April 2011 Archives

April 29, 2011

Former Boston Red Sox Pitcher Derek Lowe Arrested for DUI


lowe.jpegDerek Lowe, 37, the baseball pitcher who played for the Boston Red Sox for 8 years, was arrested this past week on Drunk Driving Charges. He has been charged with Operating Under the Influence of Alcohol, Reckless Driving, and Failure to Stay in Marked Lanes.

Now playing for the Braves, Derek Lowe was arrested by police in Atlanta where he now plays for the Braves. Initial reports indicate that Lowe was pulled over for possibly racing another car. The police officer who pulled him over reported that he "detected a strong odor of an alcoholic beverage" and asked him to perform Field Sobriety Tests. Derek Lowe did refuse, however, to submit to an Alcohol Breath Test.

In his 8 seasons playing for the Boston Red Sox, Derek Lowe had a record of 70-55, along with 85 saves and an ERA of 3.72.

DUI / OUI in Massachusetts carries a potential penalty of up to 2.5 years in the House of Corrections, along with fines/fees of up to $5,000, and suspension of your Massachusetts Driver's License for 1 year.

Because Massachusetts Drunk Driving Laws presume an 'Alternative Disposition' for first-time offenders, persons charged with OUI / DUI should strongly consider taking their OUI case to trial and fighting the drunk driving charges. This is so because, even upon a disposition, such as Continuance Without a Finding, the Massachusetts Registry of Motor Vehicles still considers this as the equivalent as a conviction or Guilty plea.

Continue reading "Former Boston Red Sox Pitcher Derek Lowe Arrested for DUI" »

April 27, 2011

North Andover Man Arrested for OUI Drugs


George Tzokos, 42, of North Andover, was arrested this past Monday for allegedly violating the Massachusetts Drunk Driving Laws and has been charged with Operating Under the Influence of Drugs.

According to the North Andover Police Department, George Tzokos was stopped by police after allegedly making an illegal left turn. Officers who pulled him over allege that he 'appeared to be under the influence of an opiate'. There is no indication what other factors led police to believe that Tzokos was Driving Under the Influence of Drugs, e.g., whether he submitted to any Field Sobriety Tests and/or an Alcohol Breath Test.

A passenger in Tzokos' car, Damian Kazakides, was also arrested and charged with Unlawful Possession of Class E Drugs.

Massachusetts DUI / OUI Law of Operating Under the Influence of Drugs carries a potential for imprisonment of up to 2.5 years in the House of Corrections, fines up to $5,000 and suspension of the person's Massachusetts Driver's License for 1 year.

1st Offense Massachusetts OUI / DUI Offenders can often take advantage of an 'Alternative Disposition' where the person charged elects to change his plea from 'not guilty' and admit 'sufficient facts for a finding of guilty'. In this scenario, the OUI / DUI charge would be 'Continued Without a Finding' and the person would be placed on probation; ordered to enter and complete a Drug-Alcohol Education Program; pay fines/fees in the area of $1,000 or more; and lose his/her Massachusetts Driver's License between 45-90 days.

Notwithstanding the tempting 'Alternative Disposition', each and every Massachusetts OUI Arrest should be evaluated to determine the strengths and weaknesses of the government's case. Though many people charged with drunk driving crimes believe that there is no chance to beat the case, the reality is that the majority of OUI cases have very triable issues that should be considered. As such, anyone charged with a DUI / OUI in Massachusetts should Contact a Boston DUI Lawyer.

Continue reading "North Andover Man Arrested for OUI Drugs" »

April 26, 2011

Fall River Man Cited for Alleged DUI Following Crash


Jason J. Reis, 33, of Fall River, was summonsed into court on Massachusetts Drunk Driving Charges after crashing his car this past weekend. Reis will be charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to Fall River Police, Reis was allegedly driving on North Main Street when he attempted to turn without signaling. As he did so, he allegedly struck another car. Following the accident, Jason Reis was taken to an area hospital to be treated for his injuries.

Simply because a person was involved in an accident is not fatal to your Massachusetts OUI / DUI case. Certainly, however, prosecutors will attempt to use each and every factor to establish evidence that your ability to operate a motor vehicle safely was impaired by alcohol or drugs.

Other common factors that police and prosecutors rely upon in Massachusetts DUI Charges are the smell of alcohol on your breath; unsteadiness on your feet; slurred speech; presence of alcohol containers in the car; and certainly, evidence of Field Sobriety Tests or Alcohol Breath Tests.

Continue reading "Fall River Man Cited for Alleged DUI Following Crash" »

April 23, 2011

Somerville Man Charged with DUI and Vehicular Homicide


Kenneth Brelew, 21, of Somerville, was arrested yesterday morning on Massachusetts Drunk Driving Charges that left three people hospitalized and one woman dead. He is scheduled to be arraigned Monday morning in Somerville District Court on DUI / OUI charges including Operating Under the Influence of Alcohol and Vehicular Homicide.

According to the Massachusetts State Police, Kenneth Brelew and four friends left a party early Friday morning and were traveling on McGrath Highway and Brelew apparently lost control of his car and crashed into a barrier. State Police believe that speed was also a factor.

Four of the passengers in the car, Jerry Altidor and Rudolph Reis, both of Somerville, and Rafaela Pereira, of Everett, were all taken to Massachusetts General Hospital to be treated for minor injuries. Another passenger, however, a 16 year old woman, died at the scene of the crash.

It is not known whether Kenneth Brelew was asked to perform any Field Sobriety Tests or if he submitted to an Alcohol Breath Test.

The Massachusetts DUI / OUI Crime of Motor Vehicle Homicide criminalizes conduct of a person who is intoxicated and then operates a car negligently and recklessly and which causes the death of another person.

The law in Massachusetts punishes those convicted of Vehicular Homicide with commitment to state prison for 2.5 to 15 years; or if committed to the House of Corrections, for a period of 1 to 2.5 years. In those cases, however, where there is no evidence of reckless or negligent driving but only the BAC of the person is 0.08% or greater, the penalty imposed may be as little as 30 days in the House of Corrections.

Aside from the possibility of imprisonment, a conviction for the Massachusetts Crime of Vehicular Homicide will certainly lead to a suspension of the persons driver's license - 15 years for a first-time offender and up to life for a subsequent offender.

Though where the death of another results is a tragedy under any circumstance, the person charged will certainly want to consider all his/her legal avenues. There may, after all, be a very viable defense which illustrates that what resulted was truly an accident.

For those reasons, persons charged with any Massachusetts Drunk Driving Crimes, particularly Vehicular Homicide, should Contact a Boston DUI Lawyer.

Continue reading "Somerville Man Charged with DUI and Vehicular Homicide " »

April 22, 2011

Alleged Drunk Driver Hits Massachusetts State Trooper on I-93


minasian.jpgLeslie K. Minasian, 46, of East Bridgewater and former Boston resident, was arrested on Massachusetts Drunk Driving Charges after she allegedly struck a state trooper on I-93 early this morning. She was arraigned in Quincy District Court this morning on charges including Operating Under the Influence of Alcohol, Second Subsequent Offense, and Negligent Operation of a Motor Vehicle.

According to the Norfolk County District Attorney's Office, Leslie Minasian was driving on I-93, near the Route 24 exit, an area that was reportedly under construction and where a Massachusetts State Police Trooper was assigned for traffic control. The Trooper was inside his car, which was parked in a closed lane and with its emergency lights activated, when Minasian allegedly rear-ended the trooper's car with her Land Rover Discovery.

The extent of the Massachusetts State Trooper's injuries were not immediately available, but it was reported that he was hospitalized at Boston Medical Center.

The Massachusetts Drunk Driving Crime of Operating Under the Influence of Alcohol, 2nd Subsequent Offense, carries potential imprisonment of not less than 60 days and not more than 2.5 years in the House of Corrections; a driver's license suspension of 2 years; and installation of an Interlock Device on the vehicle following restoration of the drivers license.

Massachusetts DUI Laws provide for an 'Alternative Disposition', even for DUI 2nd Offenders, which provide for probation and completion of an Alcohol-Treatment Program in lieu of a committed sentence.

Following her arraignment in Quincy District Court on OUI / DUI 2nd Offense Charges, Leslie Minasian was held on $6,500 cash bail.

Continue reading "Alleged Drunk Driver Hits Massachusetts State Trooper on I-93" »

April 18, 2011

Peabody Police Make Three Drunk Driving Arrests This Past Weekend


The Peabody Police Department reports that it has made three arrest for violation of Massachusetts Drunk Driving Laws, including that of a Salem man which charges him with Operating Under the Influence of Alcohol, 3rd Subsequent Offense.

Thomas E. Pelletier, of Salem, Massachusetts, was arrested by Peabody Police Officers for OUI / DUI Liquor. The Peabody Police Department was alerted to look out for a white SUV that was 'driving erratically' after the Lynn Police Department apparently received a call about the SUV from another driver. Peabody Police Officers eventually located the white SUV, allegedly being driven by Thomas E. Pelletier, and pulled it over.

It is not known whether Peabody Police also made independent observations that Pelletier was allegedly driving erratically, nor whether he submitted to any Field Sobriety Tests or a Breathalyzer Test. He was, however, taken into custody following his arrest on charged of OUI Liquor, Third Subsequent Offense.

Peabody Police also arrested Alessio Ticcio, 55, of Revere, Massachusetts, who was charged with Driving Under the Influence of Alcohol; as well as Daniel Turcotte, for Operating Under the Influence of Alcohol and Leaving the Scene of Property Damage.

A Massachusetts OUI / DUI 3rd Subsequent Offense carries potential penalties of minimum-mandatory jail time of not less than 180 days, and up to 5 years in state prison. A conviction for a DUI 3rd Offense could also result in fines up to $15,000; suspension of the person's Massachusetts Driver's License, as well as the statutory cancellation of the person's vehicle registration plates for the duration of the license suspension.

Due to the severe penalties involved in most Massachusetts DUI / OUI Charges, persons charged with any OUI / DUI related crimes should immediately Consult with a Boston DUI Lawyer.

Continue reading "Peabody Police Make Three Drunk Driving Arrests This Past Weekend" »

April 15, 2011

Family Sues Massachusetts Lawyer in Drunk Driving Death of South Hadley Man


The parents of Frederick S. Kareta, III, have filed a lawsuit in Massachusetts Superior Court against against Craig A. Barton, a Springfield lawyer, who has been charged with several counts of Massachusetts Drunk Driving Charges for allegedly striking and killing Kareta.

Attorney Craig A. Barton has been charged in Hampshire Superior Court on several DUI / OUI Charges, including Manslaughter While Operating a Motor Vehicle Under the Influence of Alcohol, Motor Vehicle Homicide, Driving Under the Influence of Alcohol, 2nd Subsequent Offense, and Reckless Driving.

Frederick S. Kareta, III, was struck and killed on August 28th when Attorney Craig A. Barton allegedly swerved onto the property of the home at 75-80 miles per hour. The SUV that Barton was allegedly driving then swerved back to the street after striking Kareta, hit a sign, and then crashed into another car head-on.

According to the civil suit, the family of Federick S. Kareta also named the Orchards Golf Course in South Hadley, as well as the parent company, Orchards LLC, as defendants, alleging that the bar at the golf course was negligent in continuing to serve drinks to Barton despite that he was obviously intoxicated.

The Massachusetts DUI Crime of Manslaughter While Operating A Motor Vehicle Under the Influence of Alcohol is a relatively new OUI crime, which was passed by the Massachusetts State Legislature via "Melanie's Law" in 2005. This drunk driving law punished the act of operating a motor vehicle while under the influence of alcohol or drugs where the crime of Manslaughter results (in other words, the unintentionally killing of another caused from wanton or reckless conduct creating a high likelihood that substantial harm will result to another).

The punishment for the OUI Crime of Manslaughter While Operating a Motor Vehicle Under the Influence of Alcohol is a 5 year minimum-mandatory state prison sentence, with a maximum of 20 years, as well as a minimum 15 years to life and possible lifetime loss of the person's Massachusetts Driver's License.

Continue reading "Family Sues Massachusetts Lawyer in Drunk Driving Death of South Hadley Man" »

April 14, 2011

Attleboro Man Arrested on 6th DUI Charge Following Mansfield Accident


Michael Vallett, 58, of Attleboro, on his 6th Massachusetts Drunk Driving Charge after rear-ending another car in Mansfield last weekend. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense.

Following his arraignment in Attleboro District Court this past week, he was temporarily held without bail pending a Dangerousness Hearing, as the prosecutor alleged that no conditions of bail would reasonably and adequately assure the safety of the public. After hearing arguments at the Dangerousness Hearing, however, a judge imposed $10,000.

The Massachusetts DUI Crime of Operating Under the Influence of Alcohol, 5th or Subsequent Offense, carries extremely severe penalties upon conviction. Not only is the person facing minimum-mandatory jail time of not less than 2.5 years, but he could also face up to 5 years in state prison. Additionally, Massachusetts OUI / DUI Laws for a 5th or Subsequent Drunk Driving conviction also provide for a lifetime loss of the person's driver's license; cancellation of the vehicle's registration plates, and the prosecutor may even seek forfeiture of the vehicle involved.

When facing such severe penalties, those charged with an OUI / DUI in Massachusetts should consult with an attorney who has experience in handling drunk driving cases. Even though a case may seem hopelessly lost, there may very well be numerous avenues to beat your case and defend against the charges.

Continue reading "Attleboro Man Arrested on 6th DUI Charge Following Mansfield Accident" »

April 12, 2011

Massachusetts Mom Arrested for DUI While Driving with Child in Car


Kathleen McCann, 44, of Rehoboth, was arrested this past weekend on Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol, Child Endangerment While Driving Under the Influence of Alcohol, and Reckless Driving.

Rehoboth Police officers stopped McCann's car after responding to a report from a caller that a woman was driving drunk with her 10 year old son. After catching up to McCann's car, Rehoboth Police officers allegedly observed McCann driving erratically and pulled the car over.

According to the police, McCann denied drinking and stated that she was coming from a toy store with her son. Rehoboth police, however, allege that McCann showed 'signs of intoxication', though no details as to what those 'signs' may have been are known at this time.

Kathleen McCann was also charged with Resisting Arrest, as she was allegedly able to free herself from the handcuffs and then struggled with the officers when they tried to put them back on.

The Massachusetts DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs:

When "Melanie's Law" was passed by the Massachusetts State Legislature in 2005, the new DUI / OUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs was put on the books.

Under OUI Laws, Massachusetts criminalizes the operation of a motor vehicle while under the influence of alcohol or drugs with a child aged 14 years or younger is in the car. The penalty imposed upon conviction is a minimum 90 days to 2.5 years in jail for even a first-time offender, as well as a suspension of the person's Massachusetts Driver's License for 1 year.

Additionally, a person could then face two criminal DUI Charges for the same incident if there's a child in the car: he could be charged with Operating Under the Influence of Alcohol or Drugs and Child Endangerment While Driving Under the Influence of Alcohol or Drugs.

OUI Crimes in Massachusetts are prosecuted very aggressively across the state, and if arrested on similar charges, you should immediately Consult with a Massachusetts DUI Lawyer.

Continue reading "Massachusetts Mom Arrested for DUI While Driving with Child in Car" »

April 11, 2011

Bridgewater Woman Arrested on OUI Drugs Charges in Abington


police lights.jpegLinda Marie Couite, 46, was arrested on Massachusetts Drunk Driving Charges after allegedly leading police on a short slow-moving pursuit in Abington.

Couite was arraigned in Brockton District Court for Operating Under the Influence of Drugs, Failing to Stop for Police, Negligent Operation of a Motor Vehicle, and Unlawful Possession of Drugs.

According to the Abington Police Department, officers were called to investigate reports of an 'erratic driver' driving on Washington Street in Abington. Officers reported that Couite allegedly drove her car the wrong way and into traffic, on the sidewalk, and ultimately collided with another car head-on.

Abington Police, after arresting Linda Marie Couite for DUI and Drug Charges, searched her and allegedly discovered two pills of suboxone and seven pills of a Class E Controlled Substance, namely, carisoprodol (which is a muscle relaxant).

The penalties for Operating Under the Influence of Drugs or Alcohol can be severe, even for first-offenders, including imprisonment in the House of Corrections for up to 2.5 years; fines, fees and assessment totaling up to $5,000; and suspension of your Massachusetts Driver's License for 1 year.

Massachusetts DUI Law does provide, however, what is called an 'Alternative 24D Disposition' for first-time OUI offenders, but only if the person 'admits sufficient facts' for a plea of 'Continuance Without a Finding' (similar to a plea of 'no contest').

Whether charged with Drunk Driving in Massachusetts as a first or repeat offender, it is important that you consider and evaluate all your legal options and Consult with a Boston DUI Lawyer.

Continue reading "Bridgewater Woman Arrested on OUI Drugs Charges in Abington" »

April 9, 2011

Lynn Man Charged with 5th Subsequent Drunk Driving Charge Held Without Bail


dui pic 2.jpgJorge Soares, 45, of Lynn, was arraigned yesterday in Salem Superior Court on various Massachusetts DUI Charges, including Operating a Motor Vehicle Under the Influence of Alcohol, 5th or Subsequent Offense.

Soares was arrested back in December after being pulled over by Massachusetts State Police Troopers for allegedly driving his pickup truck on the Lynnway in Lynn in an erratic manner. After being pulled over, Jorge Soares allegedly failed several Field Sobriety Tests, and then taken to a hospital, where his Blood Alcohol Content was allegedly 0.20%, almost three times the legal limit.

Following his arraignment in Salem Superior Court for Operating Under the Influence, 5th Offense, Jorge Soares was held without bail pending a Dangerousness Hearing later this month. At that hearing, the Essex County District Attorney's Office will argue that no conditions of bail or release can protect Soares from posing an immediate danger to the community or himself, and should be held without bail pending trial.

The Massachusetts OUI Crime of Operating Under the Influence of Alcohol, 5th or Subsequent Offense, carries extreme penalties, including commitment to state prison for not less than 2.5 years and up to 5 years; fines totaling almost $50,000; lifetime revocation of your Massachusetts Driver's License; cancellation of the vehicle's registration; and potential forfeiture of the vehicle.

The District Attorney's Offices across every county in Massachusetts seek to prosecute DUI / OUI Charges very aggressively, particularly subsequent drunk driving arrest, and those charged with any OUI crime should immediately Consult with a Boston DUI Lawyer.

Continue reading "Lynn Man Charged with 5th Subsequent Drunk Driving Charge Held Without Bail" »

April 8, 2011

Bridgewater Man Arrested in Lynn on 3rd Drunk Driving Charge


dui pic.jpgScott Gauthier, 45, of Bridgewater, was arrested yesterday in Lynn on his 3rd Massachusetts Drunk Driving Charge after he was allegedly found to be driving a stolen car.

Gauthier was arraigned Thursday in Lynn District Court on various DUI Charges, including Operating Under the Influence of Alcohol, 3rd Subsequent Offense, Operating Under the Influence of Drugs, and Receiving Stolen Motor Vehicle.

According to the Essex County District Attorney's Office, a Massachusetts State Police Trooper responded to an accident on the Lynnway in Lynn, and was told that one of the driver's allegedly involved in the accident had fled the area. After a search of the are, the car believed to be involved in the accident was traveling in a nearby Lynn neighborhood and was leaking fluid and had front end damage.

The Massachusetts State Trooper pulled the car over and reportedly observed that the driver's side airbag had deployed. The driver, Scott Gauthier, reportedly told the trooper that he had hit a curb on the Lynnway as he was making a U-turn.

The trooper also reportedly 'detected an odor of alcohol' on Gauthier's breath, and Gauthier allegedly stated that he had a 'half-pint of vodka'. Scott Gauthier was asked to perform Field Sobriety Tests, which he allegedly failed (almost everyone 'fails' Field Sobriety Tests in Massachusetts).

A search of Gauthier's car by the Massachusetts State Trooper reportedly yielded several prescription bottles, which were allegedly hidden in a guitar case.

The Massachusetts Penalties for DUI / OUI, 3rd Offense, are commitment to state prison for not less than 180 days and up to 5 years; fines, fees and assessments totaling $15,000, suspension of your Massachusetts Driver's License for 8 years, and cancellation of the vehicle's registration for the duration of the license suspension.

Getting stopped for Drunk Driving in Massachusetts is a very serious criminal offense, and because DUI / OUI crimes are prosecuted very aggressively by all county District Attorney's Office, you should Consult with a Boston OUI / DUI Lawyer.

Continue reading "Bridgewater Man Arrested in Lynn on 3rd Drunk Driving Charge" »

April 7, 2011

Boston Man Charged with OUI After Leaving Gloucester Bar


Field Sobriety Test_finger to nose.jpegTimothy M. Brennick, 48, of South Boston, was arrested on Massachusetts DUI Charges in earlier this week after leaving a Gloucester bar with his girlfriend.

He was formally charged with Operating Under the Influence of Alcohol.

Brennick and his girlfriend, Jannifer L. Paquette, 40, were reportedly in the House of Mitch bar in Gloucester Tuesday evening. After leaving the bar at 10:30, the bartender reportedly called the police to report that the two just left the bar intoxicated, got into a car and drove off.

Gloucester Police officers pulled over the car driven by Brennick on suspicion of violating Massachusetts DUI / OUI Laws, who then allegedly admitted to having two beers. Brennick reportedly submitted to several Field Sobriety Tests, which the police officers claimed, as is always the case, that he failed.

Despite that the bartender may have called the police and made his report, there still must be some indication that Brennick was 'under the influence' of alcohol to a degree that affected his ability to safely operate his car. Many factors in DUI cases can establish or negate whether the person was under the influence, including speeding, marked lanes violations, failure to yield or stop at lights, and countless other motor vehicle infractions.

What Does It Mean to be 'Under the Influence'?
Under Massachusetts Drunk Driving Laws, a person doesn't need to be drunk to be considered 'under the influence.' Rather, a person is deemed to be 'under the influence' of alcohol if he has consumed enough alcohol to reduce his ability to operate a motor vehicle safely, by decreasing his alertness, judgment and ability to respond promptly.

In this regard, in OUI prosecutions in Massachusetts, the prosecutor is not required to prove that the person actually drove in an unsafe or erratic manner, but rather, the prosecutor is required to prove that his ability to drive safely was diminished by alcohol.

Continue reading "Boston Man Charged with OUI After Leaving Gloucester Bar" »

April 6, 2011

Massachusetts Police Arrest Man for Driving Under Influence of Cocaine


Michael Pacheco, 34, of Springfield, was arrested on his third Massachusetts Drunk Driving Charge after he was allegedly observed parking his car behind a dumpster at the Indian Orchard Plaza parking lot.

Pacheco has been charged with Operating Under the Influence of Drugs, 3rd Subsequent Offense and Resisting Arrest. He reportedly has been previously convicted of DUI / OUI Charges in 2006 and 2009.

Springfield Police officers reportedly first approached Pacheco because he pulled his car behind a dumpster. As the police approached him, Pacheco allegedly ran, and was later apprehended nearby. Once seized by police and questioned why he ran, Michael Pacheco allegedly stated that he did so because he was drunk.

Pacheco reportedly admitted to using cocaine, and a search of his car allegedly revealed several empty and full bottles of alcohol.

Notably, it does not appear that the Springfield Police Officers observed any indications of impaired driving from the manner Pacheco was driving his car, nor anything else to lead them to suspect that he was operating under the influence of drugs or alcohol. That he pulled in behind a dumpster in a public parking lot also could mean nothing in the analysis of this Massachusetts DUI case, particularly if there were no trespassing signs visible in the area.

From my perspective, it appears that Michael Pacheco has several grounds of defense in challenging his arrest. That the Springfield Police Officers did not observe Pacheco to be committing any crimes and there was no reason why they suspected him to be involved in any criminal activity, he potentially has a decent argument to constitutionally challenge the Search & Seizure of his person. The fact that Pacheco allegedly ran away upon the police approaching really means nothing, and without any reasonably suspicion that Pacheco was involved in any criminal activity, they were unjustified in pursuing him.

A successful legal challenge in this DUI case and calling into question the constitutionality of Pacheco's arrest could ultimately result in any statements he allegedly made, as well as any evidence recovered in his car, being excluded from trial.

This case very much illustrates that there are many avenues to fight your Massachusetts OUI Charges, which is why you are best served to Consult with a Boston DUI Lawyer if ever charged with Operating Under the Influence of Alcohol or Drugs.

Continue reading "Massachusetts Police Arrest Man for Driving Under Influence of Cocaine" »

April 5, 2011

NBA Star Jalen Rose Arrested for Drunk Driving


Jalen Rose.jpgFormer NBA start Jalen Rose was arrested by Michigan authorities on Drunk Driving Charges after he lost control of his car on an icy road and crashed.

According to police reports, Jalen Rose voluntarily submitted to several Field Sobriety Tests and was then transported to a facility where he reportedly submitted to an Alcohol Breath Test. Rose has since been temporarily suspended from his position at ESPN, where he was employed as an NBA analyst, for not initially reporting his DUI arrest.

As in most states across the country, Massachusetts Drunk Driving Laws do not require a persons stopped on suspicion of DUI to submit to a Breathalyzer Test. You do have a right to refuse a police officer's request to submit to a breath test, and that refusal cannot be used against you. If you do agree to take the Breathalyzer and blow a reading of 0.08% or above, your license will be suspended for 30 days.

Persons stopped for suspected DUI / OUI should be aware, however, that a Breathalyzer Test Refusal in Massachusetts carries a mandatory loss of your driver's license:

  • 180 day loss if no prior OUI Charges

  • 3 year loss if 1 prior OUI Charge

  • 5 year loss if 2 prior OUI Charges

  • LIFETIME suspension if 3 or more prior OUI Charges
Additionally, the length of loss of a persons driver's license for an Alcohol Breath Test Refusal in Massachusetts is even greater for driver's ages 18-21, and even longer for those under 18.

At the end of the day, whether or not you should submit to a Breathalyzer Test in Massachusetts should be weighed against any potential loss of license and, if you fail, providing the prosecutor with even more evidence to convict you.

As a Boston DUI Lawyer, I encourage people to only submit to an Alcohol Breath Test if they are confident they can pass. Otherwise, it might be prudent to take the loss of license have increased chances of beating your Massachusetts OUI Charges.

Continue reading "NBA Star Jalen Rose Arrested for Drunk Driving" »

April 4, 2011

Boston Man Arrested for OUI After Crashing Into Roslindale Home


Gonzalez Crash.jpgAldalberto Gonzalez, 26, of Boston, was arrested on Massachusetts Drunk Driving Charges after he allegedly crashed his car into a home in Roslindale last week.

Boston Police Officers responded to the the Roslindale home after the owner was awakened by a car having driven right into the porch of his home. The owner, home with his wife and four kids, were not hurt, though the porch and the supporting beams were damaged.

The driver of the car, Aldaberto Gonzalez, was reportedly already out of his car inspecting the damage when Boston Police Officers arrived. He was reportedly asked to take some Field Sobriety Tests, but he exercised his rights and refused to take any such tests.

After a search of Gonzalez' car allegedly yielded two empty beer cans, Gonzalez was arrested on DUI / OUI Charges.

Adalberto Gonzalez was formally charged with Operating Under the Influence of Alcohol.

Continue reading "Boston Man Arrested for OUI After Crashing Into Roslindale Home" »

April 1, 2011

Foxboro Doctor Arraigned on Massachusetts OUI Charges in Taunton Court


Dr. Laura D. McLaughlin, 55, of Foxboro, was arraigned in Taunton District Court on several Massachusetts Drunk Driving Charges and Assault Charges after leaving an Easton restaurant last weekend.

McLaughlin has been charged with Operating a Motor Vehicle While Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle, and two counts of Assault & Battery on a Police Officer.

According to Easton Police, McLaughlin left a restaurant and struck one car in the parking lot. When police arrested her, she then allegedly bit and kicked the officers when she was being booked at the police station.

There is no indication whether McLaughlin was asked to perform any Field Sobriety Tests or whether she submitted to a Breathalyzer Test.

Unfortunately, Dr. Laura D. McLaughlin was employed at the Whitman branch of Beth Israel Deaconess Healthcare, where she was placed on administrative leave pending a hospital investigation, despite having a stellar record without any history of discipline.

One must be cautioned, if ever stopped for suspected DUI / OUI in Massachusetts, the police will be looking for anything indicia to justify your arrest.

This incident is illustrative that being charged with an OUI / DUI can have devastating effects not just on a person's personal life, but also their professional life as well. For that reason, it is critical that if charged with a Massachusetts Drunk Driving Crime, you should immediately Contact a Boston Drunk Driving Lawyer.

Continue reading "Foxboro Doctor Arraigned on Massachusetts OUI Charges in Taunton Court" »