June 2011 Archives

June 28, 2011

Massachusetts Man Charged with DUI & Driving to Endanger


James Shiner, 54, of North Reading, was arrested this past Saturday morning on several Massachusetts Drunk Driving Charges following a head-on collision that resulted in two people being treated for injuries.

He was arraigned in Woburn District Court yesterday on charges including Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle Resulting in Serious Bodily Injury.

According to the North Reading Police Department, James Shiner was allegedly traveling on North Street when he hit another vehicle head-on. Although the North Reading Police Department alleges that Shiner was operating under the influence of alcohol at the time of the crash, there is no indication at this time as to what they based that conclusion on: including whether there was any evidence of intoxication and/or whether he submitted to any Field Sobriety Tests or a Breathalyzer Test.

In Massachusetts, the crime of Operating Under the Influence of Alcohol carries up to 2.5 years in the House of Corrections, along with potential fines of up to $5,000 and a suspension of your Massachusetts Driver's License for up to 1 year.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Crimes.

Click Here for a Free Consultation with a Boston OUI Lawyer or call 617-325-9500.

June 25, 2011

Former Rockland Selectman Arrested for 2nd DUI


dui2.jpgMichael Zupkofska, a former Rockland Selectman, was arrested last Monday in Hingham on Massachusetts OUI / DUI Charges. He was arraigned on Tuesday and charged with Operating Under the Influence of Alcohol.

According to the Hingham Police Department, Michael Zupkofska was arrested after witnesses allegedly observed him driving over the curb as he was turning from one street to another. A Hingham Police Officer was parked nearby, who reported that he heard a loud 'bang', and then came across Zupkofska's car, which had eventually stopped at the approach of the police.

Hingham Police who approached Zupkofska's car reported that his eyes were "red and glassy and three-quarters closed"; and that he fumbled with his registration and took out his wallet in a "clumsy" manner.

If that were all there was, Michael Zupkofska certainly had a very tremendous case for trial and in beating these OUI Charges. The police allege, however, that Zupkofska allegedly admitted to having had "a couple of drinks" and that he also submitted to four Field Sobriety Tests.

Although an admission to drinking and allegedly failing Field Sobriety Tests not fatal to a defense of the charge of Operating Under the Influence of Alcohol, it certainly creates more work for the attorney in challenging the prosecution's case. After all, everyone stopped for suspected drunk driving has the right to remain silent and not answer an officer's questions, especially about what he/she had to drink that evening, if anything; and you CAN refuse to submit to any Field Sobriety Tests!

Michael Zupkofska had served as a Selectman in Rockland for three years, from 2007 through 2010. He had also been previously charged with Operating Under the Influence of Alcohol in Rockland in 2001.

Continue reading "Former Rockland Selectman Arrested for 2nd DUI" »

June 24, 2011

Massachusetts Man Arraigned in Brockton for DUI / OUI


dui.jpgDavid Youngclaus, 21, of Hanson, was arrested on Thursday morning on several Massachusetts Drunk Driving Charges following a crash in Abington.

Youngclaus was arraigned yesterday in Brockton District Court on several OUI / DUI Charges, including Operation of a Motor Vehicle While Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the Abington Police Department, David Youngclaus allegedly crashed his car into a utility pole at 1:30 a.m. in Abington early Thursday morning. Abington Police who responded to the crash reported that Youngclaus needed assistance to stand when he exited the car.

Youngclaus is alleged to have submitted to several Field Sobriety Tests on scene, which Abington Police report he allegedly failed. He also reportedly submitted to a Breathalyzer Test, which registered at 0.20% and 0.19% - these would be readings of more than 2.5 times the legal limit of 0.08%.

Massachusetts Drunk Driving Laws afford persons stopped for suspected OUI / DUI to refuse the police officer's request to submit to an Alcohol Breath Test. Although a refusal to submit to a BAC test may result in the loss of your Massachusetts Driver's License for a period of 180 days (if you have no prior OUI Charges on your record), you should weigh this potential loss against the possibility of perhaps beating your criminal case if you refuse. This is because, under Massachusetts DUI Laws, an Alcohol Breath Test refusal cannot be used against you in the prosecution's case.

If you do agree, however, agree to submit to a Breathalyzer Test, you may still risk the loss of your Massachusetts Driver's License for a period of 30 days if you blow a reading of 0.08% or higher.

Continue reading "Massachusetts Man Arraigned in Brockton for DUI / OUI" »

June 21, 2011

Lynn Woman Charged with Massachusetts DUI in Quincy Accident


Anna Missakiane, 26, of Lynn, was arrested yesterday on Massachusetts Drunk Driving Charges following a head-on collision on I-93 in Quincy. She has been charged with two counts Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the Massachusetts State Police, Anna Missakiane was allegedly traveling the wrong way in the southbound lane on I-93 in Quincy with her headlights off. Her car is alleged to have struck a car driven by Faith Jorge head on, as well as a motorcycle driven by Patrick Ford. The accident resulted in both Anna Missakiane and Faith Jorge to be taken to Boston Medical Center in critical condition.

Massachusetts State Police allege that Missakiane was operating her car under the influence of alcohol, though it is not clear what led them to make that determination. Given her injuries, it is doubtful that Missakiane was asked to perform any Field Sobriety Tests.

In typical Massachusetts DUI / OUI cases, the government cannot compel the person suspected of drunk driving to submit to testing to reveal his/her Blood Alcohol Content. In DUI cases such as these, however, where the person is injures and received medical treatment, prosecutors will make efforts to obtain the persons medical treatment records, which are likely to indicate what Blood Alcohol Content was present in his/her system, if any.

Continue reading "Lynn Woman Charged with Massachusetts DUI in Quincy Accident" »

June 18, 2011

Attleboro Man Arrested Twice in Two Days for Drunk Driving


Mark A. Traversi, 56, of Attleboro, was arrested twice this past week, and three times in the last three months, on Massachusetts Drunk Driving Charges. Traversi was first arrested last Sunday in Rehoboth for Operating Under the Influence of Alcohol, Second Subsequent Offense.

He was against arrested on Monday, again for Operating Under the Influence of Alcohol, Second Subsequent Offense, this time for allegedly driving into a yard in Attleboro and then taking off. Following the Monday DUI / OUI incident, Mark A. Traversi was arrested at his Attleboro home, at which time he reportedly submitted to an Alcohol Breath Test which yielded a reading of 0.30%.

Traversi was arraigned in Attleboro District Court and charged with Operating Under the Influence, Second Subsequent Offense, Negligent Operation of a Motor Vehicle, and Leaving the Scene of Property Damage.

At the time of both of his most recent Massachusetts DUI / OUI arrests, Traversi was on probation of a First Offense DUI Law Violation out of Wrentham District Court. Following his arraignment in Attleboro District Court, Mark Traversi was ordered held without bail and sent to Bridgewater State Hospital in order to be evaluated by the Massachusetts Alcohol and Substance Abuse Center.

Continue reading "Attleboro Man Arrested Twice in Two Days for Drunk Driving" »

June 15, 2011

Chelsea Woman Charged with DUI After Hitting Ambulance in Wilmington


Cisar Bargas-Lopez, 24, of Chelsea, was arrested Sunday night in Wilmington and charged with Massachusetts Drunk Driving Law Violations, including Operating a Motor Vehicle While Under the Influence of Alcohol, Possession of an Open Alcoholic Container, and Unlicensed Operation of a Motor Vehicle.

According to the Massachusetts State Police, officers and emergency crews were already on scene on I-93 tending to an accident involving 6 cars where one person was trapped in one of the vehicles. While those vehicles and occupants were being tended to, police allege that Cisar Bargas-Lopez, traveling in a Dodge Caravan, crashed into an ambulance that was in the breakdown lane.

There is no indication whether Cisar Bargas-Lopez submitted to any Field Sobriety Tests and/or an Alcohol Breath Test, but Massachusetts State Police also indicated that she may face additional criminal charges once an accident reconstruction analysis is completed.

Ms. Cisar Bargas-Lopez was arraigned on these Massachusetts DUI Charges in Woburn District Court.

Continue reading "Chelsea Woman Charged with DUI After Hitting Ambulance in Wilmington" »

June 12, 2011

Lawrence Woman Charged with OUI & Vehicular Homicide of Saugus Man


Shayna Fernandez, 21, of Lawrence, was arrested Saturday morning and charged with Massachusetts Drunk Driving Charges in connection with a crash in Andover that resulted in the death of Francis A. O'Hanley, 62, of Saugus.

Fernandez is to be arraigned tomorrow morning in Lawrence District Court on Massachusetts DUI Charges including Operating Under the Influence of Alcohol, Negligent Operation of a Motor Vehicle and Motor Vehicle Homicide.

According to the Massachusetts State Police, officer responded to a crash in Interstate 93 in Andover at around 7:00 a.m. Saturday morning. Shayna Fernandez was allegedly speeding in the northbound direction when she struck the vehicle being driven by Francis A. O'Hanley. The impact caused Fernandez' vehicle to veer to the center median and then again into the roadway, again striking O'Hanley's car, this time causing it to roll over.

O'Hanley was taken to Lawrence General Hospital where he succumbed to his injuries. Two other passengers, Timothy O'Hanley, 25, of Saugus, and Joseph A. Coppola, 57, of Malden, were also treated for serious injuries.

Continue reading "Lawrence Woman Charged with OUI & Vehicular Homicide of Saugus Man" »

June 11, 2011

6th Massachusetts DUI Arrest for Holliston Man


Frank Ceccaroni was arrested earlier this week on several Massachusetts Drunk Driving Charges after he allegedly drove a stolen car at high speeds and crashed into a truck on I-93 in Stoneham. Ceccaroni was arraigned in Woburn District Court on several DUI / OUI Charges, including Operating Under the Influence of Alcohol, 6th Subsequent Offense, Receiving Stolen Motor Vehicle, and Reckless Driving.

According to the Middlesex County District Attorney's Office at his arraignment in Woburn District Court, Frank Ceccaroni allegedly rear-ended a stolen car into a truck on I-93. The estimated speed in which he was traveling, estimated at over 130 miles per hour, caused the Ceccaroni's car to get stuck under the truck at impact. The car, with Ceccaroni in it, was reportedly dragged some distance before the driver of the truck was able to pull over into the breakdown lane.

Massachusetts DUI / OUI 5th or Subsequent Offense carries not less than 2.5 and up to 5 years in state prison. A person convicted of this offense would also face a lifetime revocation of his driver's license, and the District Attorney's Office could also seek forfeiture of the vehicle.

Police and emergency personnel that responded to the crash reportedly had to use the jaws of life to extricate Ceccaroni from the vehicle, who was then transported to Massachusetts General Hospital for head injuries.

Following his arraigned in Woburn District Court, Frank Ceccaroni was held without bail pending a Dangerousness Hearing.

Continue reading "6th Massachusetts DUI Arrest for Holliston Man" »

June 7, 2011

Massachusetts Grandmother Charged with DUI Alcohol, Drugs & Child Endangerment


Christina Casten, 63, of Hopkinton, was arrested by Framingham Police last night for on various Massachusetts OUI Charges for allegedly driving under the influence of alcohol and prescription drugs with her 8 year old grandson in the car.

Casten was arraigned in Framingham District Court this morning on several OUI / DUI Charges, including Operating Under the Influence of Alcohol, Driving Under the Influence of Drugs, Child Endangerment while Driving Under the Influence of Alcohol or Drugs.

According to the Framingham Police Department, Christina Casten allegedly admitted to having drank two glasses of wine, as well as having taken two prescription pills.

The Massachusetts DUI Crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs became law in 2005 with the passing of "Melanie's Law" by the Massachusetts State Legislature. Child Endangerment While OUI now makes it a crime to operating a motor vehicle under the influence of alcohol or drugs with a child 14 years of age or younger in the car.

The penalty upon conviction for Child Endangerment While DUI of Alcohol or Drugs is 90 days to 2.5 years imprisonment, as well as a driver's license suspension for 1 year for a first time offender; or up to 3-5 years in state prison for a subsequent offender, as well as a 3 year loss of license.

Continue reading "Massachusetts Grandmother Charged with DUI Alcohol, Drugs & Child Endangerment" »

June 6, 2011

5th Massachusetts Drunk Driving Charge for Hanson Man


Robert Hennessey, 54, of Hanson, was arraigned this morning in Brockton District Court on Massachusetts DUI Charges following his arrest in Whitman after a crash and allegedly leaving the scene. He was charged with Operating Under the Influence, 5th Subsequent Offense, Driving With a Suspended License for OUI, and Leaving the Scene of an Accident.

According to Whitman Police, Robert Hennessey allegedly rear-ended a car in Hanson and failed to stop to make his identity known. Following the crash, he allegedly continued driving into Whitman, but was reportedly following by the driver whose car he hit. Whitman police pulled Hennessey over, and reported that a strong odor of alcohol.

After being pulled over, Hennessey exercised his right and refused to submit to any Massachusetts Field Sobriety Tests. In Massachusetts, your refusal to submit to any Field Sobriety Tests and/or a Breathalyzer Test Refusal is not admissible at trial.

Pending resolution of these Massachusetts DUI Charges, Hennessey was released on $6,000 bail.

Continue reading "5th Massachusetts Drunk Driving Charge for Hanson Man" »