A Stoneham was arrested for Massachusetts Drunk Driving Violations on the Massachusetts Turnpike with his two children in the vehicle.
The defendant was arraigned in Dudley District Court on Monday and charged with Operating Under the Influence of Alcohol and Child Endangerment While OUI / DUI.
According to the Massachusetts State Police, troopers received a call to be on the lookout for an alleged drunk driver who had two children in the car with him. Contemporaneous with the call, the Sturbridge Police Department had also reportedly called the Massachusetts State Police to inform them that the defendant was suspected of being involved in a "domestic dispute".
When state troopers approached the vehicle, which had pulled over into a rest area, the driver was allegedly unsteady on his feet, had slurred speech and smelled of alcohol.
At his arraignment, it was disclosed that the driver also had a previous conviction for vehicular homicide.
The Massachusetts drunk driving crime of Child Endangerment While Operating Under the Influence of Alcohol or Drugs was passed in 2005 under "Melanie's Law", and punishes those who operated a vehicle under the influence of alcohol or drugs with a child 14 years of age or younger in the vehicle.
A conviction for a first offense of Child Endangerment While OUI / DUI punishes those with not less than 90 days and up to 2.5 years in the House of Corrections; while a subsequent offender may be punished by not less than 6 months and up to 2.5 years in the House of Corrections.
Because they are technically "separate" crimes and require different 'elements' to sustain a conviction, under the law, a person may be charged with OUI / DUI and Child Endangerment While OUI / DUI.
To schedule a Free Consultation, Click Here to Contact a Massachusetts Drunk Driving Lawyer or call 617-325-9500.