September 2011 Archives

September 30, 2011

Massachusetts Man Charged with DUI Homicide After Striking Ambulance


Ray Alvarez, 23, of Waltham, has been indicted by a Middlesex County Grand Jury on several Massachusetts Drunk Driving Charges after allegedly striking an ambulance and killing a patient within.

He has been charged with Motor Vehicle Homicide by OUI; Leaving the Scene of an Accident After Causing Property Damage; OUI / DUI; and Negligent Operation of a Motor Vehicle.

According to the Middlesex County District Attorney's Office, Ray Alvarez was allegedly driving on Waltham when he veered into the opposite lane and struck an ambulance, which cause it to spin out of control. In the ambulance was Irving Vogel, 72, of Dedham, who died from injuries resulting from the crash. The Massachusetts Medical Examiner's Office cited 'blunt force trauma' as the cause of death.

Waltham Police allege that Alvarez left the scene of the accident, but the ambulance reportedly was able to note his license plate number. Alvarez' car was found behind a building and police officers allegedly observed front end damage to the car.

Police Officers who arrested Alvarez allege that they observed a 'strong odor of alcohol' and noted that his speech was slurred.

In many cases, not just in Drunk Driving cases, probable the worst thing someone can do i attempt to flee or run away. It is inevitable that if the case goes to trial, prosecutors will undoubtedly introduce this evidence to the jury and argue that any attempt to flee or run away is evidence of 'consciousness of guilt'. In other words, if the person was truly innocent, or it was truly an accident, he would not have tried to get away or struggle with the police.

Believe it or not, without such evidence of 'consciousness of guilt', many cases that may appear 'losers', may actually be very 'beatable' at trial if the defense lawyer is able to offer reasonable explanations of any other alleged criminal conduct. Sometimes, the only piece of evidence that may eventually tip the scales is that the person allegedly tried to run away.

Continue reading "Massachusetts Man Charged with DUI Homicide After Striking Ambulance" »

September 28, 2011

Former Lawrence Mayoral Aid Arrested for Drunk Driving


Richard Burke, 41, of Marblehead, was arrested this past weekend in Salem for allegedly violating the Massachusetts Drunk Driving Laws for a second time.

Burke was arraigned in Salem District Court for Operating Under the Influence of Alcohol, Second Subsequent Offense.

According to the Essex County District Attorney's Office, Richard Burke was allegedly tailgating another driver in Salem when he took a sudden left turn and crashed, head on, into another car. Salem Police Officers allegedly reportedly that they detected an 'odor of alcohol' when they arrived on scene, but there is no indication that he was asked to perform any Field Sobriety Tests or submitted to an Alcohol Breath Test.

Without any addition evidence, however, this appears nothing more than a simple motor vehicle accident - and the alleged odor of alcohol, without any corroborative evidence, is not necessarily dispositive that Burke allegedly operated a vehicle 'while under the influence of alcohol'.

A former aid to Mayor's Office for the City of Lawrence, it appears that by all accounts Richard Burke has a very well established reputation in his community.

Unfortunately, Burke had a prior Massachusetts DUI / OUI case pending, and as a result of the new charges, his bail not he prior case was revoked and is currently held in custody for 60 days. Once that revocation period expires, however, the bail not the newer drunk driving case will be set at $5,000.

Continue reading "Former Lawrence Mayoral Aid Arrested for Drunk Driving" »

September 26, 2011

Illegal Alien Charged with 6th Drunk Driving Offense in Massachusetts


Eduardo Alementa Torres, 48, who is from Mexico but now living in Marlborough, was arrested this past weekend for the 6th time on Massachusetts Drunk Driving Law Violations in Boxborough.

Torres was charged with OUI / DUI 5th or Subsequent Offense and was scheduled to be arraigned this morning in Ayer District Court.

According to the Boxborough Police Department, Eduardo Alementa Torres was pulled over Saturday morning for an expired inspection sticker on I-495. After approaching the car, the police officer allegedly saw an open beer bottle on the passenger seat and also noted a "strong odor of alcohol".

After removing him from the car, Torres allegedly failed a Field Sobriety Test, and then also submitted to and failed a Breathalyzer Test, which reportedly gave a reading of 0.09%.

Although it may appear that Torres has little or no defense to contest these charges, one might notice that the officer didn't pull his car over on suspicion of drunk driving. For example, he wasn't pulled over for erratic driving; driving on the wrong side of road; speeding; and wasn't involved in an accident. By all indications, it appears that Torres was operating his car in a safe manner and obeying all the traffic laws (aside for those technical violations such as expired inspection sticker, etc.).

It has also been reported that Torres, aside from his Drunk Driving conviction, had previously been deported and a fugitive by the United States Immigration and Customs Enforcement.

Following his arraignment this morning in Ayer District Court, Eduardo Alementa Torres was held without bail pending a Dangerousness Hearing.

Continue reading "Illegal Alien Charged with 6th Drunk Driving Offense in Massachusetts" »

September 23, 2011

Massachusetts Man Arraigned for Vehicular Homicide in State Trooper's Death


senne.jpgWilliam P. Senne, of Wayland, was arraigned yesterday morning in Brockton Superior Court on enhanced Massachusetts Drunk Driving Charges in connection with the death of Massachusetts State Trooper Ellen Engelhardt.

Senne has been charged with Operating Under the Influence of Alcohol and Motor Vehicle Homicide While Under the Influence of Alcohol.

According to prosecutors, William Senne was allegedly driving on Route 25 in Wareham when he struck the Massachusetts State Trooper's vehicle, which was in the breakdown lane. Trooper Ellen Engelhardt was injured as a result from the crash, and later died on June 1st.

The crime of Motor Vehicle Homicide in Massachusetts seeks to punish those that operate a vehicle negligently and recklessly, while under the influence of drugs or alcohol, and that results in the death of another.

The punishment for Vehicular Homicide by OUI / DUI is 2.5 to 15 years in state prison.

Given the severe penalties one faces when charged with any Massachusetts DUI / OUI Offense, one would be well-served to immediately Consult with a Boston DUI Lawyer.

Continue reading "Massachusetts Man Arraigned for Vehicular Homicide in State Trooper's Death" »

September 20, 2011

Taunton Woman Arrested for Drunk Driving After Crashing into Pole


Shanon Duffy, of Taunton, was arrested this past weekend on Massachusetts Drunk Driving Charges following an early morning crash into a utility pole in Rehoboth. She was charged with Operating Under the Influence of Alcohol and Negligent Operation of a Motor Vehicle.

According to the Rehoboth Police Department, officers responded to a crash and discovered Duffy's vehicle had crashed into a utility pole at Chestnut and Pleasant Streets. Police reported that Duffy did required medical attention following the crash and was taken to a nearby hospital.

Aside from the crash, there isn't any other indication as to why Duffy was charged with OUI / DUI. Isn't is possible that this was just an mere accident and alcohol wasn't involved? Police officers are often too quick to judge and charge people with drunk driving.

For instance, there isn't any indication that the officers smelled any odor of alcohol (which isn't a big deal even if they did); or that there was any other evidence of intoxication in the car, such as an empty alcohol container. Since Duffy needed to be treated at the hospital for injuries, I think we can assume that she wasn't able or otherwise didn't submit to any Field Sobriety Tests or an Alcohol Breath Test...

In many of these types of DUI / OUI cases, particularly where there are no witnesses and the police weren't themselves able to make any observations, it is often difficult for the prosecution to piece together a strong case.

It is therefore important that, before anyone charged with drunk driving or any similar type criminal offense, they contact and Consult With a Massachusetts DUI Lawyer so that their rights can be fully explained and their case can be properly evaluated.

Continue reading "Taunton Woman Arrested for Drunk Driving After Crashing into Pole" »

September 16, 2011

Massachusetts Man Charged with Drunk Driving On Way to Liquor Store


Frederick C. Carlson, Jr., 47, of North Grafton, was arrested today and charged with his second Massachusetts Drunk Driving offense this week.

Carlson was arrested on Wednesday and charged with Operating Under the Influence of Alcohol, 4th Subsequent Offense. He was scheduled to be arraigned this morning in Westboro District Court on that charge when he was again arrested for his 5th OUI Offense and Reckless Driving when police allegedly stopped him speeding to a liquor store.

Following his arraignment today on both Massachusetts OUI / DUI Charges, Frederick Carlson was held on $20,000 bail.

OUI / DUI 4th Offense in Massachusetts is punishable imprisonment for not less than 2 years and up to 5 years in state prison. In additional to possible incarceration, a person convicted of a 4th drunk driving offense also faces fines of up to $25,000; a loss of their driver's license for up to 10 years, and possible forfeiture of their vehicle.

Because of the extreme penalties involved when facing any Drunk Driving Charges, it is critical that you Consult with a Massachusetts DUI / OUI Lawyer.

Continue reading "Massachusetts Man Charged with Drunk Driving On Way to Liquor Store" »

September 14, 2011

Hanover Man Arrested for Drunk Driving Law Violations


Stephen J. Paolini was arrested this past Sunday for allegedly violating the Massachusetts Drunk Driving Laws. He has been charged with Operating Under the Influence of Alcohol, 3rd Subsequent Offense, Negligent Operation of a Motor Vehicle, and Failure to Stop for Police.

According to the Massachusetts State Police, Stephen Paolini was arrested after he was allegedly speeding on Route 3 at about 100 miles per hour. When he was pulled over, the trooper allegedly smelled a strong odor of alcohol and placed him under arrest after he exercised his right to refuse to submit to Field Sobriety Tests.

Despite the police officer alleging an "overwhelming stench" of alcohol on Paolini's breath or person, the prosecution in this case cannot ignore the fact that it appears he was able to navigate the car, even at high speeds. One might suspect that if the driver was impaired by alcohol, he could not have been able to drive at that speed without getting into an accident.

Although Stephen Paolini may have difficulty challenging his speeding ticket, it appears that the only evidence against him in his OUI / DUI case is the fact that he smelled of alcohol, which standing alone, may not be enough to prove him guilty.

DUI 3rd Offense in Massachusetts is punishable by imprisonment for not less than 180 days and up to 5 years in state prison. In addition, third time subsequent OUI offender could also face fines of up to $15,000; a loss of his/her Massachusetts Driver's License for 8 years; and cancellation of the vehicle's registration plates for those 8 years.

Continue reading "Hanover Man Arrested for Drunk Driving Law Violations" »

September 12, 2011

Winthrop Man Charged with Drunk Driving Homicide in Boating Death


Lloyd W. Thompson, 39, was arraigned this morning in Hingham District Court and charged with Massachusetts Drunk Driving Law Violations in connection with an alleged drunk boating accident that resulted in the death of a Winthrop woman, Regina Mosher.

Thompson has been charged with Operating Under the Influence of Alcohol and Manslaughter by Driving Under the Influence.

According to the Hull Police Department, Lloyd W. Thompson was allegedly driving the boat when it collided with a another sailboat Saturday night. Upon impact, police believe that Regina Mosher was ejected from the boat into the water. Although she was reportedly rescued from the water within minutes, she reportedly died from brain injuries at a Boston hospital.

The Hull Police allege that Thompson was navigating the boat at about 19 miles per hour at the time of the crash, and allegedly admitted to having drank, though only two or three. Police did seize empty beer bottles and an empty wine box from Thompson's boat, though there were 9 other passengers on board.

Thompson reportedly told police that he did notice the sailboat ahead of him at the last minute and unsuccessfully tried to avoid the crash by turning hard and throttling back. He is reportedly an experienced sailer, with 17 years of experience and familiarity with the area.

By all accounts, this incident appears to be nothing more than a truly tragic accident, with little or no evidence that Thompson's ability to safely navigate the sailboat was impaired by alcohol. Accidents do happen, and by all accounts, Thompson appeared to be alert, cognizant and able to relate his accounts to the police.

Without any other significant witness accounts or that he failed any Field Sobriety Tests or a Breathalyzer Test, the Hingham District Court's imposition of a relatively low cash bail following his arraignment, $1,500, may suggest that this case is more of an accident that a 'drunk boating' incident.

Continue reading "Winthrop Man Charged with Drunk Driving Homicide in Boating Death" »

September 11, 2011

Massachusetts Police Charge Bridgewater Woman in Fatal DUI Crash


Patricia Neville-Colp was arrested and charged with Massachusetts Drunk Driving Law Violations following a crash in Stoughton last night that resulted in the death of one, and serious injuries to two others.

Neville-Colp was charged with Motor Vehicle Homicide by OUI, Operating Under the Influence of Alcohol, and Operating Under the Influence of Drugs.

According to the Massachusetts State Police, Patricia Neville-Colp allegedly cut across two lanes when she collided with a another car. The crash resulted in a passenger being killed, and two others in the car being seriously injured.

The crime of Vehicular Homicide in Massachusetts is punishable by imprisonment to state prison for not less than 2.5 years or up to 15 years. Alternatively, a person may also be committed to a lesser sentence in the House of Corrections for not less than 1 year and not more than 2.5 years.

Motor Vehicle Homicide punishes those drivers that, as a result of intoxication by drugs or alcohol, negligent and recklessly operate a motor vehicle so that the lives or safety of the public might be endangered, and which results in the death of another person.

Aside for the potential for imprisonment, a person convicted of Vehicular Homicide in Massachusetts will also face suspension of his/her driver's license for 15 years. For subsequent offenders, the drivers license revocation is for life.

Patricia Neville-Colp is scheduled to be arraigned Monday morning on Massachusetts OUI Charges in Stoughton District Court.

Continue reading "Massachusetts Police Charge Bridgewater Woman in Fatal DUI Crash" »

September 6, 2011

Massachusetts Man Arrested for 5th DUI Offense


John S. King, of Yarmouthport, was arrested last Sunday night and charged on Massachusetts Drunk Driving Charges.

King was stopped by police on Route 6A after he narrowly averted a head-on collision with a police cruiser. He was charged with Operating Under the Influence of Alcohol, 5th or Subsequent Offense and Negligent Operation of a Motor Vehicle.

An OUI / DUI 5th Offense in Massachusetts is extremely serious, as it carries a potential for imprisonment of not less than 2.5 years and up to 5 years in state prison. In addition, a conviction for a 5th drunk driving offense will result in the lifetime revocation of the person's driver's license with no possibility of even ever obtaining a hardship or 'cinderella' license.

Moreover, since the passing the Melanie's Law, prosecutors in Massachusetts DUI / OUI cases can further seek to have the person's car forfeited!

Given the extreme and severe consequences involved, those charged with any DUI / OUI Offenses in Massachusetts should immediately Consult with a Drunk Driving Lawyer.

Continue reading "Massachusetts Man Arrested for 5th DUI Offense" »

September 5, 2011

Massachusetts Woman Arrested for OUI After Boating Accident


Susan H. Pataky, 43, was arrested and charged with Massachusetts Drunk Driving Law Violations following a boating accident that left an Upton with serious injuries.

According to the Leicester Police Department, Pataky was allegedly operating a motorboat and pulling a tube with another woman on it when it struck a dock in Sargent's Pond. The passenger was taken to Umass Medical Center to be treated for what are referred to as "serious injuries".

Susan H. Pataky was released on personal recognizance following her arrest on Massachusetts DUI / OUI Charges, and is scheduled to appear in East Brookfield District Court to answer charges of Operating Under the Influence of Alcohol.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts Drunk Driving Charges, including Operating Under the Influence of Alcohol.

Click Here to Contact a Massachusetts OUI Lawyer and to schedule a Free Consultation.

Attorney Lefteris K. Travayiakis may also be reached at lefteris@travayiakis.com.

September 3, 2011

Hingham Police Arrest Hull Woman for DUI After Beer Spills Out


Kaitlin M. Rymaszewski, 22, of Hull, was arrested last night on Massachusetts Drunk Driving Charges after being pulled over by Hingham Police.

Rymaszewski was charged with Operating Under the Influence, 2nd Subsequent Offense, Negligent Operation of a Motor Vehicle; and Driving with an Open Container.

According to the Hingham Police Department, Rymaszewski was arrested after police officers observed beer spilling out of the glove compartment of her car, though it is unclear what prompted the police to initially conduct a vehicle stop.

Hingham Police allege that Rymaszewski allegedly stated that the beer was a gift from a friend after she completed a court-ordered alcohol treatment program following her first DUI / OUI arrest; and that she shoved the beer into the glove compartment when she saw the police lights flashing behind her to pull over.

In Massachusetts, Operating Under the Influence of Alcohol, 2nd Subsequent Offense, carries a sentence of not less than 60 days and not more than 2.5 years in jail, as well as a suspension of the person's driver's license for 2 years and the installation of a interlock device on the vehicle when the license is ultimately reinstated.

Massachusetts DUI / OUI Laws, in lieu of a committed jail sentence, also provide for what is referred to as an 'Alternative Disposition' if the person elected to resolve the case by a change of plea rather than proceeding to trial. The Alternative Disposition would include being placed on probation; completion of an in-patient Alcohol-Treatment Program; loss of driver's license for 2 years; and the installation of an interlock device on the vehicle.

Continue reading "Hingham Police Arrest Hull Woman for DUI After Beer Spills Out" »

September 1, 2011

Fall River Man Arrested for OUI


Trokan Jubah, 29, was arrested earlier this weeks on Massachusetts Drunk Driving Charges after allegedly hitting three cars in Fall River.

According to the Fall River Police Department, officers responded to a call for a car accident and observed Trokan Jubah pushing his car near another vehicle that was hit. When they approached, officers allegedly smelled the odor of alcohol and burnt marijuana.

After reported failing Field Sobriety Tests, Trokan Jubah was arrested and charged with Operating Under the Influence of Alcohol.

Boston DUI Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Massachusetts OUI Charges.

To schedule a Free Consultation, Click Here to Contact a Boston OUI Lawyer or call 617-325-9500.

Attorney Lefteris K. Travayiakis may also be reached directly at lefteris@travayiakis.com.