when he later agreed to a Breathalyzer Test, as in every OUI / DUI prosecution, it is critical that the defense team evaluate all data to verify that the Breathalyzer machine was properly calibrated and that the test was properly administered.

Additionally, as with many drunk driving cases, that the police claim that the person failed any or all of the Field Sobriety Tests is not fatal to your DUI / OUI defense. The reality is that all Field Sobriety Tests are subjective and the officer's goal when administered these tests is to fail you.

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March 25, 2011

1,000+ DUI Cases Compromised from Miscalibrated Breathalyzer Tests


Police officials in Philadelphia recently acknowledged that miscalibrated Breathalyzer machines had compromised almost 1,200 DUI Charges for the previous year, calling into question most, if not all, of those drunk driving convictions where a Breathalyzer Test was administered.

As a result, the District Attorney's Offices in Philadelphia will initiate a complete review of all DUI / OUI convictions from September 2009 to November 2009, which is believed to be the time period where the miscalibrated Breathalyzer Tests affected those criminal prosecutions.

The miscalibration of these Breathalyzer Tests exemplifies how susceptible these machines are and illustrates the great importance to Consult with a Boston DUI Lawyer to properly evaluate and defend your Massachusetts DUI / OUI Charges.

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March 24, 2011

Beverly Man Arrested on DUI Charges Following Accidents in Lynnfield & Saugus


Mateusz Chruscicki, 34, was arraigned today in Lynn District Court and charged with several Massachusetts Drunk Driving Charges after colliding with several cars on Route 1 in Lynnfield and Saugus.

Chruscicki was charged with Operating Under the Influence of Alcohol, Negligent Operating of a Motor Vehicle, Assault & Battery with a Dangerous Weapon, Leaving the Scene of an Accident Causing Property Damage, and Leaving the Scene of an Accident Causing Personal Injury.

According to the Essex County District Attorney's Office, several 911 calls were placed reporting that a truck on Route 1 had slammed into several cars and that some of the occupants had suffered injuries.

One woman, whose car was located in Lynnfield, who also had an elderly Everett couple in her vehicle, was treated at a local hospital; and another driver in a separate car was taken to Boston's Beth Israel Hospital with serious chest injuries. A third alleged victim suffered minor injuries when his car was allegedly struck from behind, causing it to crash into a guard rail.

Police allege that, even after striking at least three separate cars, Chruscicki allegedly continued driving and struck another car on Route 1 in Saugus that was driven by an elderly Lynn woman. After striking that car, Chruscicki allegedly collided into a telephone pole, which disabled his truck.

Chruscicki was also taken to a Boston hospital for treatment of his injuries.

According to police, Chruscicki was arrested at Massachusetts General Hospital where he allegedly admitted to drinking several vodka cocktails and that he caused the accidents because he was depressed and wanted to hurt himself. If there are any mental health issues, these could also lead to a Defense of Lack of Criminal Responsibility being raised as this case progresses.

Following his arraignment, Chruscicki was held without bail pending a Dangerousness Hearing.

Continue reading "Beverly Man Arrested on DUI Charges Following Accidents in Lynnfield & Saugus" »

March 23, 2011

Westborough Woman Faces 4th Drunk Driving Charge


Karen E. Bleakney, 48, was arrested by Westborough Police Officers last month and charged with Massachusetts OUI Crimes after allegedly crashing her car into a tree in the front yard of a home in Westborough.

Bleakney was arraigned in Westborough District Court and charged with Driving Under the Influence, 4th Subsequent Offense, Operating Under the Influence While License Suspended for Previous Drunk Driving Offense, Negligent Driving, and Leaving the Scene of an Accident After Causing Property Damage.

Following her arraignment, Bleakney was held without bail pending a Dangerousness Hearing.

According to the Westborough Police Department, officers arrived at the address of 132 Milk Street to discover that a car had entered the front yard, struck a tree, and then left the yard. Officers reportedly located Bleakney's car a few streets away, which had significant damage and was missing a front tire. Bleakney was allegedly standing next to the car and identified by a witness as the driver...

It's unclear whether Bleakney submitted to any Field Sobriety Tests, a Breathalyzer Test, or what other evidence Westborough Police discovered to believe that she was allegedly under the influence of alcohol.

In Massachusetts, a 4th Subsequent Drunk Driving Charge carries the potential for significant jail time, up to 5 years - 2 years of which is minimum-mandatory. Additionally, a conviction for a DUI 4th Offense can lead to a Driver's License Suspension for 10 years; cancellation of the vehicle's registration plates; and the District Attorney can seek forfeiture of the vehicle.

If charged with any Massachusetts DUI Crime, particularly a subsequent OUI offense, you should immediately Consult with a Boston Drunk Driving Lawyer.

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March 21, 2011

Massachusetts Truck Driver Arrested for DUI Charge


Paolo Rogerio Bersan, 39, of Everett, was arrested and charged with Massachusetts Drunk Driving Charges earlier this month when his truck was pulled over for being in an area over the weight limit.

Berson arraigned in Dedham District Court on Operating a Motor Vehicle After License Suspended for DUI / OUI.

According to the Wellesley Police Department, an officer in the area of Washington Street stopped the truck allegedly driver by Paolo Rogerio Bersan because the area had a weight limit of 5 tons. Besan's truck was believed to weigh greater than 5 tons, and was eventually weighed and found to be 7.5 tons.

The Wellesley Police Officer reported that Berson could not produce a valid Massachusetts Driver's License, and a check with the Registry of Motor Vehicles revealed that his license had been suspended for a previous Massachusetts Drunk Driving Charge.

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March 19, 2011

Massachusetts Police Arrest Man Sleeping in Car for DUI / OUI


Anthony Diamantakis, 34, was arrested this past week on Massachusetts Drunk Driving Charges after he was discovered sleeping behind the wheel of his car, and allegedly under the influence.

According to the Stoneham Police Department, officers responded to a parking lot on Audubon Road to investigate a man who had been sitting in his car for a long time. As officers approached the car, they allegedly observed Diamantakis asleep at the wheel of the car, with the engine running.

After waking Diamantakis up and speaking with him, Stoneham Police were somehow able to determine that he was 'under the influence of alcohol', despite, it appears, him not performing any Field Sobriety Tests or taking a Breathalyzer Test.

Anthony Diamantakis was ultimately arrested for Operating Under the Influence, First Offense.

Can You Be Arrested for OUI / DUI If the Car is Not In Motion?

The short answer is, yes. The Massachusetts Supreme Judicial Court recently addressed the issue of whether an intoxicated driver can be found guilty of DUI / OUI in Massachusetts where, although the key was in the ignition, the car was not 'on' and not in motion.

For purposes of 'operating under the influence' cases, Massachusetts law defines "operation" as anytime a person intentionally does an act or makes use of any mechanical or electrical agency, which alone or in sequence, sets in motion the motive power of the vehicle.

Therefore, under the law, simply turning the key to the "on" position could constitute part of that sequence that could set the vehicle's engine in motion, and is, therefore, considered to be "operation" for purposes of an OUI / DUI.

In the case of Anthony Diamantakis, if he was behind the wheel and the engine was running, there is no question that he was 'operating' the car. The issue of attack in his case, then, is whether he was operating while under the influence of drugs or alcohol.

In challenging the DUI Charges in this case, as in many similar cases, the issue is not only whether he was 'under the influence' in the first place, but also whether his being under the influence affected his ability to safely operate the motor vehicle. Without any additional evidence that actually drove and wasn't able to do so in a safe manner (e.g., he was observed speeding; not able to stay in his lane; etc), it appears he may have a strong challenge against the prosecution's case.

Continue reading "Massachusetts Police Arrest Man Sleeping in Car for DUI / OUI" »

March 17, 2011

Stoneham Man Putting Gas in His Car Arrested for Drunk Driving


William Norris, 53, of Stoneham, was arrested this past week on Massachusetts Drunk Driving Charges while he was filling up his car with gas.

According to the Stoneham Police Department, officers alleged observed Norris to be intoxicated when he was filling his car with gas (although they don't mention what specific details led them to that conclusion). Officers then allowed Norris to enter his car and drive off before pulling him over.

Once stopped by the Stoneham Police on suspicion of drunk driving, Norris denied that he had had anything to drink, but then agreed to perform Field Sobriety Tests. Because NOONE can ever pass 100% ANY Field Sobriety Tests based on the ridiculous and subjective nature of these tests, Norris was arrested for DUI / OUI.

Police also claim they found a bottle of vodka in the car, but it's not clear whether the bottle was even open, nor was there any indication that Norris smelled of alcohol or exhibited any other outward signs of intoxication, such as slurred speech.

William Norris was formally charged with Operating Under the Influence of Alcohol.

Continue reading "Stoneham Man Putting Gas in His Car Arrested for Drunk Driving" »

March 15, 2011

Beverly Police Arrest Lowell Man with 6th Drunk Driving Charge


Peter Fanning, 50, of Lowell, was arrested on Massachusetts Drunk Driving Charges after Beverly Police Officers found him slumped over the wheel of his pickup truck at a rest stop on Route 128. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Massachusetts State Police and Beverly Police Officers responded to the service plaza off 128 in Beverly this past weekend sometime after 10:00 p.m. after a passerby noticed the driver of a pickup truck passed out behind the wheel, which was allegedly still running.

When the Beverly Police Officers tried to wake up the driver, identified as Peter Fanning, he allegedly tried to get out of the truck and run. After speaking with police, he allegedly admitted to having a few beers, and Massachusetts Trooper reportedly found open and empty beer cars in the car.

Although Fanning refused the Breathalyzer Test, he reportedly submitted to a failed several Field Sobriety Tests.

Following his arraignment in Salem District Court, Fanning was held without bail pending a Dangerousness Hearing. At the Dangerousness Hearing, the issue before the hearing judge will be whether Fanning poses a serious danger to himself and/or the community if released. From several recent DUI cases where the defendant had been charged with subsequent drunk driving charges that have been brought in Essex County, judges on the North Shore have recently had a tendency to hold subsequent DUI offenders without bail.

Massachusetts DUI / OUI 5th or Subsequent Charges carry a minimum-mandatory sentence of not less than 2.5 years and up to 5 years in state prison, along with a Lifetime Revocation of the person's Driver's License.

Given the extremely severe penalties, persons charged with any Massachusetts Drunk Driving Crimes should immediately Contact a Massachusetts DUI / OUI Lawyer.

Continue reading "Beverly Police Arrest Lowell Man with 6th Drunk Driving Charge" »

March 14, 2011

Taunton Man Charged with Drunk Driving After Crash on Route 24 in West Bridgewater


Brian Dagraca, 23, of Taunton, was arrested on Massachusetts Drunk Driving Charges following an accident on Route 24 in West Bridgewater early Sunday morning. Dagraca was formally charged with Driving Under the Influence of Alcohol and Negligent Operating of a Motor Vehicle.

According to the West Bridgewater Police Department, the Brian Dagraca allegedly struck a pickup truck on Route 24. The driver of that vehicle, Kelly Sardinha, 35, also of Taunton, was transported and treated at a West Bridgwater Hospital with minor injuries.

No details of the were available as of the time of this post, including whether what evidence was alleged to believe that Dagraca was allegedly operating his car under the influence of alcohol. For example, it is not known whether any Field Sobriety Tests were administered and/or whether he submitted to a Breathalyzer Test.

Either way, persons charged with a Massachusetts DUI / OUI face severe consequences, including potential incarceration and loss of their driver's license, and should immediately Contact a Massachusetts DUI / OUI Lawyer.

Continue reading "Taunton Man Charged with Drunk Driving After Crash on Route 24 in West Bridgewater" »

March 13, 2011

Massachusetts State Trooper Hit by Drunk Driver


The police cruiser of Massachusetts State Trooper Brian Berry, 43, was injured early this morning after his car was allegedly struck by a drunk driver on I-93 in Quincy. The driver of that vehicle, Wayne Leduc, 40, of Milton, was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, Trooper Berry was pulled over on I-93 in Quincy and out of his cruiser when it was allegedly struck by Leduc from behind. The impact of the collision caused Berry's cruiser to then strike him as he was standing in front of it.

The Massachusetts State Police report that Trooper Berry was taken to Boston Medical Center for treatment of leg injuries.

Meanwhile, Wayne Leduc was arrested and scheduled to be arraigned Monday morning in Quincy District Court on Massachusetts DUI / OUI Charges.

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March 10, 2011

Wakefield Man Arrested on Drunk Driving Charges Following Domestic Dispute


Garrett Lucey, 28, of Wakefield, was recently arrested on Massachusetts Drunk Driving Charges last month following an alleged Domestic Altercation with a woman.

According to the Melrose Police Department, officers were called to the neighborhood of First Street in Melrose for a report by a woman who claimed that she was involved in a verbal dispute with Garrett Lucey. A search of the area for Lucey nearby, officers discovered that his car had been involved in an accident. At the intersection of Upham Street and Greystone Road, Lucey allegedly struck a car heading in the opposite direction.

Lucey was arrested and charged with Operating Under the Influence of Alcohol and Threat to Commit a Crime.

Notably, the Melrose Police Department did not disclose whether Garrett Lucey submitted to any Field Sobriety Tests and/or a Breathalyzer Test.

Continue reading "Wakefield Man Arrested on Drunk Driving Charges Following Domestic Dispute" »

March 8, 2011

Revere Man Arrested on 4th Massachusetts Drunk Under the Influence Charge


DUI arrest.jpegJesse Dalrymple, 44, of Revere, was arrested on Saturday night on Massachusetts OUI Charge after he was allegedly speeding in Revere. Dalrymple was formally arraigned yesterday with his 4th Driving Under the Influence Charge in Chelsea District Court and released on $200 cash bail.

According to the Massachusetts State Police, Jesse Dalrymple was allegedly speeding in Revere and drifting across lanes while on Ocean Avenue. The state trooper who pulled his car over alleges that he was traveling double the speed limit.

Just as all police officers are trained to do and what seems like 'cut and paste' from their training manuals, the State Trooper also alleged that Dalrymple 'stumbled out of the truck' and 'staggered towards him'; and that he also had 'glassy, bloodshot eyes', 'slurred speech' and had a 'strong odor of alcohol' about him.

Jesse Dalrymple did submit to a Breathalyzer Test, which purportedly produced a reading of 0.18%, more than double the legal-limit. In Massachusetts, you are legally presumed to be impaired if you blow a reading of 0.08% or above.

The Massachusetts State Police Trooper also alleged that Dalrymple failed all the Field Sobriety Tests that he was asked to perform. ...I'm assuming that every person 'fails' the Field Sobriety Tests because I can't recall ever seeing a police report where the officer admits that the person passed any of the tests...

Dalrymple had previously been charged with Operating Under the Influence in Ayer, Somerville and Charlestown. Now charged with his 4th Massachusetts DUI, Dalrymple is facing imprisonment of not less than 2 years and up to 5 years, as well as a loss of his Driver's License for 10 years.

For these and many other others, including the severe consequences involved with Massachusetts DUI / OUI Charges, if you are arrested on drunk driving charges, you should immediately Contact a Boston DUI / OUI Lawyer.

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March 6, 2011

Melrose Man Arrested on Massachusetts DUI and Vehicular Homicide Charges


William J. Halpin, III, 25, of Melrose, was arrested on Massachusetts Drunk Driving & Related Charges for allegedly killing a taxi driver and injuring a young child this past Friday in Lynnfield. He is scheduled to be arraigned tomorrow morning in Peabody District Court for Driving Under the Influence of Drugs, 2nd Subsequent Offense, Possession with Intent to Distribute a Class D Controlled Substance, and Vehicular Homicide.

According to the Massachusetts State Police, Halpin was allegedly driving in the Lynnfield area of Route 1 this past Friday when he struck a taxi driver in the breakdown lane. Victor Vargas, 42 of Lynn, was the taxi driver who was parked on the side of the road because his car had been involved in a minor accident with another driver. The other driver and Vargas were standing between the two cars in the breakdown lane when Halpin came and allegedly struck the other car, a Chevrolet Cobalt, then hit Vargas.

Inisde the Cobalt, however, was a 6 year old boy, who suffered serious injuries to his arm and shoulder. The child was transported to Boston's Children's Hospital. The driver of the Cobalt, Patricia Ediamen of North Andover, and two other passengers, a woman from Framingham and another child, were not hurt in the crash.

Massachusetts State Police responded and William J. Halpin, III, was arrested on scene. Inside his car, state troopers allegedly seized several small bags of marijuana.

There is no indication at this point whether Halpin was actually under the influence of drugs at the time of the accident, so it appears that he was charged with Massachusetts DUI Drugs simply because of his alleged possession of marijuana. Without evidence, for example, of Field Sobriety Tests, reckless driving or other indicia that Halpin was 'under the influence of drugs to a degree that impaired his ability to operate the car safely', it does not seem that prosecutors will have a strong case on the DUI / OUI Drugs charge, despite the seriousness of the accident.

As with all Massachusetts DUI / OUI Crimes, the penalties one faces are severe and those charged with drunk driving should immediately Contact a Boston DUI / OUI Lawyer.

Continue reading "Melrose Man Arrested on Massachusetts DUI and Vehicular Homicide Charges" »

March 4, 2011

West Roxbury Man Arrested for DUI After Crash on American Legion Highway


A West Roxbury man was arrested by Boston Police Officers on Massachusetts Drunk Driving Charges after he allegedly crashed his car on the median on American Legion Highway last Sunday. He was arraigned on 1st Offense DUI / OUI Charges in West Roxbury District Court on Monday.

According to Boston Police, officers discovered tire tracks the length of about 50 yards on the median of American Legion Highway in Roslindale. The car was still on the median and had two flat tires, and the driver was allegedly standing beside the car.

The driver then told Boston Police that he was on his way home and that another car had cut him off, which had caused him to crash onto the median. Boston Police Officers, however, allegedly observed the West Roxbury man to have glassy eyes and be unsteady on his feet; and further allegedly claimed that he had admitted to having drank alcohol.

After allegedly failing 'several' Field Sobriety Tests, the driver was arrested for Driving Under the Influence.

Due to the serious nature and consequences of a DUI arrest, you should immediately Contact a Boston DUI Lawyer if ever arrested on any Massachusetts DUI / OUI Crimes.

Continue reading "West Roxbury Man Arrested for DUI After Crash on American Legion Highway" »

March 2, 2011

Roslindale Man Arrested for DUI After Route 24 Crash in Brockton


DUI Crash_Roll Over.jpgConsalveste Bazile, 31, of Roslindale, was arrested earlier this week on Massachusetts Drunk Driving Charges after her allegedly illegally changed lanes and struck a car on Route 24. He was formally charged with Operating Under the Influence of Alcohol and Reckless Driving.

According to the Massachusetts State Police, Bazile allegedly changed lanes at Exit 19 on Route 24, causing another car to go off the road. That car, driven by Jazqueline Price, 23 of Brockton, rolled over and ended up in the brush on the side of the road. She was taken to a local hospital and treated for minor injuries.

It has not been reported what prompted the Massachusetts State Police to charge Consalveste Bazile with DUI Charges. There is no indication, aside from a marked lanes violation, that his operation of the car suggested that his ability to drive the car was impaired by alcohol; and it's not clear whether he submitted to any Field Sobriety Tests and/or to a Breathalyzer Test.

Notably, Exit 19 appears to be an area where there has been an abundance of accidents in recent years. In 2008, the most recent year for which accident data is available in that area, there were 51 accidents at that location. Consequently, if this case goes to trial, data suggesting the unsafe nature of the exit could come in to play in Bazile's defense.

Continue reading "Roslindale Man Arrested for DUI After Route 24 Crash in Brockton" »

March 1, 2011

Boston Police Make DUI Arrest After Man Tried Driving Down Stairs


Boston Police Officers on routine patrol nearby had their attention drawn to a car that was parked on the steps of an East Boston building, and ultimately arrested the driver on Massachusetts DUI / OUI Charges when he drove the car down the steps.

Ariel Pineda, 18, was the alleged driver of the car, and was arraigned in East Boston District Court on drunk driving charges of Operating a Motor Vehicle Under the Influence of Alcohol.

Boston Police reported that they heard a pedestrian yell at the driver to get out of the car and they observed the car atop the steps of a building located on Border Street in East Boston. Three passengers got out of the car, but the driver, Ariel Pineda, allegedly decided to drive the car down the stairs.

When the car finally came to a stop at the bottom of the stairs, Pineda was removed from the car and Boston Police report that he appeared "disoriented" and admitted to having been drinking.

It's unclear how the car got to the top of the steps in the first place...

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